Bergen

I'm in Byron/Bergen on a beautiful summer day? Of course I'm going to try and make a few pictures.

Above a barn off Route 237.

High power lines a little further up Route 237.

Old truck, Swamp Road.

Train crossing Ivison Road, Stafford.

A few minutes ago, a white car was reportedly driving eastbound near the Bergen exit on Route 490 in the westbound lane. Monroe County was notified. State troopers are alerted.

A large white stake truck has reportedly hit a vehicle in the area of Route 33 and West Bergen Road, Bergen, and left the scene.

The vehicle was reportedly headed toward Le Roy.

No injuries are reported. The vehicle that was struck is waiting roadside for law enforcement to respond.

Daniel Clarence Merrell, 45, of Rose Road, Batavia, is charged with grand larceny, 3rd. Merrell is accused of stealing scrap metal form his employer in June. Merrell was jailed on $10,000 bail.

Daniel W. Brown, 26, of Oneida, is charged with DWI, driving with a BAC of .13 and speeding. Brown was stopped by State Police on Monday, on Route 77 in Darien as part of an enforcement detail in the area. During the detail, troopers issued 16 tickets to motorists for various alleged violations.

Danielle M. Stevens, 35, of Elba, is charged with possession of a forged instrument. Stevens was arrested by State Police on Friday for an alleged incident reported July 10. No further details were released.

Brittany B. Simmons, 19, of Rochester, is charged with unlawful possession of marijuana. Simmons was cited in Bergen on Friday by State Police.

Ashley R. Keene, 24, of 244 Liberty St., Batavia, is charged with endangering the welfare of a child. Keene is accused of providing bath salts to a juvenile to snort.

Chad E. Merle, 31, of 3225 Broadway Road, Alexander, is charged criminal contempt, 1st. Merle is accused of sending multiple text messages to a person protected from contact by a court order.

Jamie E. Andrews, 19, of 15 School St., Batavia, is charged with harassment,1st. Andrews is accused of continually following around her ex-boyfriend and driving by his house repeatedly for no legitimate purpose. Andrews was previously arrested by Batavia PD for allegedly harassing her ex-boyfriend.

Valerie Marie Covill, 23, of Oaklawn Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and unlawful possession of marijuana. Covill was charged following a one-vehicle accident at 12:014 a.m., June 28, at 3064 Galloway Road, Batavia. The accident was investigated by Deputy James Diehl and Deputy Matthew Fleming.

Peter James Przybyl, 19, of Peachy Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater and unreasonable speed on a curve. Przybyl was arrested following a motor-vehicle accident at 3:10 a.m., Saturday, on Route 19, Bergen. The accident was investigated by Deputy Frank Bordonaro.

Kelly Elizabeth Howard, 19, of Judge Road, Oakfield, is charged with two counts of petit larceny. Howard was allegedly observed by loss prevention at Target shoplifting June 8 and July 16. Howard allegedly stole merchandise worth $64.60.

Quentin Israel Humphrey, 20, of East Bethany Road, Le Roy, is charged with unlawful dealing with a child. Humphrey is accused of hosting an underage drinking party.

Justin Baehr, 21, of Linwood Road, Le Roy, is charged with DWI and unlawful possession of marijuana. Baehr was observed early Sunday morning allegedly driving erratically, swerving in and out of his lane on West Main Street, Village of Le Roy, and operating with a loud exhaust. During the traffic stop, officers allegedly found marijuana, marijuana paraphernalia and other apparent drug paraphernalia. Additional drug charges possible pending the outcome of lab tests.

Michael Perdue, 49, of West Broad Street, Rochester, and Jeffrey L. Hayes, 47, of Meadow Circle, Avon, are charged with criminal possession of a controlled substance, 7th, and aggravated unlicensed operation, 2nd. Perdue was allegedly operating a vehicle at 4:46 p.m., Sunday, on Route 237 in Byron. Perdue was stopped for allegedly speeding. An ID check revealed Perdue allegedly has 13 prior suspensions on his driving record. Hayes was allegedly found in possession of a crack pipe with residue. Perdue was stopped by Deputy Brad Mazur, who was assisted at the scene by Deputy Chad Minuto.

Matthew James Pietrzykowski, 19, of Bethany Center Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Pietrzykowski was taken into custody following a report of a vehicle in a dith at 1:15 a.m., Sunday, in the area of 3630 Broadway, Alexander. The accident was investigated by Deputy Kevin McCarthy.

Nicholas A. Antonucci, 25, of 4192 Broadway Road, Alexander, is charged with burglary, 2nd, grand larceny, 3rd, and grand larceny, 4th. Antonucci is accused of stealing a shotgun from a residence in the Town of Gainesville and of stealing a dirt bike from a residence in the Town of Covington. The shotgun was reportedly recovered in Batavia. Antonucci was already in the Wyoming County Jail on $100,000 bail charged with other burglaries and thefts. On each of the new charges, $50,000 was added to Antonucci's bail.

Jordan Kyle Prentice, 21, of Batavia Oakfield Townline Road, Batavia, is charged with DWAI, unlawful possession of marijuana, failure to keep right and driving left of pavement marking. Prentice was stopped at 12:42 p.m., June 22, on Judge Road, Alabama, by Sgt. Tom Sanfratello for allegedly driving down the middle of the road. Prentice is accused of driving under the influence of marijuana.

Bradley Micheal Crandall, 44, of Lake Street, Le Roy. Crandall is accused of stealing cans of beer from Tops in Le Roy. He was apprehended after a short foot chase by a store employee.

John Arthur Smith, 45, West Bergen Road, Le Roy, is charged with resisting arrest, obstructing governmental administration, 2nd, and harassment, 2nd. Smith is accused of interfering with an investigation into a domestic incident. He allegedly pushed a deputy's arm away several times as the deputy attempted to place him into custody.

Sarah P. Nichols, 29, of 112 Ellsworth Ave., Batavia, is charged with petit larceny. Nichols is accused of stealing $50 from the cash drawer at her place of employment on West Main Street.

Lucas George Yauchzee, 22, of West Bergen Road, Bergen, is charged with harassment, 2nd. Yauchzee is accused of grabbing another person by the arms and pushing that person backwards during an argument.

Christine M. Krug-Leach, 45, of 703 W. Ferry St., Buffalo, is charged with DWI, DWAI and refusal to submit to breath test. Krug-Leach was stopped at 11:11 p.m. on West Main Street, Le Roy, by Le Roy PD following a report of an erratic driver.

Matthew R. Mancini, 26, of Bedford, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Mancini was stopped at 11 p.m., Tuesday, in the Village of Alexander by State Police.

Scott Sullivan, 32, of Darien, is charged with a traffic device violation (sign). Sullivan was issued an appearance ticket by State Police on Wednesday morning.

Matthew S. Ryan, 29, of Chittenango, is charged with unlawful possession of marijuana. Ryan was detained by State Police in Darien at 7 p.m., Tuesday.

A natural gas leak has been reported at the meter of 15 Church St., Bergen, the location of Bonduelle Foods.

RG&E called in the leak.

Bergen Fire Department is being dispatched.

A two-car accident with injuries is reported at Route 33 and West Bergen Road. Bergen Fire Department and Mercy EMS are responding.

UPDATE 7:11 p.m.: There are three vehicles involved. There was airbag deployment, but injuries appear to be minor. The westbound lane is blocked.

UPDATE 7:14 p.m.: They want traffic stopped at 33 and West Bergen Road "so nobody goes north."

UPDATE 7:39 p.m.: Bergen is back in service, with the exception of one unit. The roadway is being reopened.

A shed fire is reported at 7410 Ivison Road in Byron. It is connected (or close) to a barn. Byron, South Byron and Bergen fire departments are responding.

UPDATE 7:01 p.m.: Elba is called to stand in at the Byron Fire Hall.

UPDATE 7:04 p.m.: Firefighters on scene report smoke is showing. The location is between Gillett and Freeman roads.

UPDATE 7:08 p.m.: The response from Elba and Bergen is cancelled.

UPDATE 7:14 p.m.: This was actually a tractor on fire, which was parked in the shed. The fire is out and the tractor has been removed from the shed. The inside of the shed has been hosed down.

UPDATE 7:21 p.m.: Byron is back in service. South Byron is remaining until the scene is picked up/cleaned up.

A bear spotted in a wooded area near the juncture of Buffalo Road and Rochester Street in Bergen is said to be creating a traffic hazard. People are stopping, slowing down and otherwise rubbernecking to get a look at the bear. A sheriff deputy is responding.

UPDATE 3:59 p.m.: The deputy just reported that the bear was "gone upon arrival" and that there are no traffic issues.

A possible grass fire in two spots is reported in the woods off westbound Route 490 in the area of mile marker 0.9. Bergen and Le Roy fire departments are called to investigate.

UPDATE 12:23 p.m.: Firefighters found five or six large controlled burns. The farmer had notified the Emergency Dispatch Center beforehand about the planned burns. However, authorities decided because of their location, they should be looked at for safety reasons. The responders are back in service. And the property owner, who is actually on Lake Street Road, is "highly agitated" with the situation.

The annual Bergen community picnic was held Saturday in the town park. The event featured live music, games, food and what you would expect to find at a picnic -- pick-up football and basketball games. After sunset, there was a fireworks show.

If you're unable to view the slide show, click here. To purchase prints, click here.

A small brush fire is reported off the eastbound lanes of Route 490. Bergen Fire Department is on scene but since it's determined to be in Churchville's district, that fire department is handling it.

A two-car accident is reported at the intersection of routes 19 and 33. One person is believed to be injured and the accident is not blocking. Bergen Fire Department and Mercy EMS are responding.

UPDATE 4:11 p.m.: A responder on scene reports there are two people injured. One is complaining of head pain and the other has general pain. A second ambulance is dispatched.

UPDATE 4:34 p.m.: One patient is being transported to Strong Memorial Hospital.

UPDATE 4:39 p.m.: The second patient is being taken to UMMC.

UPDATE 4:45 p.m.: Bergen fire is back in service.

A Bergen resident who inflated payroll claims and was convicted by a jury of grand larceny will have to repay at least $3,000, Judge Robert C. Noonan ruled today. But whether she will be required to pay back the remainder of the more than $14,000 her former employer claims she stole is still an open question.

Michele Ann Case, 46, of North Bergen Road, Bergen, may have to pay an additional $7,000, but that question also is yet to be answered.

Case's potential total restitution is complicated by two factors.

First, on the grand larceny charge, the statute only requires the jury to determine the defendant stole at least $3,000, so without reviewing the evidence Noonan cannot order a restitution amount greater than $3,000.

Second, Homecare and Hospice is asking for restitution on the $7,000 it spent in uncovering Case's inflated payroll claims. Noonan isn't sure he has the authority to order restitution for such a claim.

Meanwhile, Public Defender Gary Horton made it clear, Case currently has no resources to repay any amount of money, even the $1,000 deductible on the insurance policy that covered Homecare and Hospice's losses.

When asked by Noonan how much Case could pay in monthly installments, Horton said Case is currently unemployed. Her only income is $600 in child support payments. Her house in foreclosure, the gas and phone have been turned off. The electricity was off, but has been restored.

"Her situation is financially desperate and on the edge of disaster," Horton said. "I can't in good conscience, with her only income coming from child support payments, suggest any amount for installment payments."

District Attorney Lawrence Friedman told Noonan there had been no evidence submitted to substantiate Case's financial condition and he wondered what sort of effort Case has put forward to find a job -- any job -- to help make payments.

Noonan agreed that it was difficult to require Case to make payments from her child support, but also suggested Case needs to find a job. He ordered Case back to court in 30 days to review her ability to make payments.

Meanwhile, Noonan will await the preparation of trial transcripts (necessary for Case's appeal as well) so he can determine if the prosecution submitted sufficient evidence to support a restitution claim of $14,600. 

He also asked Horton to prepare a memo, supported by case law, on why Homecare and Hospice isn't entitled an additional $7,000.

If Noonan determines he can order the additional restitution, there would be a restitution hearing and Horton indicated that Case -- who didn't testify at her criminal trial -- would testify at that hearing on her own behalf.

When Noonan sentenced Case on May 22, he kept her out of prison, he said, for the sake of her two children, age 10 and 15. Case was sentenced to four months of weekends in jail followed by five years probation.

There were several Memorial Day observances throughout Genesee County today.  Here are photos from the Genesee County Park, Williams Park, the VA Center, the Bergen parade, the Batavia parade and the St. Jerome's ceremony.

If you're unable to view the slide show below, click here.

To purchase prints of these photos, click here.

Michele Ann Case, the registered nurse who was convicted by a jury in March of third-degree grand larceny, maintains she never stood a chance at real justice.

This was the overarching message written in a single-spaced, one-page letter the Bergen resident (or former Bergen resident) read before being sentenced this afternoon in Genesee County Court to four months of intermittent jail time and five years probation.

The matter of restitution was held over until next Wednesday morning.

Case was found guilty of submitting inflated mileage claims and fraudulent "call-in" claims whereby $14,650 was diverted from her employer, a hospice care agency. The claims were submitted from January 2009 through January 2011.

Before imposing sentence, Judge Robert C. Noonan noted that the court received a total of 11 letters in support of Case and a slew of emails, too. He said there were also a number of emails showing communications between the emailers and Case.

"Maybe she's convinced herself that she's not guilty, and she's apparently convinced others she's not guilty, but a unanimous jury of 12 found her guilty and she continues to refuse to take responsibility for what she's done," District Attorney Lawrence Friedman told the court.

Public Defender Gary Horton told Noonan he studied the evidence thoroughly and deemed the particulars difficult to understand and likewise the basis on which the claims were made. Horton said his client is "merciful" and has a "history of dedication" and disagreed with portions of the pre-sentencing report.

"I see nothing in Michele Case that indicates she doesn't understand right from wrong -- her sense of right and wrong is highly developed," Horton said, adding that it's not true she that has no conscience, she has a highly developed conscience.

"I do not believe Michele Case had an intention to defraud," Horton said, "...I do not see her as a criminal."

With the exception of a DWI conviction, she has a clean record, Horton said, and in this matter, she misunderstood what she was entitled to claim and the requirements of logging mileage.

When it came time for her to say something on her own behalf, she held forth, detailing all the ways in which she had been wronged.

Wearing brown polyester slacks and a short-sleeved floral knit top, the stout nurse took no prisoners.

In her opinion everyone from Noonan himself, whom she claims ruled inappropriately on a motion and "denied" her defense, and Mr. Friedman "who had it in for me," to the blackballing work supervisor and the "clouded judgment" of Det. Charles F. Dudek of the Batavia Police Department -- each played a role in denying her true justice. Furthermore, the matter was filed purposely in Genesee County because the likelihood she would be convicted here was greater, thanks in no small part to "assumptions" by Dudek and Friedman.

Her letter detailed what "didn't come out at trial": how she stepped up to the challenge of working 70 hours a week when staff was short and the turnover rate was high; how her children's absent father made false statements about her on the record; how she was in an auto accident and yet she was not compensated for the eight days she was absent, moreover, how she was subsequently forced to work for 20 hours despite her injuries; "how hospice really works" and how the organization inflated its findings against her.

As for the record keeping "a real forensic audit was warranted because a computer does not lie."

But in the end "the court only cares about convictions," she said, adding that her's ought to be overturned and a mistrial declared. She indicated she hopes to raise the funds to appeal.

This was a case for the State Labor Board and it should have been left to the State Labor Board, according to Case.

Still, she can take comfort in the many cards and letters from patients and supporters who she said "are dear to my heart."

"I was wrongfully accused of a crime I didn't commit," she told the court, and in the wake she can't find a job, is losing her house, suffers from post-traumatic stress syndrome and her two children, ages 10 and 15, are devastated. "I cannot move on with my life."

When she finally finished, Noonan said he would first specify what this case is not about.

"It's not about your nursing skills, or your strong work ethic, as evidenced by the letters and emails," Noonan said. "You should sit back and ask yourself how of all the people responsible for your conviction, there's only one person who has not had a hand in it and that's Michele Case.

"The evidence clearly, clearly indicates you were enhancing your income by the documents submitted. You pumped up the documentation. Perhaps you needed more income. You should reflect on that."

And so the judge decided "some incarceration is appropriate" but "because of the children," it should be intermittent in 48-hour intervals, beginning this Friday at 6 p.m. Case was also told of four orders of protection against her and told that during her probation she cannot hold a job or otherwise be in a position to exercise fiduciary responsibility.