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Law and Order: Le Roy man accused of stealing co-pays at doctor's office

By Howard B. Owens

James Mitchell, 35, of Le Roy, is charged with petit larceny. Mitchell was arrested following a months-long investigation by the Livingston County Sheriff's Office into reports of stolen co-payments at a doctor's office where Mitchell worked in Avon. The investigation took time, according to LCSO, because of lengthy billing cycles and victims coming forward. Mitchell was allegedly stealing co-pays as patients checked out at their physician's office. The investigation was conducted by Deputy Dan Rittenhouse, Deputy Ross Gerace, Deputy Steph Schroeder and Deputy Mike Yencer.

Kelly M. Zwolinski, 34, of Broadway Road, Darien, is charged with criminal possession of stolen property, 4th, and resisting arrest. Zwolinski was identified as a suspect in possession of a stolen horse saddle that was taken from a farm in Niagara County and an arrest warrant was issued. When Deputy Kevin McCarthy and Investigator William Ferrando attempted to place Zwolinski under arrest, she allegedly resisted arrest.

Darlene Ann Kingdollar, 51, of South Pearl Street, Oakfield, is charged with petit larceny. Kingdollar is accused of entering the 7-Eleven store in Oakfield while intoxicated and after she was denied the purchase of alcohol, she allegedly left the store with a can of beer without paying for it.

Bruce J. Brade, 33, of Galloway Road, Batavia, is charged with stalking, 4th, and criminal contempt, 2nd. Brade allegedly violated an order of protection.

Mark J. Price, 37, Township Road, Ashland, Ohio, was arrested on a warrant for alleged failure to appear for an alleged traffic violation in Batavia City Court. Price was aprehended during a traffic stop in the Village of Attica. Price was issued an appearance ticket.

Jeffrey A. Pionessa, 32, of Glenwood Drive, Attica, is charged with DWI, driving with a BAC of .08 or greater and speeding in zone. Pionessa was stopped at 2:30 a.m. Sunday on Law Street, Batavia, by Officer Arick Perkins. Pionessa allegedly had a BAC of .11.

A 17-year-old resident of Trumbull Parkway, Batavia is charged with criminal mischief, 4th, and harassment, 2nd. The youth is accused of damaging the mobile phone charger of another person by throwing it against a wall and grabbing the arm of the alleged victim and pushing the person's face.

John K. Rolls, 34, of Mill Street, Batavia, is charged with two counts of forcible touching. Rolls is accused of forcibly touching a 17-year-old girl on Jan. 7. Rolls is incarcerated in the Genesee county Jail on an unrelated matter and was issued an appearance ticket.

Brad Strzelecki, 19, of Hunter Street, Bergen, is charged with unlawful possession of marijuana. Strzelecki was reported at a location on Bank Street at 10:01 a.m. Jan. 13 when he was allegedly found in possession of marijuana by Officer Eric Foels.

Rodeny Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with petit larceny. McKenzie was located by Transit Police in Buffalo during a check-the-welfare interview and identified as a warrant suspect for allegedly stealing items from Kmart on Dec. 12.

Bryant William Hardtner, 28, of State Street Road, Batavia, is charged with unauthorized use of a motor vehicle. Hardtner is accused of taking a vehicle Sunday without the owner's consent.

Kimberly Diane Ribbeck, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving a vehicle with obstructed vision and no or inadequate plate light. Ribbeck was stopped at 2:33 a.m. Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

Michael Gerald Pernicano, 21, of Lake Road, Holley, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and no plate light. Pernicano was stopped at 2:29 a.m. Saturday on North Byron Road, Byron, by Deputy Joseph Corona.

Lena Marie Evans, 26, of Ross Street, Batavia, is charged with petit larceny, two counts of criminal possession of a controlled substance and possession of a hypodermic instrument. Evans was arrested for allegedly shoplifting at Kmart by Deputy Andrew Hale.

Carey Anthony Bedell III, 18, of Lehigh Avenue, Rochester, is charged with unlawful possession of marijuana. Bedell was arrested on Clinton Street Road, Byron, at 9:43 p.m. Friday.

Matthew R. Smith, 21, of Basom, is charged with forcible touching. Smith was arrested by State Police for an alleged incident reported at noon Thursday.

Mark A. Allison, 52, of Lockport, is charged with felony DWI and felony driving with a BAC of .08 or greater. Allison was arrested by State Police following the report at 9:29 p.m. Thursday of a two-car accident at 372 Bloomingdale Road, Basom. One person was injured. The driver of the other vehicle was Alexander Shirira, 56, of Buffalo. No other details released.

Law and Order: Oakfield man accused of DWI after property damage accident

By Howard B. Owens

Evan Ryan Kotarski, 22, of Oak Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, driving under the combined influence of drugs and alcohol, unlawful possession of marijuana, leaving the scene of a property damage accident, speed not reasonable and prudent and failure to keep right. Kotarski is allegedly the driver of a vehicle involved in a one-car accident at 11:45 p.m. Sunday on South Pearl Street Road, Oakfield. Kotarski's car reportedly spun out and struck a fire hydrant and a utility pole. Kotarski allegedly fled from the scene, but was located a short distance away.

Tyler Pasquale Schroder, 21, of Lewiston Road, Oakfield, was arrested on a bench warrant for alleged failure to pay the fine on a petit larceny charge. Schroeder was arrested following his release from the Wyoming County Jail on an unrelated matter and taken to Elba Town Court for his alleged failure to pay the fine on a petit larceny charge. He was jailed on $600 bail.

Oscar Enrique Martinez, 31, of Federal Drive, Batavia, was arrested as an alleged fugitive from justice. Martinez was being held at the Buffalo Federal Detention Facility in Batavia and was awaiting deportation. Martinez reportedly has 15 aliases and was being held under the name of Andres Luna-Nogroto. He was identified as by Manatee County, Fla., officials as a subject wanted for alleged sexual battery. Martinez was arraigned in Town of Batavia Court and ordered held without bail pending an extradition hearing.

Carlos Enrique Reyes, 39, of 1259 Lyell Ave., Rochester, was arrested on a warrant for alleged criminal contempt. Reyes was arrested upon his release from the Monroe County Jail, where he was held on an unrelated matter, for alleged failure to appear in Bergen Town Court. Reyes was arraigned and released on condition that he submit to a DNA test and return to court on Jan. 15.

Robert L. Kaufman, 52, of Akron Road, Akron, is charged with trespass and stalking in the 4th degree. Kaufman was arrested following a complaint of harassment reported at 12:40 p.m. Jan. 5 at an undisclosed location in the City of Batavia. Kaufman was jailed on $2,500 bail. No further details released by Batavia PD.

Juan A. Roman, 36, of Portland Avenue, Rochester, is charged with harassment, 2nd, three counts of endangering the welfare of a child and criminal contempt, 1st. Roman was allegedly involved in a domestic dispute at 11:30 a.m. Saturday at a location on Ellicott Street. Roman was arraigned and ordered held without bail. No other details released by Batavia PD.

Car vs. pole accident reported on Clinton Street Road, Bergen

By Howard B. Owens

A car has struck a pole on Clinton Street Road in Bergen.

Injuries are reported.

Bergen fire and ambulance responding.

UPDATE 9:46 a.m.: The car is cold. This accident apparently happened some time ago and nobody is around. Bergen fire back in service.

Law and Order: Man accused of not putting children in child restraint system prior to accident

By Howard B. Owens

Samuel R. Smith, 27, of Townline Road, Bergen, is charged with endangering the welfare of a child. Smith was allegedly involved in a motor vehicle accident at 9:22 a.m., Sunday, and his children, ages 7 months and 3, were not secured in any sort of child restraint in the back seat at the time of the collision. The arrest report did not indict whether the children were injured or not.

Amanda Ann Mull, 29, of Mill Street, Akron, was arrested on bench warrants related to charges for aggravated unlicensed operation and following too closely. Mull is accused of failure to appear on the charges. She was arrested following her release from the Erie County Jail where she was held on unrelated charges. She was arraigned in Town of Batavia court jailed on $300 cash bail or $500 bond.

Working house fire on Gully Road, Le Roy

By Billie Owens

A working house fire is reported at 8261 Gully Road in Le Roy. Le Roy Fire Department and Ambulance Service are responding, along with mutual aid from Bergen, Stafford and Pavilion. The location is at the curve, between Oatka Trail and Hebbard Road. The house has been evacuated.

UPDATE 6:39 p.m.: The city's Fast Team is called to the scene. Command says the interior fire is pretty much knocked down except the second story.

UPDATE 6:44 p.m.: Oakfield is called to stand by in the city's fire hall. The Town of Batavia Fire Department is called to stand by in its own quarters. An extension ladder is needed at the scene to access the second story at the rear of the structure.

UPDATE 6:49 p.m.: Stafford "will be the standby crew for the district." National Grid is called in.

UPDATE 6:55 p.m.: They will be working to open up the roof line. South Byron is asked to stand by in its own quarters, at the request of Stafford.

UPDATE 7:01 p.m.: Fire Police will be providing traffic control at Route 19 and North Road.

UPDATE 7:08 p.m.: Howard is at the scene and says it's not a big blaze. A small portion of the roof caught fire due to overheated wood around the stovepipe at the roofline.

UPDATE 9:10 p.m. (by Howard): Firefighters with a thermal imaging camera have checked the roof line and report no more hot spots.

Law and Order: Two apparently homeless men arrested in garage on South Main

By Howard B. Owens

Andrew Lucas Kosiorek, 41, no address provided, is charged with criminal possession of a controlled substance, criminal trespass, 3rd, and obstruction of governmental administration. Kosiorek was arrested after being allegedly located in a garage on South Main Street at 12:30 a.m., Nov. 28. Kosiorek allegedly tried to flee from police at the time of his arrest. Upon being taken into custody he was allegedly found in possession of a controlled substance. He was jailed on $2,500 bail. Also charged with criminal trespass was Damien R. Graham, 41, no residence.

Norman S. Malkimos-Gonzalez Jr., is charged with menacing, 3rd. Malkimos-Gonzalez is accused of threatening to shoot another person while in the area of 85 Main St., Batavia, at 4:10 p.m. on Nov. 22. Malkimos-Gonzalez was later located in the area of Ellicott and Jackson and taken into custody. No weapon was found.

Morgan L. Cox Jr., 21, of 119 State St., #4m Batavia, is charged with criminal intent to damage property and harassment, 2nd. Cox was arrested following an investigation into an alleged domestic incident at 12:59 p.m., Nov. 28.

A 16-year-old resident of West Main Street Road, is charged with petit larceny. The youth is accused of stealing $85.07 in merchandise from Tops.

Thomas W. Morey Jr., 38, of 10631 Main St., Alexander, is charged with criminal possession of a weapon, 4th. Morey was allegedly found in possession of two firearms during a traffic stop at 6:26 p.m. Nov. 25 on West Main Street, Batavia, by Officer James DeFreze. Morey reportedly has a prior felony conviction.

Christina S. Baudanza, 37, of 154 Jackson St., Batavia, is charged with disobeying a mandate. Baudanza was arrested following an investigation into an alleged domestic incident.

Matthew A. Beccue, 44, of 4 Elm St., Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, moving from lane unsafely and drinking alcohol in a motor vehicle on a public highway. Beccue was stopped at 8:32 p.m. Nov. 22 on East Main Street, Batavia, by Officer Chad Richards.

Taraleen T. Tundo, 29, 10901 Marsh Road, Bethany, is charged with criminal possession of a controlled substance. Tundo was allegedly found in possession of suboxone without a prescription during a traffic stop at 12:40 p.m. Nov. 21 on Ellicott Street, Batavia, by Officer John Kirbis.

Antonio Lester James, 22, of Avenue A, Rochester, was arrested on a bench warrant. He is accused of failure to appear in County Court on a grand larceny, 4th, charge. James was being held in Monroe County Jail and turned over to the Sheriff's Office. James was arraigned in County Court and sentenced by Judge Robert Noonan to a state prison term.

George A. Booth, 50, of Rural Route 1, Hinton, W. Va., was arrested on a warrant stemming from a criminal possession of a forged instrument charge. Booth was arrested in West Virginia and extradited to New York. He was arraigned in Town of Alexander Court and jailed on $5,000 cash bail.

Timothy R. Benbynek, 48 of Corfu, is charged with trespass. Benbynek was arrested at 816 Gabbey Road, Pembroke. No further details released.

William H. Englert, 47, of Caledonia, is charged with DWI. Englert was stopped at 9:55 p.m. Dec. 1 on Bernd Road, Le Roy, by State Police.

Allissa A. Fodge, 23, of Bergen, and Megan C. Marchese, 26, of Bergen, are both charged with grand larceny, 3rd. The alleged incident was reported Oct. 18. Fodge and Marchese were arrested by State Police. No further details released.

Car and truck accident reported on Townline Road, Bergen

By Howard B. Owens

A car has reportedly hit a truck in the area of 7887 Townline Road, Bergen.

Injuries are reported.

Bergen fire and Mercy EMS responding.

UPDATE 9:36 a.m.: Another ambulance requested to the scene. Three people are injured.

UPDATE 9:41 a.m.: Additional ambulance cancelled. Current response on scene is sufficient.

UPDATE 10:47 a.m. (by Billie): One of victims suffered a head injury and was transported to Strong Memorial Hospital. The road is reopened and the assignment is back in service.


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Law an Order: Bergen resident accused of passing forged check

By Howard B. Owens

Dustin Michael Locicero, 29, of Gibson Street, Bergen, is charged with forgery 2nd. Locicero was arrested following an investigation into a complaint of a stolen check and its forged use at a location in the City of Batavia. Locicero was jailed without bail.

Thomas E. Newcomb, 42, of 27 E. Main St., Le Roy, is charged with harassment, 2nd, and endangering the welfare of a child. Newcomb is accused of striking a woman in the face with his hand during an argument.

Brandon David Gendron, 25, of Judge Road, Basom, is charged with unlawful possession of marijuana, uninspected motor vehicle and failure to keep right. Gendron was stopped at 11:25 p.m. Fridayon Fotch Road, Stafford, by Deputy Joseph Corona.

Stephen Joseph Peters, 18, of Wyoming Road, Warsaw, is charged with petit larceny. Peters accused of shoplifting from Walmart.

David William Buchholtz, 54, of North Spruce Street, Batavia, is charged with petit larceny. Buchholtz is accused of shoplifting from Walmart.

Harry Lee Flatt, 68, of Fruit Avenue, Medina, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right and moving from lane unsafely.

Donald Anthony Irwin, 43, of Main Road, Stafford, is charged with criminal possession of a weapon. Irwin was allegedly found in possession of a metal knuckle knife following a property damage accident at 9:12 p.m. Thursday in the Walmart parking lot.

Michael J. Wall, 39, of Oak Orchard Road, Elba, is charged with criminal obstruction of breathing and endangering the welfare of a child. Wall was arrested following an investigation into an alleged domestic incident reported at 6:40 a.m., Nov. 23.

Christopher Brian King, 22, of Pearl Street Road, Batavia, is charged with petit larceny. King is accused of ordering food at the Denny's in Pembroke and leaving without paying for the food.

Dana Robert Devin Cipra, 21, of West Main Street, Batavia, is charged with unlawful possession of marijuana. Cipra was arrested following a traffic stop at 12:47 a.m. Thursday on Route 77, Corfu, by Deputy Joseph Corona.

Danielle M. Stevens, 37, of Ford Road, Elba, is charged with petit larceny. Stevens was arrested after a check of video surveillance footage indicated she allegedly stole two vacuums from Walmart.

Robert Allen Norway, 40, of Lake Avenue, Rochester, is charged with violation of a Family Court order. Norway was arrested on a warrant out of Family Court.

Law and Order: Pair accused of assaulting person outside of Save-A-Lot

By Howard B. Owens

Derek G. Thomas, 37, of 110 Bank St., #B, Batavia, is charged with assault, 3rd. Thomas is accused of attempting to assault another person with intention to cause physical injury during an alleged disturbance outside 45 Ellicott St., Batavia, at 7:07 p.m. on Nov. 17. Also arrested and charged with assault, 3rd, was Marquele L. Tomlin, 22, of 130 E. Delavan Ave., Buffalo. Thomas and Tomlin are accused of assaulting a person while the victim was leaving Save-A-Lot.

Lasania S. Hyatt, 19, of 81 Ludlow St., basement, Yonkers, was arrested on a bench warrant. Hyatt is suspected of possession of alcohol under age 21 at 2 a.m., Sept. 27 on Trumbull Parkway, Batavia. Hyatt was located at Genesee Community College and arrested by Batavia PD. Also arrested on a warrant related to underage drinking was Shanique Y. Headley, 18, of 8170 Batavia-Stafford Townline Road, Batavia.

Jerry T. Saddler Jr., 37, of 112 State St., Batavia, is charged with assault, 3rd. Saddler was arrested in connection with an alleged incident at 9:30 p.m., Nov. 12, at State and Hutchins. He was jailed on $2,500 bail. No further details were released.

Joseph M. Blatchley, 35, of 3233 Pratt Road, Batavia, is accused of failure to appear on a charge of illegal dumping. Blatchley turned himself in. The alleged illegal dumping reportedly occurred at 8:30 a.m., Oct. 7, at a dumpster at 679 E. Main St., Batavia.

Kaitlyn A. Showler, 20, of 101 Summit St., Batavia, was arrested on a bench warrant. Showler was jailed on $5,000 bail. No further details released.

Sabrina C. Harris, 43, of 142 Charles St., Wayland, is charged with petit larceny and conspiracy, 6th. Harris is accused of assisting another person in a larceny at Olympia Sports at 2:42 p.m., Nov. 1. Harris turned herself in to BPD.

Mallory R. Pfaff, 25, of 4271 Broadway Road, Alexander, is charged with petit larceny and conspiracy, 4th. Mallory was allegedly involved in shoplifting at Tops at 11:35 a.m., Oct. 25. Also arrested was William C. Schlenker, 25, of 4271 Broadway, Alexander, and charged with petit larceny and conspiracy, 6th.

Anthony D. Alexander Sr., 39, 3687, W. Main Street Road, Batavia, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Alexander was arrested on a warrant related to an alleged incident at 2:14 p.m., Sept. 10, at 430 Ellicott St., Batavia. Alexander was held on $1,000 bail.

Benjamin L. Brade, 31, of 3337 Stroh Road, Attica, is charged with disobeying a court mandate. Brade is accused of violation an order of protection.

Drew Daniel Linderman, 25,of Hermitage Road, Gainsville, is charged with petit larceny. Linderman is accused of shoplifting from Walmart.

Jason Eric Nelson, 31, of Rhode Island Avenue, Niagara, is charged with unlawful possession of marijuana. Nelson was allegedly found in possession of marijuana while on Roberts Road, Alabama.

Jennifer L. Stack, 27, of South Main Street, Batavia, is charged with petit larceny. Stack is accused of stealing $310.92 in merchandise from Rite Aid on West Main Street Road, Batavia.

Christi A. Davis, 39, of Geneseo, is charged with endangering the welfare of a child. Davis was arrested by State Police in connection with an alleged incident reported in the Town of Bergen at 2:33 p.m., Monday. No further details released.

Antonio A. Ayala, 19, of Batavia, is charged with criminal possession of a narcotic drug with the intention to sell, in adequate muffler and back passenger age 4-6 restraint violation. Ayala was arrested by State Police in the Town of Bergen at 5:20 p.m., Tuesday. No further details released.

Chamber announces 2013 award winners

By Howard B. Owens

The 42nd Annual Chamber of Commerce Awards are getting a bit of a makeover this year with no general Business of the Year honoree and a complete skip of Innovative Enterprise of the Year -- even with a qualified nominee in the mix.

Much like last year, there are two winners for Geneseean of the Year, with awards going to Laurie Mastin, of Pavilion, and Timothy Michael Adams, of Stafford.

Rather than Business of Year, the chamber is honoring a Service Business of the Year, Alex's Place, and Retail Business of the Year, Adam Miller Toy & Bicycles.

The Agricultural Business of the Year is Bonduelle USA, Inc., of Bergen and Oakfield.

The Bergen Business and Civic Association is receiving special recognition with a Special Service award.

Nominated by The Batavian for Innovative Enterprise of the Year was Insource Urgent Care, but no award was given in that category for 2013.

While Insource has transformed the urgent care business through innovative use of telemedicine and cooperative arrangements with doctors and specialists from throughout the region, greatly reducing the cost of care for patients, the Batavia-based company was bypassed by the awards committee. 

It's not unprecedented for the chamber to hand out awards with different titles than previous years or what was on nomination forms.

The awards dinner is Feb. 22 at the Clarion Hotel, Park Road, Batavia. Tickets are $50 or a table of 10 for $450. Hors d'oeuvres are at 5:30 p.m. followed by entree tables (no formal sit down dinner). There is a cash bar. The awards program starts at 7 p.m., which will include coffee and dessert.

Call Kelly Bermingham at 343-7440, ext. 26, to make reservations.

Four men allegedly caught in the act of stealing scrap in Bergen

By Howard B. Owens

Four men were allegedly caught in the act Sunday stealing scrap metal from a scrap yard on Route 33 in Bergen and after further investigation they may be facing upgraded charges, Chief Deputy Jerome Brewster said.

The four men were allegedly found on the scrap yard property when the owner's son drove by and spotted a suspicious vehicle parked near the lot.

It's not unusual, Brewster acknowledged, for scrap metal thieves from Rochester to hit locations in Genesee County.

"You know how scrap is these days and when you can go right to a scrap yard, it's like one-stop shopping," Brewster said.

The yard was apparently so attractive to the thieves, they allegedly got away with more than originally thought yesterday.

When they were arrested yesterday, they were charged with petit larceny, but the owner of the scrap yard visited a location in Rochester and was apparently able to prove more of his scrap was stolen earlier in the day.

That aspect of the case is being turned over to Rochester PD and the four men could face grand larceny charges as a result, Brewster said.

Arrested where Sekou Singhor Howard, 40, of Parkway, Rochester, Ricky Todd Williams, 54, of Parkway, Rochester, Isaac Brandon McCrea, 30, of North Union Street, Rochester, and Kenneth Russell Hernandez, 47, of Chesnut Street, Rochester.

All four men were issued appearance tickets.

Law and Order: Motorcyclist charged with DWI following accident in Basom

By Howard B. Owens

Thomas Monte Carlo, 57, of Lewiston Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and leaving the scene of a property damage accident. Carlo was apprehended by Deputy Joseph Corona following a reported one-vehicle motorcycle accident at 7:23 p.m. Saturday on Lewiston Road, Basom.

Matthew James Florian, 25, of Slusser Road, Batavia, was arrested on a warrant related to an aggravated unlicensed operation charge. Florian was stopped by State Police on Route 5, Town of Batavia, and turned over to the Sheriff's Office on a warrant. Florian was jailed on $200 bail.

Michael Scott Vanburen, 46, of Alexander Road, Batavia, is charged with unlawful possession of marijuana, unsafe backing and consumption of alcohol in a vehicle. Vanburen was arrested after he reportedly backed his 2004 Pontiac GTO out of his driveway, across the road and into a ditch at 12:27 a.m. on Saturday.

Dana Lewis Toates, 19, of Roosevelt Highway, Hilton, is charged with unlawful possession of alcohol under age 21. Toates was reportedly a passenger in a vehicle stopped for a traffic violation and found to allegedly be in possession of alcohol.

Corey M. Vickers, 29, of Morrow Road, Pavilion, is charged with aggravated unlicensed operation, unlicensed operation and stopped on pavement. Vickers was charged after being observed by a Wyoming County deputy allegedly stopped on the roadway in the Town of Perry, outside of his vehicle, vomiting. Vickers' driving privilege was suspended after he allegedly failed to appear for a summons in the Village of Portville.

Alissa A. Fodge, 23, of Bergen, is charged with grand larceny, 3rd. Fodge was arrested by State Police in the Town of Barton for an alleged act reported Oct. 18. No further details released.

Overnight robbery of convenience store in Bergen prompts Sheriff's Office to seek public's help

By Billie Owens

Press release:

The Genesee County Sheriff's Office is investigating a robbery that occurred early this morning at the Sugar Creek store on Route 33 in the Town of Bergen. At about 1:30 a.m. a white male entered the store and demanded cash from the clerk. He implied he had a weapon although none was displayed. The clerk complied with the demand and the suspect was able to flee with cash from the register. The suspect was last seen leaving the store on foot headed east. If anyone has any information regarding the incident please contact the Genesee County Sheriff's Office at (585) 343-5000.

Site of Easter service in Bergen now county owned property, and that could be a problem

By Howard B. Owens

For 42 years members of two churches in Bergen have come together for Easter services on a hill in town.

When it was private property, there was never an issue with the annual service. Now, however, as of this year, the property is owned by the county.

Legislator Ray Cianfrini said today he is worried that somebody could sue the county over allowing a religious service on the property, or some "fringe group" (lack of a better term, he said) might demand equal access to a county park and say a precedent has been set.

"While I support the church and this service, I think there are some legal issues that will have ramifications," Cianfrini said.

County Attorney Chuck Zambito said, yes, it's possible allowing the service could lead to somebody filing a lawsuit.

"I don't think there is anything wrong by allowing them to hold the service," Zambito said. "You may get challenged and you may loose. You may have to abide by whatever happens."

The legal concern prompted Cianfrini to vote no on a resolution before the Ways and Means Committee to authorize the churches to hold the services.

The county acquired the property for one of its new emergency communication towers associated with the construction of the new 9-1-1 system.

Bob Bausch, who represents Bergen, sought approval of continuing access to the property for the Easter service.

The churches conducting the service are the First Presbyterian Church of Bergen and the United Methodist Church of Bergen.

"It's an hour service or less once a year and it's very, very meaningful to them," Bausch said.

The church leaders claim, Zambito said, that the person who owned the property 42 years ago placed a covenant on the parcel to ensure the churches would always be allowed to hold services there.

Zambito said he can find no such covenant filed with the deed and there's been no recording of any such contract.

On the other hand, the previous property owner -- Time Warner -- and the current surrounding property owner -- the Monroe County Water Authority -- have always allowed the services.

In fact, the water authority provides the churches with a key to its locked gate at the base of the hill and service-goers now have a paved road up the hill that's normally to service the Time Warner's communication tower.

Legislator Ed Dejanerio said he is concerned about any liability the county might have from the use, so legislators added a requirement to the resolution that the churches purchase appropriate insurance for the event.

The committee passed the resolution approving the services 3-1. 

Grand Jury indicts man for first-degree rape of girl less than 11 in City of Batavia

By Billie Owens

These are the latest indictments issued by the Genesee County Grand Jury:

Terrel A. Goodson, an adult male, is accused of predatory sexual assault against a child, a Class A-II felony. It is alleged that on Sept. 2, Goodson committed first-degree rape in the City of Batavia by engaging in sexual intercourse with a girl less than 11 years old. In count two, he is accused of the same crime by engaging in oral sexual conduct with a girl less than 11 years old. In count three, he is accused of first-degree sexual abuse, a Class violent felony, for allegedly subjecting a minor under the age of 11 to sexual contact.

Timmy L. Taylor is indicted on five counts of first-degree criminal contempt, Class E felonies, for allegedly violating a court order of protection in October in the City of Batavia. It is alleged that Taylor intentionally placed, or attempted to place, a protected person in reasonable fear of physical injury, serious physical injury or death by repeatedly following the person or engaging in a course of conduct or repeatedly committing acts over a period of time. He allegedly violated the court order of protection in the City of Batavia on Oct. 6 and Oct. 20 with the intent to harass, annoy, threaten or alarm a protected person or otherwise subject that person to physical contact or threatened to do so. He's accused of striking, shoving, kicking or otherwise subjecting the protected party to physical contact or threatening to do so. He's is accused of intentionally placing, or attempting to place, the protected party in reasonable fear of death, imminent serious physical injury or physical injury. In counts six and seven, he is accused of third-degree assault, a Class A misdemeanor, for allegedly intending to cause physical injury to another person, causing injury to such person or to a third person on Oct. 6 and 20th, respectively. In counts eight and nine, he is accused of second-degree strangulation, a Class D violent felony, for intending to impede normal breathing or circulation of blood to another person, applying pressure on the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, or any other physical injury or impairment, on Oct. 6 and 20th, respectively. In count 10, he's accused of first-degree coercion, a Class D felony, for compelling or inducing a person to engage in conduct which the person had a legal right to abstain from engaging in or, conversely, the person had the right to engage in legally. This allegedly was done on Oct. 20 by instilling fear of physical injury. In count 11, Taylor is accused of second-degree unlawful imprisonment, a Class A misdemeanor, for allegedly restraining another person on Oct. 20.

Leon C. Bloom Jr. is accused of first-degree burglary, a Class B felony, for entering or remaining unlawfully inside a dwelling on Fordham Drive in the City of Batavia late on Sept. 22 or early on Sept. 23 with the intent of committing a crime. In so doing or in fleeing the scene, it is alleged he physically injured a person who was not a participant in the alleged crime. In count two, he's accused of strangulation in the second degree, in the same incident, for allegedly intending to impede normal breathing or circulation of the blood of another person, applying pressure to the person's throat or neck thereby causing stupor or loss of consciousness for any period of time or any other physical injury or impairment. In count three, Bloom is accused of third-degree assualt, a Class A misdemeanor, for intending to cause physical injury to another person or causing such injury to the person or a third person.

Matthew J. Vandorn is accused of third-degree burglary, a Class D felony, for allegedly knowingly entering and remaining unlawfully in a barn on Dillon Road in the Town of Pavilion on July 4th or 5th. In count two, he is accused of fourth-degree grand larceny, a Class E felony. He allegedly stole property valued at more than $1,000 in the Town of Stafford on July 1st or 2nd, specifically two Yamaha motorcycles, made in 1994 and 2005, respectively. In count three, he is accused of criminal possession of stolen property, 4th, a Class E felony. It is alleged that between July 1 and July 18 in the Town of Stafford he knowingly possessed stolen property with the intent to benefit himself or someone other than the owner, or to impede the recovery of the property by the owner. The property's value was more than $1,000 -- the two motorcycles noted in count two of the indictment. In count four of the indictment, Vandorn is accused of third-degree burglary, a Class D felony, for allegedly entering or remaining unlawfully in a building on Batavia-Oakfield Townline Road in the Town of Oakfield on June 29 and June 30 with the intent to commit a crime. In count five, Vandorn is accused of criminal possession of stolen property, 3rd, a Class D felony, for allegedly knowingly possessing stolen property with the intent of benefitting himself or someone other than the owner, or to impede the recovery of the property by the owner and the value of it exceeded $3,000. The property was a Honda TRX four-wheeler and a Yamaha 350 Raptor four-wheeler. In count six, he is accused of grand larceny, 3rd, a Class D felony for allegedly stealing property on June 29 and June 30 valued at more than $3,000, the aforementioned four-wheelers.

Samantha A. Lora is accused of driving while intoxicated, a Class D felony, for driving a 2013 Chevrolet on Interstate 90 in the Town of Pembroke on May 1 while impaired by alcohol. In count two, she accused of the same crime while she had a passenger age 15 or less, which is a Class E felony. In count three, Lora is accused of aggravated unlicensed operation in the first degree, a Class E felony, for operating a motor vehicle while knowing or having reason to know, that her license was suspended, revoked or otherwise withdrawn in the state of New York, and while under the influence of alcohol or drugs.

Jeremy M. Denton is accused of driving while intoxicated as a Class E felony. It is alleged that on May 10 in the Town of Bergen he drove a 2004 GMC pickup truck on Route 19 while intoxicated. In count two of the indictment, he is also accused of having a BAC of .08 at the time.

Law and Order: Two men accused of causing a late night disturbance at McDonald's

By Howard B. Owens

Sean A. Kota, 20, of 7118 Byron Holley Road, Byron, is charged with DWI, refusal to take breath test, and criminal possession of marijuana, 5th. Kota was arrested following a police response to a report at McDonald's of two males in a vehicle in the drive-thru causing a disturbance at 2:30 a.m., Wednesday. Kota was allegedly found in possession of more than 25 grams of marijuana. Kota was jailed on $2,500 bail.

Michael Vincent Pontillo, 20, of 37 Bogue Ave., Batavia, is charged with assault, 2nd, with intent to cause physical injury to a police officer, obstructing governmental administration, 2nd, and resisting arrest. Pontillo was arrested as part of the same alleged incident involving Kota above.

Lance David Compton, 21, of East Main Street, Attica, is charged with unlawful dealing with a child, 1st. Compton is accused of providing alcohol to two people under age 21. Compton was arrested following a traffic stop at 9:09 p.m. Thursday on Lake Road, Bergen, by Deputy Joseph Corona. Cited for alleged possession/consumption of alcohol under age 21 were Christopher Stuart Nevinger, 20, of Eaton Road, Perry, and Cody Kleitz, 18, Espial Drive, Binghamtom.

Reinaldo Roman, 41, of 140 Jackson St., Batavia, is charged with criminal contempt, 1st. Roman is accused of violating a stay away order of protection by being at the residence of the protected party. Roman reportedly has a prior conviction on the same order for criminal contempt, 2nd.

Kasean L. Shannon, 21, of 115 State St., Batavia, is charged with unlawful possession of marijuana and criminal contempt, 1st. Shannon is accused of violating a stay away order of protection and possessing marijuana at the time of his arrest by Batavia PD.

Banjamin G. Evans IV, 25, no current address, Rochester, was arrested on a bench warrant out of City Court. Evans is accused of failure to appear on a criminal possession of a controlled substance charge. Evans was located by Rochester PD and taken into custody. He was jailed on $2,500 bail.

Mom chases son who allegedly stole her car

By Billie Owens

Law enforcement just intercepted a suspect driving a burgundy Ford Escape on southbound Route 19. The driver's mother had reported that her son stole her vehicle. She followed him in her blue Jeep Liberty. The chase went on for about 10 minutes.

"The mother's awfully excited. We're telling her to stay in the vehicle," says a dispatcher.

Smoke in the residence reported on North Lake Road, Bergen

By Howard B. Owens

Residents of 6568 N. Lake Road have evacuated the structure after reporting smoke in the house from a possible electrical problem.

The call came in through Monroe County dispatch.

Bergen fire is being dispatched. Brockport ladder and a Churchville engine are in route.

A chief on scene reports nothing showing from the single-story ranch home.

UPDATE 6:04 p.m.: First Bergen crew arriving on scene, will be deployed to the basement with a thermal camera.

UPDATE 6:06 p.m.: A chief reports "a basement charged with smoke." Also, Mercy EMS responding from Batavia.

UPDATE 6:10 p.m.: Mercy's response cancelled. A firefighter reports, "basement's been checked. Everything's cool down there." Proceeding to check ground floor.

UPDATE 6:18 p.m.: Fans are being brought in to air out the structure. No cause found at this time.


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Liberty Pumps names new CFO

By Howard B. Owens

Message from Charlie Cook, CEO of Liberty Pumps:

I am very pleased to announce that Dennis Burke has been promoted to the position of Chief Financial Officer (CFO) of Liberty Pumps effective October 1.

Dennis has been with the company for 21 years serving in a wide variety of roles. He is currently our Manager of Finance and Human Resources, which includes the management of our Accounting department. His new position and title more accurately encompass and acknowledge those responsibilities among several others. He is an essential member of the Liberty management team. A 1985 graduate of Byron-Bergen, Dennis has a bachelor’s degree in finance from St. John Fisher College and an MBA from the University of Buffalo. He also has his certification as a Senior Professional in Human Resources and is a member and past president of the GAPA Human Resources Association. Dennis is a 2001 graduate of Leadership Genesee and is very active and involved in the community.

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