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Alabama

Accident reported at Ledge and 77

By Howard B. Owens

A motor-vehicle accident is reported at Ledge Road and Route 77, Alabama.

It might be with injury, but a dispatcher says there is a language barrier with the caller.

Alabama fire and Mercy EMS dispatched.

Grand Jury: Man accused of making a terrorist threat against law enforcement at Rez Smoke Shop

By Billie Owens

Isaac D. Abrams is indicted for the crime of making a terrorist threat, a Class D felony. It is alleged that on Sept. 30 in the Town of Alabama that he acted with "intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, kidnapping, threatened to commit or caused to be committed specified offenses": assault on a police officer, assault in the first degree, and/or murder in the second degree, and thereby caused a reasonable expectation or fear of the imminent commission of such offenses. Abrams allegedly threatened several NYS troopers and Genesee County Sheriff's deputies with deadly violence by means of a firearm. In count two, the defendant is accused of resisting arrest, a Class A misdemeanor. In count three, Abrams is accused of trespass, a violation, for entering or remaining unlawfully in The Rez Smoke Shop and Gas Mart on Bloomingdale Road.

Tony R. Graber is indicted on four counts of falsifying business records in the first degree, each a Class E felony. It is alleged that Graber, with intent to defraud, made or caused false entries in the business records of an enterprise in the Town of Batavia -- Pawn King -- regarding the ownership of items on four different dates in 2016: on March 23, a Husky Wrench Set; on March 25, a Husky Model 20-piece Combination Wrench Set; on March 29, Milwaukee Drill Bits/Blades; and on April 2, a Craftsman Tap and Die Set. In addition, Graber is indicted on four counts of criminal possession of stolen property in the fifth degree, Class A misdemeanors. On the misdemeanors, Graber is said to have allegedly knowlingly possessed stolen property (the items cited previously) with intent to benefit himself or a person other than the owner or to impede recovery of the items by the owner.

Destin D. Rouse is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Jan. 10 in the Town of Batavia that Rouse stole property having a value in excess of $3,000. He is accused of stealing $4,209.76 worth of merchandise from Walmart.

Timothy M. Weinstein is indicted for the crime of aggravated family offense, a Class E felony. It is alleged that on April 7 in the City of Batavia that the defendant commited or attempted to commit second-degree criminal contempt against a person of the same family or household as the defendant: By being in the presence of the victim in violation of an order of protection. In counts two and three, he is accused of the same crime twice on April 29. In counts four and five, Weinstein is accused of the same crime on May 1 and May 2, respectively. In Special Information filed by the District Attorney, Weinstein is accused of having been convicted of third-degree assault, a Class A misdemeanor, on March 23 and this was against a member of the same family or household as the defendant and this was within five years previous to the crimes alleged in the indictment.

Law and Order: Oak Street resident accused of five residential burglaries

By Howard B. Owens

Davon St. John, 19, of Oak Street, Batavia, is charged with five counts of second-degree burglary. St. John is accused of five residential burglaries at five locations on Ellicott Avenue, Montclair Avenue, and Union Street, Batavia. One house was burglarized three times and the other two, once each. St. John was jailed on $50,000 bail, $100,000 bond. The burglaries were investigated by Det. Thad Mart, Det. Matt Wojtaszczyk, Det. Eric Hill, Det. Rich Schauff, Det. Kevin Czora, Officer Jason Davis, Officer Kevin DeFelice, Officer Mitchell Cowen.

Cody A. Eaton, 28, of Otis Street, Batavia, is charged with strangulation, 2nd. Eaton is accused of strangling another person at 4:23 a.m. Sunday at a location on Otis Street, Batavia. He was jailed without bail.

Natalie M. Cervone, 23, of Clinton Street, Batavia, is charged with unlawful possession of marijuana. Cervone was a passenger in a vehicle stopped for an alleged traffic violation at 8:30 p.m. Nov. 22 on Clinton Street by Officer Chad Richards.

Brandon J. Micucci, 18, of Main Street, Alexander, is charged with unlawful possession of marijuana. Micucci was allegedly found in possession of marijuana at 9:15 p.m. Nov. 20 at DeWitt Recreation Area by Officer Stephen Cronmiller.

D'andre J. Cramer, 18, of Maple Street, Batavia, is charged with unauthorized use of a vehicle, petit larceny, and criminal possession of stolen property, 5th. Cramer was arrested in connection with a report of a vehicle theft reported Sept. 4 from a location on Columbia Avenue. There was also an alleged theft from the vehicle. He was jailed on $1,000 bail.

Jason Scott Hall, 28, of Rochester Road, Gasport, is charged with DWI, driving while impaired by drugs, and unlawful possession of marijuana. Hall was arrested by Deputy Howard Wilson following a DEC license check on Feeder Road, Alabama, at 11 a.m. on Friday.

Jake T. Flick, 23, of Oakfield, is charged with unlawful imprisonment, 2nd, harassment 2nd, and acting in a manner injurious to a child under age 17. Flick was arrested in connection with an incident reported at 2:54 a.m. Saturday by State Police. No further information released.

Law and Order: Medina man accused of sex act with disabled person in Batavia and Perry

By Howard B. Owens

Arsenio Youngs, 27, of Medina, is charged with criminal sex act, 2nd. Youngs is accused of a sex act with a disabled person in the City of Batavia. The complaint was made to State Police at 4:31 p.m., Nov. 1. Youngs was also charged with the same crime in the Town of Perry based on a complaint to State Police at 10:01 a.m., Nov. 1. Youngs was released on his own recognizance. No further details released.

Erika L. Gilson, 37, of West Main Street, Le Roy, is charged with felony DWI, three counts of felony aggravated DWI, and felony driving with a BAC of .18 or greater. Gilson was stopped at 3:05 p.m. Wednesday on West Main Street, Village of Le Roy, by Le Roy PD. Gilson was accused of driving while intoxicated with three children in the car under age 16. She was jailed on $2,500 bail.

Shane M. Nugent, 32, of West Middlebury Road, Wyoming, is charged with DWI, driving with a BAC of .18 or greater, and failure to keep right. Nugent was stopped at 2:19 a.m. Saturday on Warsaw Road, by Le Roy PD.

Daun Elizabeth Monachino, 58, Bank Street, Batavia, is charged with DWI, driving with a BAC of .18 or greater, improper left turn, improper right turn, and no left side mirror. Manachino was stopped at 4:34 p.m. Sunday on Richmond Avenue, Batavia, by Deputy Richard Schildwaster, following a citizen traffic offense complaint.

Tyler Lee Walls, 21, of Viking Way, Brockport, is charged with menacing. Walls allegedly threatened another motorist during a road rage incident reported at 1:36 p.m. Sunday on Warboys Road, Bergen.

Anson Torpe Arenas, 43, of Lexington Parkway, Rochester, is charged with driving while ability impaired by drugs, driving left of pavement, driving a vehicle without a valid inspection, insufficient tail lamps, and driving with alcohol in a motor vehicle. Arenas was stopped at 6:16 p.m. Saturday on Townline Road, Bergen, by Deputy Ryan DeLong.

Shawn William Cross, 46, of Craigie Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater. Cross was arrested following a report of a car vs. deer accident at 9:18 p.m. Friday on Perry Road, Pavilion, by Deputy Travis DeMuth.

Jenna Leann Hernandez, 21, of Hutchins Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding, driving left of pavement marking, and driver's view obstructed. Hernandez was stopped at 2:16 a.m. Saturday on Wortendyke Road, by Deputy Howard Wilson.

Jeremy Sheehan, 35, of West Bergen Road, Le Roy, is charged with menacing, 2nd. Sheehan allegedly displayed a handgun to a resident in a nearby apartment at 1:18 a.m. Thursday at a location on West Bergen Road, Le Roy. He was jailed on $1,000 bail or $3,000 bond. 

David Michael Bratt, 38, of Carolina Avenue, Lockport, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, moving from lane unsafely, and driving left of pavement markings. Bratt was stopped at 12:54 a.m. Wednesday on Lewiston Road, Alabama, by Deputy Ryan Young. 

Kari Ann Marble, 26, of Pratt Road, Batavia, is charged with petit larceny. Marble is accused of shoplifting from Kohl's Department Store on Veterans Memorial Drive in Batavia at 11:58 a.m. on Nov. 9.

Sarah A. Cheek, 33, of Rochester, is charged with unlawful possession of marijuana. Arrested as part of the same incident was a 16-year-old on an execution of a bench warrant. The incident was reported at 10:48 a.m. Sunday on Route 237, Byron, by State Police. No other details released.

Christina M. Sarratori, of North Chili, is charged with criminal trespass, 3rd. Sarratori is accused of entering an enclosed area at 8315 Park Road, Batavia. The incident was reported to State Police at 12:52 a.m. Saturday.

Amanda M. Volkman, 32, of Byron, is charged with assault, 3rd, obstructing governmental administration and resisting arrest. Volkman is accused of attacking a person with intent to cause serious physical injury. The complaint was reported to State Police at 11:45 p.m. Thursday at a location on Caswell Road, Byron. Volkman was held in jail. No further details released.

Mary B. Thompson, 34, of Batavia, is charged with unlawful possession of marijuana. Thompson was charged by State Police based on an incident reported at 4:31 p.m. Nov. 15 on Pearl Street Road, Batavia.

DOT to hold information session to discuss traffic safety at Route 77 and Ledge Road, Alabama

By Howard B. Owens

Press release:

The New York State Department of Transportation will hold an information session on Tuesday, Nov. 28 to discuss proposed plans for a project to improve safety at the intersection of Route 77 and Ledge Road in Alabama, Genesee County. The meeting will be held in an open house format from 4 to 6 p.m. at the Alabama Fire Hall, located at 2230 Judge Road. No formal presentation will be given.

The preferred alternative is to build modern roundabout. The proposed project will improve safety at the intersection by reducing crashes. A preliminary layout of the roundabout will be available to view and discuss with NYSDOT representatives.

Construction is slated to begin in the spring of 2019.

The location is accessible for people with disabilities. If anybody requires special accommodations to participate in this public outreach, please contact Colleen Williams by Nov. 20 at 272-3363 or by e-mail at colleen.williams@dot.ny.gov

No evidence found yet that barn fire Friday night was intentionally set

By Howard B. Owens

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Investigators have yet to determine how a fire started Friday night that destroyed a barn and killed livestock at 1239 Judge Road in Alabama.

There was an initial report that somebody was seen running from the scene just before the fire broke out but Investigator Chad Minuto said no witnesses interviewed so far corroborates that story.

"We don't know where that report came from," he said.

Minuto said several interviews have been conducted and there are several more to take place to try and uncover what people know or saw. At the time, investigators from the county's Emergency Management Service are sifting through evidence to try and determine the cause and origin of the fire.

There is no evidence to emerge yet that the fire was intentionally set.

All of the horses and cows that were in the barn have been accounted for, Minuto said, but all of the rabbits, goats, and sheep, except either one goat or sheep, perished in the fire. That goat or sheep came out of the barn after the fire was out and Minuto said it's his understanding that animal may not be in good health.

Law and Order: Oakfield man accused of strangulation, assault

By Howard B. Owens
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      Michael Shetler

Michael Alan Shetler, 27, of Judge Road, Oakfield, is charged with two counts of second-degree strangulation, five counts of criminal obstruction of breathing, two counts of third-degree assault, unlawful imprisonment, 2nd, and two counts of criminal mischief, 4th. Shetler was arrested following an investigation by Deputy Kevin Forsyth and Deputy Richard Schildwaster into several complaints of domestic violence at a location on Main Street, Oakfield. Shetler was also charged with endangering the welfare of a child. He was jailed on $5,000 bail.

Nicole Leanne Williams, 25, of Kings Street, Albion, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Williams was stopped at 2:45 a.m. Sunday on Quaker Hill Road, Elba, by Deputy Howard Wilson.

Amy R. Sellhorst, 31, of Beaufort Street, Rochester, is charged with harassment, 2nd. Sellhorst is accused of hitting another person at a location on York Road, Le Roy, at 10:37 p.m. on Saturday.

Jason William Wolf, 41, of West Main Street Road, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, driving a vehicle without an interlock device, and improper left turn. Wolf was stopped at 8:23 p.m. Thursday on West Main Street Road, Batavia, by Deputy Richard Schildwaster.

Jaclyn Kathryn Blackmer, 32, of Cabot Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, open container, driving left of pavement markings, and moved from lane unsafely. Blackmer was stopped at 2:33 a.m. Saturday on Main Road, Pembroke by Deputy Mathew Clor.

Joseph M. Smith, 41, of State Street, Batavia, was arrested on a warrant. Smith posted bail and was released.

Alaysia L. Henderson, 18, of Gardiner Avenue, Rochester, was arrested on a warrant for alleged failure to appear. Henderson was released on $500 bail.

Christina R. Aaron, 21, of Rochester, is charged with unlawful possession of marijuana and speeding. Aaron was stopped by State Police at 11:51 p.m. Friday on Route 33, Bergen.

Heather M. Captain, 31, of Basom, is charged with harassment, 2nd. Captain was arrested by State Police in relation to an incident reported at 8:35 p.m. Aug. 27 in the Town of Alabama. No further details released.

Crystal D. Cardona, 27, of Bergen, is charged with unlawful possession of marijuana. Cardona was stopped by State Police at 1:55 p.m. Nov. 7 on Route 33, Bergen.

Working barn fire reported on Judge Road, Alabama, possible arson

By Billie Owens

A working barn fire, that a caller believes to be intentionally set, is reported at 1239 Judge Road in Alabama. The location is between Crosby and Alleghany roads. Flames are visible from Bloomingdale Road. Alabama Fire Department is responding. The third platoon is called to Alabama's headquarters.

UPDATE 10:13 p.m.: According to Sheriff's Deputy Richard Schildwaster, earlier this evening Alabama Fire Department was dispatched for a working barn fire; several agencies were also dispatched, including the Genesee County Sheriff's Office and the Emergency Management Office.

"There was a report that came over dispatch (of a fire suspicious in nature) but nothing to led to that conclusion," Schildwaster said, adding that "nobody was seen leaving." He said the investigators were in the "very preliminary, very early stages of investigation." He noted that "we do believe there is loss of life (livestock) in the barn." Also, although there was initially a report of minor burns to a human, no subsequent reports of that appear valid.

UPDATE Saturday, 1:04 a.m.: Photos added.

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Accident at Wright and Tesnow, injuries report

By Howard B. Owens

Both vehicles in an accident at Wright and Tesnow roads, Basom, reportedly rolled over and minor injuries are reported.

One vehicle is reported to be a van with two passengers. The passengers are said to be alert but disoriented. The occupant of the other vehicle appears to be uninjured. He will be evaluated because there was airbag deployment.

Alabama fire and two Mercy EMS ambulances dispatched.

UPDATE 8:31 a.m.: There are two Mercy rigs and an ambulance from Akron in route.

UPDATE 8:38 a.m.: One person is still in a vehicle but can be helped out without extrication. Another person is on the ground. A third patient is out and walking around. Responders are warned about debris in the roadway. Also, roadway signs were knocked down.

UPDATE 8:40 a.m.: The van is an extended van that is full of equipment. It was also pulling a trailer. It's on its side. A heavy wrecker will be required.

UPDATE 9:04 a.m.: Patient transported to ECMC.

Portion of Judge Road closed due to downed power lines

By Billie Owens

A tractor-trailer versus pole accident at a construction site on Judge Road caused power lines to be ripped down. A power company rep is on scene and lines are across construction equipment, the road and are torn from a house.

Alabama fire command is holding the assignment to remain in the fire hall. The road will be temporarily closed from Kenyon Avenue to Route 77 until the lines are removed.

No injuries are reported.

Law and Order: Alabama man accused of striking victim with hammer and choking

By Howard B. Owens
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      Paul Hoffman

Paul Robert Hoffman, 43, of South Knowlesville Road, Alabama, is charged with assault, 2nd, strangulation, 2nd, and unlawful imprisonment. Hoffman allegedly struck another person with a hammer during a fight at a location on Knowlesville Road, Alabama, at 8:30 p.m. Friday. He then reportedly choked the person to the point of unconsciousness and prevented the person from leaving. Following the incident, Hoffman allegedly called 9-1-1 requesting assistance for medical attention due to an unknown medical condition. An investigation led to the charges against Hoffman. He was jailed on $75,000 bail. The victim was treated at an area hospital for injuries sustained during the incident and released.

Frank H. McEwan, 18, of Batavia, is charged with driving while ability impaired by drugs, failure to obey a police officer, unsafe turn, unlicensed operation, drinking alcohol in a motor vehicle, depositing refuse on a public highway, obstructing governmental administration, and criminal nuisance. Cramer J. D'Andre, 18, of Batavia, is charged with unlawful possession of marijuana and open container. McEwan was stopped at 1 a.m. Oct. 21 on Keeney Road, Warsaw, by State Police for an alleged traffic violation. Troopers alleged that McEwan did not have a driver's license and was violating conditions of his parole. D'Andre was a passenger in the vehicle.

Sarah Ann Malone, 35, of Ellicott Street Road, Batavia, is charged with DWI and leaving the scene of a property damage accident. Malone is accused of driving on Verona Avenue, Batavia, at 6:04 a.m. Sunday while intoxicated. She was arrested by Arick Perkins.

Dwayne L. Sheffield, 24, of Thorpe Street, Batavia, is charged with criminal mischief, 3rd. Sheffield allegedly did more than $250 damage to property during a fight at 11:10 p.m. Tuesday. He was jailed without bail.

Randy G. Leach, 31, of Torrey Road, Stafford, is charged with aggravated unlicensed operation, 2nd, and unlicensed operation. Leach was stopped for an alleged traffic violation at 9:13 p.m. Oct. 31 on East Avenue, Batavia, by Officer Mitchell Cowen.

Jeffrey D. Anderson, 22, of Pearl Street, Batavia, is charged with endangering the welfare of a child. Anderson is accused of failing to provide adequate supervision of a child.

John J. Caez-Gonzalez, 30, of Cunningham Street, Rochester, is charged with criminal trespass. Caez-Gonzalez allegedly entered a dwelling on State Street without permission and after being advised to stay away. He was jailed on $2,500 bail.

Minnie Marie Henry, 29, no permanent address, is charged with criminal possession of a controlled substance, 7th. At 4:51 p.m., Oct. 29, police were flagged down to investigate a disturbance on State Street involving multiple individuals. During the course of the investigation, Henry was allegedly found in possession of narcotics. She was issued an appearance ticket and turned over to State Police on unrelated charges.

Jared M. Adamski, 21, of Krieger Road, Webster, is charged with criminal mischief. Adamski allegedly damaged the property of another person at a location on Bank Street, Batavia, at 6 p.m. Oct. 28. He was jailed on $1,000 bail.

Julia A. Calzaretta, of Eustis, is charged with DWI, driving with a BAC of .08 or greater, and illegal signal. Calzaretta was stopped by State Police at 7:57 p.m. Friday on West Main Street Road, Batavia.

Stephen J. Tomidy, 58, of Le Roy, is charged with unlawful possession of marijuana and inadequate plate lamp. Tomidy was stopped at 11:49 p.m. Tuesday by State Police on Route 33, Stafford.

1366 Technologies exploring overseas options for manufacturing as DOE slow to come through with promised loan guarantee

By Howard B. Owens

There continues to be one significant roadblock for 1366 Technologies to get around before breaking ground a new $700 million solar wafer manufacturing facility in Alabama -- getting the Department of Energy's final approval on a previously promised $150 million loan guarantee.

If that loan guarantee isn't finalized, 1366 Technologies, instead of creating 1,000 good-paying jobs in Genesee County, could turn to an overseas location for its manufacturing facility.

"We remain focused on the U.S. and U.S. job creation," said Laureen Sanderson, spokeswoman for 1366. "We continue to work closely with the State and GCEDC, who remain committed to the project, and we’re in active discussions with the Department of Energy. Those discussions have been positive, but we’ve yet to receive a final indication on the status of the loan."

The Boston Business Journal reported today that 1366 just secured another $9 million in funding from investors, bringing the total raised to $89 million. The article also raised the specter of 1366 locating its facility in another country.

The company identified a site in New York for that manufacturing facility, but is still working to officially secure the funding from the DOE. In the meantime, a company spokesperson said, 1366 is exploring the possibility of building its first factory abroad due to the commercial interest its technology has received internationally.

"We are exploring possibilities to build factories internationally, but that has always been part of our plan," Sanderson said, adding, "It is understood that building in the U.S. is only possible if the loan is accessible. If it’s not there, we need to pursue the other options available to us."

The factory would be about 130,000 square feet and located in the advanced manufacturing park under construction in Alabama known as STAMP. It's been a decade-long process by Steve Hyde and the GCEDC to bring STAMP to fruition and 1366 Technologies is the first, and so far, only significant tenant announced for the park.

The company selected STAMP in part because of its location to low-cost, clean energy, specifically, hydropower from Niagara Falls. 

The proprietary method 1366 Technologies uses to manufacture solar wafers was developed at MIT and leads to solar wafers that are more efficient, produced at lower costs and with less waste than the way solar wafers are manufactured currently. The company's immediate goal is to manufacture wafers domestically for export to large solar installations overseas, such as the one completed earlier this year in Japan

Hyde said GCEDC remains committed to bringing 1366 to Genesee County.

He issued this statement:

The Genesee County Economic Development Center (GCEDC), along with our U.S. Senate and Congressional delegates, continue to work with 1366 Technologies to help secure the US Department of Energy Loan Guarantee that will enable the company to build their first Direct Wafer manufacturing facility at the Western New York Science and Technology Advanced Manufacturing Park (WNY STAMP).

We believe that the Company has clarified their intentions that their strategy is a U.S. manufacturing first strategy and as such fully aligns with their previous commitments to establish their U.S. manufacturing hub at our 1,250-acre STAMP High Tech Mega-Campus here in Genesee County.

Rep. Chris Collins, through a statement issued by staff, said he is doing what he can to help secure the loan guarantee for 1366.

Congressman Collins has been actively working with partners at the Genesee County Economic Development Center to assist in opening a dialogue with 1366 Technologies and the U.S. Department of Energy. The Congressman is pleased that Secretary Rick Perry recently met with 1366 Technologies executives to discuss this project. These conversations are necessary to make sure that any significant taxpayer investment in the form of a government backed loan is made prudently.
We are hopeful that an understanding will be reached that protects taxpayers while creating economic opportunity in Genesee County. The Congressman will continue in his role in assisting this conversation and always remains committed to supporting efforts to create jobs in Genesee County.

The loan guarantee was promised to 1366 in 2011 but during the transition to the Trump Administration, there were delays related to the transition.

Sanderson said, "There was a transition with the change in administration and that was more challenging than we had expected. However, we’re now having the right discussions and those remain active."

The company is entering a highly competitive solar market that is booming (Solar Employs More People In U.S. Electricity Generation Than Oil, Coal And Gas Combined). Sanderson acknowledged the company, which currently has a small facility in Boston that employs 60 people, is keen to move forward with full production.

"We’re eager to bring the technology to mass production because we know what it can do for the industry and for consumers’ ability to access inexpensive solar power," Sanderson said. "But we’ve certainly taken advantage of the time in the run-up to scale to make additional technical gains. We’ve now surpassed the efficiency of the incumbent technology and have a cost advantage that no sawn wafer can beat. We’ll continue to make gains as the first step – but certainly not the last – in our scaling effort crystallizes."

UPDATE Friday, 10 a.m.: Statement from the office of Sen. Charles Schumer:

“Last month Senator Schumer spoke directly to U.S. Department of Energy Secretary Rick Perry and urged him to reach out to the 1366 Technologies CEO and meet with 1366. Almost immediately after the conversation, Secretary Perry reached out to the CEO and met that following week. Our office remains in very close contact with 1366 Technologies and the Department of Energy,” said Jason Kaplan, spokesman for Senator Schumer.

Man pleads guilty in case of home improvements paid for, but work not completed

By Billie Owens

A 39-year-old former Alabama resident pled guilty to one felony and one misdemeanor this afternoon in Genesee County Court in connection with complaints about construction work paid for but not completed.

Dana Ryan, who used to live on Galloway Road but now lives on Pratt Road in Batavia, was originally charged with one count of fourth degree grand larceny in the Town of Batavia, and one in the Town of Pembroke; a misdemeanor charge of misappropriation of property is pending in Town of Batavia Court.

Under the terms agreed to today, he waived the specter of a grand jury indictment and pled guilty to a single count of grand larceny, 4th, and the pending misdemeanor property misappropriation charge.

The charges against Ryan, who completed the 11th grade, were brought in July after an investigation by the Genesee County Sheriff's Office following a complaint in Batavia and another in Pembroke. The victims told Investigator J.M. Graff, who was assisted by Deputy K.M. McCarthy, that they made payments to Ryan pursuant to construction contracts for work agreed upon but not completed.

They claimed payments made to Ryan for home-improvement contracts were not allocated into a proper account and the funds were used by the defendant for purposes other than the agreed upon work.

The Batavia native with close-cropped blond hair and a thin build, wore a black hoodie advertising a tree service company and gray jeans to court. Judge Charles Zambito asked Ryan if between Sept. 18, 2016 and May 15 he stole property in excess of $1,000 and Ryan said "Yes."

He faces maximum jail time of one-and-a-third to four years and agreed to pay total restitution of just under an estimated $9,000 to two victims -- one male and one female, who are under temporary orders of protection from Ryan until Oct. 31, 2018.

Zambito told Ryan that if he does not follow the rules, or make court appearances, or is uncooperative with the Probation Department, then he will be in trouble. Ryan can't get arrested or violate any conditions he is required to abide by, otherwise the terms of sentencing under the plea agreement are null and void; although the guilty plea would remain, the judge could impose a harsher sentence.

Genesee Justice has already notified the judge of some violations, one on Oct. 17 and another one before that, plus three assessment appointments were missed at Horizon Health Services.

Public Defender Jerry Ader told Zambito that the issue with Horizon was they had the incorrect client phone number, but that has been corrected and Ryan has an appointment with them on Monday.

"If I get one more notice I will revoke your supervision (under Genesee Justice pending sentencing) and you will go to jail (now)."

Ryan said he understood.

Sentencing is set for 2:30 p.m. on Wednesday, Jan. 3.

Possible fire in wall of residence on Judge Road, Alabama

By Howard B. Owens

A possible house fire is reported at 1749 Judge Road, Alabama.

The homeowner reports a fire in the wall.

Alabama fire along with East Pembroke dispatched.

UPDATE 1:26 p.m.: All units can respond non-emergency. Alabama command believes the fire is knocked down.

Law and Order: Postal carrier calls in suspicious activity, leads to drug arrest

By Howard B. Owens

Austin Lee Wester, 23, of Pratt Road, Batavia, is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. Police responded to the area of 21 Ross St., Batavia, at 11:13 a.m. Wednesday after a postal carrier reported observing a person who "appeared to be on something and suspicious." It was also reported that Wester walked around to the back of a residence and appeared to be casing the residence. He was jailed on $20,000 bail or $10,000 bond.

Stacey Lynne Ives, 38, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and unreasonable speed. Ives is accused of driving a vehicle that struck a parked semi-trailer in the area of 2200 Angling Road, Pembroke, at 3:06 a.m. Sunday. When deputies arrived on scene, Ives was reportedly out of the vehicle and walking around. She was treated at the scene by Mercy EMS and released with no reported injuries. The accident was investigated by Deputy Ryan Young.

James M. Rossiter, 35, of Clifton Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to signal, failure to use headlights, moving from lane unsafely. Rossiter was stopped at 1:04 a.m. Sunday on North Spruce Street, Batavia, by Officer Mitchell Cowen.

Michael J. DiFalco, 29, no permanent address, is charged with petit larceny. DiFalco was arrested on a warrant for an alleged theft that occurred at 7:30 p.m. Sept. 24 at 41 S. Main St., Batavia. He was jailed on $5,000 bail or $10,000 bond.

Danielle Elizabeth Cummings, 39, of Batavia Oakfield Townline Road, Batavia, was arrested on a warrant. Cummings was taken into custody at Wayne County Jail by Batavia PD and returned to the City of Batavia for arraignment in City Court. She was jailed on $2,500 bail. No information released on the charges contained in the warrant.

Geoffrey M. Anderson Jr., 52, of Wood Street, Batavia, is charged with criminal trespass and second-degree harassment. Anderson was allegedly in a building at Batavia Middle School without authorization at 10:14 p.m. on Friday. While being escorted from the building, Anderson allegedly pulled away forcefully from a security aide and made threatening statements.

Ryan N. Bartholomew, 23, of Adams Street, Batavia, is charged with disorderly conduct. Bartholomew is accused of directing obscene language at City of Batavia residents while in a vehicle in the area of 6 Orleans Ave., Batavia, at 3:44 a.m. Wednesday. 

Michael Charles Friedman, 60, of Quarry Hill Estates, Akron, is charged with DWI, driving with a BAC of .18 or higher, and possession of an open container in a vehicle. Friedman was stopped at 1:45 a.m., today, on Macomber Road, Alabama, by Deputy Mathew Clor.

Daniel Edward King, 41, of Alleghany Road, Pembroke, is charged with criminal trespass, 3rd, disorderly conduct, and unlawful possession of marijuana. King allegedly returned to Batavia Downs at 5:37 p.m. Saturday after being told to leave, and using obscene language causing public alarm. He was jailed on $1,000 bail or $20,000 bond.

Cindy M. Auberger, 54, of Keitel Road, Albion, is charged with felony DWI, drinking alcohol in a vehicle on a public highway, refusal to take a breath test, and unlawful of possession of marijuana. Auberger was allegedly found in a vehicle parked roadside at 12:37 a.m. Sunday on Clinton Street Road, Batavia, by Deputy Jenna Ferrando.

John A. Petronio, 35, of Long Bridge Road, Albion, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. Petronio was allegedly found in possession of an electronic stun gun at 1:57 a.m. Friday at a location on Lake Street Road, Le Roy.

Matthew Scott Williams, 29, of Hundredmark Road, Elba, is charged with petit larceny and auto stripping. Williams is accused of stealing catalytic converters from vehicles at a residence on Hundredmark Road, Elba. He is also charged with grand larceny, 4th, and falsifying business records, 1st. He is accused of selling a vehicle for scrap when he was not the owner of the vehicle had no night to sell the vehicle. He allegedly produced documents purporting to show he was the owner of the vehicle. The alleged theft was reported Sept. 28 on Clinton Street Road, Bergen.

Minnie M. Henry, 29, of Batavia, is charged with petit larceny. Henry was arrested by State Police for an alleged theft reported at 3:33 p.m. Aug. 22 at a location in the Town of Batavia. No further details released.

Working mom from Batavia will move into restored Habitat for Humanity Home in Basom

By Howard B. Owens

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Jenn Boyki will move into her new home on Bloomingdale Road in Basom with a new sense of opportunity and freedom thanks to Habitat for Humanity.

Volunteers started working on the house, built in 1900, before a potential Habitat owner had been identified, so by the time Boyki applied and was approved, there wasn't much time for her to complete the required 300 hours of "sweat equity" to qualify for the purchase of the property.

But she got it done, all while raising two young children and working as a supervisor at Tim Horton's in Batavia.

"This speaks to her dedication and determination to provide a safe and stable home for her family," said Lauren Casey, CEO of Habitat in Genesee County.

The work was worth it, Boyki said.

"I loved it," she said. "I absolutely loved it. It gives you more enjoyment of being a homeowner versus just moving into a house."

With a piece of property out of the city she thinks she and her kids will have more freedom for themselves.

'It's an opportunity," she said. "The kids love animals, so we will be able to own some animals. I don't have to worry about a landlord and if something breaks, them fixing it on their own time."

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Mary Case presented Boyki with a quilt she made to add comfort to the new home during the dedication ceremony.

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Marie Scofield presented a symbolic loaf of bread.

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Town of Alabama Court Clerk receives Clerk of the Year award

By Howard B. Owens

Press release:

The New York State Association of Magistrates Court Clerks Inc. honors one of its members each year for his or her service and contributions not only to the State Association but to his or her County Association, community and colleagues by exhibiting leadership and assistance in all duties of our profession. 

The 2017 Court Clerk of the Year award was presented during the Awards Banquet of our Annual Conference held in Ellicottville on Sept. 24. It was a privilege to present this prestigious award to a local resident, Pamela Thurber

Pam has been a court clerk for seven years.  She has previously served as a court clerk in the Village of Corfu and the Town of Darien.  She currently holds the Court Clerk positions in the Village of Attica and Town of Alabama. 

Attending the award presentation were Pam’s family, significant other -- Michael Lute, sons -- Peyton and Colton, mother – Deb, sister - Terra, father --  Ron and stepmom Barb. Also in attendance were the Honorable John Tauscher, Town of Alabama, and the Honorable Julie Perry, Town and Village of Attica.

Judge Perry sent a heartwarming letter of recommendation stating why Pam was worthy of this great award. Judge Perry stated how efficient Pam was in her job, but what struck the award committee greatly, was that Judge Perry stated: “Every so often we meet people in our lives that leave an impact that cannot be described.” She hopes Pam will sit by her side on the bench for the remainder of her career.

Pam has a long list of involvements in our association as well as her community.  She serves as a county representative for Genesee County. She serves as a mentor for court clerks in her county, giving them a one on one training. Pam is an active member of the Genesee and Wyoming County Magistrate and Court Clerk Associations, and currently participating on a committee for centralized arraignments.

Pam is one of the “new kids” on the association’s board of directors. Last fall, she jumped in with both feet as soon as she was elected to the position of Director. She immediately volunteered to co-chair the publicity/media committee and was the lead in our website relaunch. Our NYSAMCC Web designer Ray sent me an email stating “I have to share with you that Pam has been a sport and a tremendous help. She has organized everything very well and made it as simple as can be for me to create this website from the start.”

Most recently, Pam has taken over the position of Editor in Chief for our association’s bi-annual magazine, "The Docket." Her first edition was recently released and was nothing short of spectacular! 

Nominations for Pam came from more than one clerk in her area, they all commented that Pam is smart, hardworking, detail oriented and very organized.  She is patient, understanding and kind and will step up to help anyone who asks. She is always willing to get involved to help her fellow clerks and will bend over backward to help educate the clerks in her county, district and all clerks of New York State. 

Pam’s journey as a court clerk has not always been the smoothest. She accepted a position in 2011 to replace a court clerk who was charged and convicted of stealing money from the court. She spent years cleaning up the mess that was left behind when the dust settled. Pam learned so much from that experience that last summer she co-authored a presentation for clerks called “Surviving an Audit.” She has been able to teach her fellow clerks real-life examples of what to expect during an audit, how clerks can be prepared for an audit, and best recordkeeping practices. 

“Pam is truly an example of what a court clerk should be. I am thankful to have her as a colleague and to have her serve on my team!” said Gillian Koerner, Town and Village of Arcade court clerk and president of the New York State Association of Magistrates Court Clerks Inc.

Law and Order: Fourth suspect in Central Avenue home invasion in 2016 in custody

By Howard B. Owens
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       Adante Davis

Adante L. Davis, 27, of South Main Street, Batavia, is charged with assault, 2nd, and burglary, 1st. Davis was arrested on a warrant for assault and robbery stemming from a home invasion at a location on Central Avenue on Oct. 28, 2016, in which he is a suspect. Davis was one of four suspects and has been at large since the incident. Three participants have pled guilty and been sentenced -- Daniel J. Gilbert, Marquis K. Saddler, and Oliver Thomas. Davis was ordered held without bail.

Darrell J. Holloway, 49, of Farnsworth AVenue, Oakfield, is charged with unlawful possession of marijuana. Holloway was stopped for an alleged traffic infraction at 8:02 p.m. Thursday on Evans Street, Batavia.

Daniel Joseph Difrancesco, 36, of Edgewood Drive, Batavia, is charged with criminal mischief, 3rd. Difrancesco was allegedly involved in a dispute at his residence. He was jailed without bail.

Alex Scott Dumbleton, 24, of Ellicott Street, Batavia, is charged with illegal disposal of items. Dumbleton allegedly threw a bag of garbage onto the property of another person without permission.

Michele L. DiFalco, 28, of South Main Street, Batavia, is charged with petit larceny. DeFalco allegedly stole property from an associate Sept. 25. He was jailed on bail.

Katty L. Jackson, 21, of Dewey Avenue, Batavia, is charged with harassment, 2nd. Jackson allegedly struck another person in an incident reported at 6:29 p.m. Thursday at a location on Maple Street, Batavia.

A 17-year-old resident of Batavia is charged with criminal possession of a controlled substance, 7th, obstruction of governmental administration, failure to yield right of way to emergency vehicle, and no lights on a bicycle. Police attempted a traffic stop on the young bicyclist at 8:36 p.m. Thursday on Ellicott Street and the youth attempted to flee from police and led police on a chase. The youth was jailed following his arrest.

Casey Arthur Trommetter, 29, of Angling Road, Pembroke, is charged with DWI, moving from lane unsafely, and unregistered motor vehicle. Trommetter was arrested following an investigation by Deputy Ryan Young into a two-vehicle accident reported at 12:09 a.m. today on Genesee Street, Pembroke. When deputies arrived on scene they found an unoccupied vehicle in the westbound lane. Trommetter was in a second vehicle in a ditch off the side of the road. She was treated and released at the scene for minor injuries and charged with DWI. 

Michael Alan Shelter, 27, of Lewiston Road, Alabama, is charged with harassment, 2nd, and unlawful possession of marijuana. Shelter was arrested following an investigation into a disturbance reported at 8:45 p.m. Friday on Lewiston Road, Alabama.

Anthony James Constable, 31, of Oak Orchard Road, Elba, is charged with DWI. Constable was allegedly involved in a domestic incident at 11:08 p.m. Saturday in Elba. Following the incident, he allegedly drove to 7993 Call Parkway, Batavia, the location of Ashley Furniture, where he was located by Sgt. Thomas Sanfratello and arrested for alleged DWI. Additional charges are pending.

Mark Harley Bennett, 31, of Chamberlain Street, Albion, is charged with criminal possession of a controlled substance, 7th. Bennett was arrested after deputies responded to a report at 8:57 p.m. Saturday of two men in a vehicle in a parking lot at 8363 Lewiston Road shooting up heroin. Upon investigation, Bennett was allegedly found in possession of a controlled substance.

Adrienne F. Yocina, 36, of Alleghany Road, Pembroke, is charged with criminal possession of a weapon, 3rd, and criminal possession of a controlled substance. Yocina was charged following a home probation check. She was allegedly in possession of high capacity ammunition magazines and a controlled substance.

Benjamin Jacob Skubis, 23, of Colby Road, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Skubis was charged following an investigation by Deputy Mathew Clor into a motor-vehicle accident reported at 2:25 p.m. Saturday on Bloomington Road, Basom.

Nicolas James Scripp, 27, of Fullington Road, Attica, is charged with public lewdness. Scripp allegedly urinated near the entrance of a business on Park Road at 2:22 a.m. Saturday.

Pamela A. Battaglia, 59, of Limerick Road, Piffard, is charged with trespass. Battaglia is accused of refusing to leave a property on Junction Road, Pavilion, after being told to leave several times.

John Paul Henning Sr., 55, of Overlook Drive, Batavia, is charged with acting in a manner that could injure a child and assault, 3rd. Henning is accused of attempting to punish a child by striking him on the foot with a plastic object, which caused the child to bleed.

Trisha Rose Santora, 35, of Georgian Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, controlled substance not in original container, aggravated unlicensed operation, license plate violation, and inadequate plate lamps. Santora was arrested on a warrant. She was jailed on $5,000 bail, $10,000 bond.

Robert E. Magoffin, 45, of Darien Center, is charged with endangering the welfare of a child. Magoffin was arrested by State Police in connection with an alleged incident reported 5:52 p.m. Friday in Darien. No further details released.

Nichole M. Ambrosoli, 50, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Ambrosoli was stopped at 2:45 a.m. Saturday on R. Stephen Hawley Drive, Batavia, by State Police.

FERC finally OKs GC plan needed to fund new water line at STAMP, thanks to push from Senator Schumer

By Billie Owens

Press release:

U.S. Senate Minority Leader Charles E. Schumer today announced, after his push, that the Federal Energy Regulatory Commission (FERC) has approved the Empire Pipeline Inc.’s revised and extended PILOT agreement with Genesee County in order to keep an important water infrastructure project on track.

Schumer said that with the agreement now approved and renewed, funds can be cleared for new water infrastructure at Genesee County’s Science Technology and Advanced Manufacturing Park (STAMP), bringing good-paying jobs to the Western New York region and investing in New York State’s critical infrastructure.

“This is great news for Genesee County, with the PILOT agreement renewed and approved upgrades to water infrastructure at STAMP can begin and stay on schedule and put new jobs in the pipeline,” Senator Schumer said.

I am pleased FERC heeded my calls to act quickly and approve this petition to ensure that the timely construction of new water infrastructure is not held up by bureaucratic red-tape.This newly approved agreement is a win-win for job creation and the hard-working people of Genesee County, allowing the Genesee County Economic Development Center to proceed with vital upgrades to the STAMP business park.”

Schumer explained that the original PILOT agreement between Genesee County Economic Development Center (GCEDC) and Empire Pipeline was approved by FERC and implemented in 2007 as part of Empire Pipeline’s investment to construct a new gas compression station in the Town of Oakfield in Genesee County. The agreement was up for renewal and Schumer called for FERC to review and approve the application, the agreement will hold through 2032.

This request does not include any new construction, but is solely an amendment and extension of the original PILOT agreement. Funding provided to Genesee County by Empire Pipeline under this PILOT agreement is required by Genesee County Economic Development Corporation (GCEDC) to finance Phase 2 construction of new water lines to serve STAMP and with FERCs final sign off construction will no longer be delayed.

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