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Law and Order: Alabama man charged with grand larceny after two complaints about construction work paid for but allegedly not completed

By Billie Owens

Dana Ryan, 39, of Galloway Road, Alabama, is charged with two counts of fourth-degree grand larceny. An investigation by the Genesee County Sheriff's Office was initiated after two complaints reported to the Sheriff's Office, one in the Town of Pembroke, the other in the Town of Batavia. The complaints concerned payments which were allegedly made to Ryan by two different customers pursuant to construction contracts for work agreed upon but not completed. It is alleged that the payments to Ryan for home-improvement contracts were not allocated into a proper account and that these funds were used by the defendant for purposes other than the agreed upon work. The time frame of the allegations in the complaints, according to the Sheriff's Office news release, is February 2016 through May (2017). Ryan is due in Town of Pembroke Court on July 11 and in Town of Batavia Court on July 13. The case was investigated by Sheriff's Office Investigator J.M. Graff, assisted by Deputy K.M. McCarthy.

Danny D. Williams Sr., 28, of Pearl Street, Batavia, is charged with criminal possession of a weapon in the third degree, second-degree menacing, and endangering the welfare of a child -- a child less than 17 years old. The charges stem from an incident which occurred at 8:01 p.m. on June 9 on Central Avenue, Batavia. It is alleged that Williams pulled a knife on an individual during an altercation and that there was a child in close proximity at the time. He was jailed in lieu of $15,000 cash bail or $30,000 bond and was due in Batavia City Court on July 7. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Lindsay.

Dustin L. Landin, 38, of Sierk Road, Attica, is charged with grand larceny -- value greater than $1,000. Landin was arrested for allegedly stealing money/property from a local business at 8:20 p.m. on June 28 on East Main Street in Batavia. He was issued an appearance ticket for Batavia City Court on July 11. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by officer Stephen Cronmiller.

Christopher Harris Pompa, 45, of Byron Road, Byron, is charged with DWI, refusal to take breath test, and speeding. At 6:16 p.m. on July 8 on South Lake Road in Bergen,  the defendant was stopped in the Village of Bergen following the observation of an alleged traffic violation. The defendant was arraigned on the charges and then released on his own recognizance. He is due in Bergen Town Court on July 19. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Joseph K. Schlossel, 58, of Linwood Avenue, Batavia, is charged with: moving from lane unsafely; backing unsafely; drinking alcohol in a motor vehicle; and DWI -- first offense. The charges stem from a one-car accident that occurred at 11:45 a.m. on March 11 on Clifton Avenue in Batavia. He was issued tickets and released and is due in City Court July 12. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Nicole McGinnis.

Salvatore M. Schwable, 19, no permanent address, is charged with failure to appear. He was arrested on a bench warrant out of City Court for failure to appear for a scheduled court appearance and jailed on July 6 in lieu of $2,500 cash bail or bond. He was due back in court on July 7. The case was handled by Batavia Police Officer Chad Richards.

Salvatore M. Schwable, 19, no permanent address, is charged with fourth-degree grand larceny and two counts of petit larceny. The charges stem from an incident at McDonald's on East Main Street in Batavia at 6:33 p.m. on May 12. It is alleged that Schwable took property from three different individuals without their permission. The defendant was jailed without bail and was due back in court on July 7. The case was handled by Batavia Police Officer Chad Richards.

Felicia Dianne Swartenberg, 20, of Willowbrook Road, Brockport, is charged with unlawful possession of marijuana and speeding. At 9:51 p.m. July 8, the defendant was stopped on Waterman Road in the Town of Stafford for an alleged vehicle and traffic violation. The defendant allegedly possessed a quantity of marijuana and drug paraphernalia. Swartzenberg is due in Stafford Town Court on Aug. 1 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Lindsay Rae Crist, 20, of Redman Road, Brockport, is charged with unlawful possession of marijuana. At 9:51 p.m. July 8, the defendant was a passenger in a vehicle that was stopped on Waterman Road in the Town of Stafford for an alleged vehicle and traffic violation. The defendant allegedly possessed a quantity of marijuana and drug paraphernalia. Crist is due in Stafford Town Court on Aug. 1 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Male beagle found on Wortendyke Road, now at the animal shelter

By Billie Owens

This intact (unneutered) male beagle was found July 8 on Wortendyke Road in the vicinity of Bontrager's Auction, Town of Batavia. He was taken to the Genesee County Animal Shelter and a worker confirmed this afternoon that he's still there, waiting for his owner(s) to claim him.

If you can help reunite this friendly boy with his family, please contact the shelter at 343-6410 or email the volunteers who help out there at:  info@vol4animals.org

The shelter is located at 3841 W. Main Street Road, Batavia.

(Photo provided by Russ Marchese, owner of Beds N Bones Pet Lodge.)

Noonan Drive will be closed during milling work

By Howard B. Owens

Press release:

Noonan Drive will be closed on Thursday, July 13, between the hours of 7 a.m. to 3 p.m. for cold milling operations.

While work is being performed in this area, the roadway will be closed to all through traffic. Local traffic will be permitted to and from their residence/property but should plan accordingly for delays.

All residents/businesses within the work area are asked not to park on the roadway during cold milling operations.

This is weather-dependent work. If work is postponed, it will progress next on the work day. Please, plan accordingly and contact the Bureau of Maintenance with any questions. Thank you for your cooperation in advance. 

'Destro' shows off his police dog skills for Explorer troop

By Howard B. Owens

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Chris Bauer, a member of the Explorer troop sponsored by Batavia PD, got to play the bad guy during a demonstration of police dog work at Batavia High School on Sunday evening.

Deputy Chris Erion and K-9 "Destro" showed the Explorers how a police dog takes down a criminal suspect, hunts for drugs, seeks out a human hiding from police, and can find fresh human scent.

In each scenario, Erion had a different pattern of commands and motions, and a different toy for Destro's reward, so Destro would know which task he was supposed to perform in which circumstance. Destro is motivated to get that toy, his favorite being an old piece of fire hose he gets after finding drugs.

Erion spoke with the students about the value of dogs in police work, which not only makes it easier to find drugs, evidence, and people, K-9s have a great calming effect in disturbances involving combative suspects. 

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Destro searching for drugs. He's close. The sample of meth was in the mate to this Nike sneaker.

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Destro with his fire hose toy.

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Erion with the tennis ball used when he wants Destro to search for fresh human scent. This search might be used to find an item a criminal suspect might have left behind while fleeing from a scene. We saw Destro display this skill in January 2014 when he found a note dropped by a robbery suspect near the crime scene.

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Destro alerting on a wallet that had been dropped in the grass by one of the Explorers.

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City Council to vote on Comprehensive Plan measures, learn details of non-lethal approach to deer management

By Mike Pettinella

City Council has called a special business meeting tonight (7 o'clock, City Hall, Council Board Room) to consider a pair of resolutions dealing with the community's Comprehensive Plan update.

The governing body is expected to act on a resolution establishing the City as the lead agency for the State Environmental Quality Review Act (SEQR) for the draft Comprehensive Plan and a measure to set a public hearing on the proposed plan for 7 p.m. Aug. 14.

The Comprehensive Plan update is one of six items on the agenda of Council's Conference Meeting. A five-resolution Business Meeting -- which also includes a report from the Deer Management Task Force -- also is scheduled for tonight.

In a memo to Council dated July 5, City Manager Jason Molino stated that the Council-appointed Comprehensive Plan steering committee has worked with Elan Planning, Design & Landscape Architecture PLLC over the past 18 months and has engaged community participation in an effort to update the document that outlines the City's vision for the next 10 years.

"The relationship between the comprehensive plan, zoning law and the local boards that implement the land use system are all interrelated," Molino wrote. "Most importantly, the future land use map sets the foundation for the City's zoning, based on feedback and input from businesses and residents on what they would like the Batavia of tomorrow to look like."

Molino pointed out that the City Plannining & Development Committee already has scheduled a public hearing on the matter for July 18. He recommends that City Council pass the resolution scheduling its public hearing for Aug. 14, which then could be considered for adoption at the Sept. 11 Council meeting.

Once adopted, Molino wrote, the Comprehensive Plan will require zoning code updates consistent with the new plan, adding that the City has money in a committed fund balance to support zoning code updates.

As far as the City's deer management strategy is concerned, a special task force met a dozen times since April 2016, with its activities including identifying problem areas, collecting pertinent data, conducting a survey of residents and looking at deer managements plans of two Michigan communities -- East Lansing (which takes a "deer-related impact" approach) and Meridian (which uses a bow hunting club to control the deer population).

In a memo dated June 29, the task force reports that the City "should not take a lethal approach to managing the deer population, but rather manage deer-related impacts."

The committee outlined several reasons for its recommendation:

-- The density of the City, little public land and an "inadequate environment to hunt in most (of its) areas."

-- Deer damage has been limited to select areas of the City.

-- There have not been a significant amount of deer-vehicle accidents in the City.

-- Response to the survey was low and suggested that the issue "did not rise to the attention that a lethal and proactive initiative needed to be undertaken ..."

-- Of those who did respond to the survey, half suggested lethal action and half opposed lethal action.

The committee's report does call for the implementation of a deer management website (link on the City of Batavia's website), conducting a public survey every two to three years to monitor activity, and to allow property owners to hunt within City limits, as long as they follow the parameters of the NYS Environmental Conservation Law which restricts the discharge of a gun, bow or crossbow within certain distances of residences and buildings.

UPDATED: Teenager dies following rollover accident on West Bethany Road

By Howard B. Owens

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UPDATE 9:07 a.m.: The driver, Brian D. West Jr., 17, of West Bethany Road, died this morning at 5:20 a.m. as a result of injuries sustained in the crash.

A 17-year-old East Bethany resident was seriously injured tonight after he lost control of his pickup truck and it rolled over -- perhaps twice -- on West Bethany Road, near his home.

The youth, who was ejected from the truck, was flown by Mercy Flight to Strong Memorial Hospital. He was conscious and alert, and even trying to get up, when an Alexander fire chief first arrived at 10198 West Bethany Road.

"There is a hill rise to the south of us," said Sgt. Eric Seppala, explaining the sequence of events in the accident. "He was northbound. For some reason, he moved from his northbound lane to the southbound lane, went across it, went off the west shoulder of the road. The tires bit in and the vehicle rolled at least once and then continued and rolled to a stop. During that time, somewhere near the end, is when he was ejected from the vehicle through the driver’s side door window."

The cause of the accident, reported at 10:39 p.m.,  is under investigation, according to Seppala, but there is no indication at the scene of alcohol or mobile phone use prior to the accident.

Within the 100 yards or so from where the Chevy Avalanche appears to have started to swerve and cross over into the southbound lane to where it finally came to rest on its three remaining wheels, there are tire marks, deep gouges in the asphalt roadway, bits of metal from the truck, and a small field of auto glass.

Whether speed was a factor hasn't been determined, but traffic citations are possible, Seppala said. 

Deputies were unable to speak with the youth before he was transported to Strong.

Seppala said it hasn't been determined yet if he was wearing a seat belt, but they suspect he wasn't.

There was a small fire in the truck when Alexander chiefs arrived on scene and they were able to put it out with portable extinguishers. 

Deputy Howard Wilson is handling the accident investigation.

Alexander fire and Mercy EMS responded to the accident. Troopers also assisted at the scene.

The driver's name will be available once the Sheriff's Office completes its reports and issues a press release.

(Initial Report)

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Small car fire and man down reported on West Bethany Road

By Howard B. Owens

There was a car with a small fire in the car -- the fire may be out -- in the area of 1098 W. Bethany Road, Bethany.

An Alexander fire chief is on scene.

A man is down in a driveway.

Mercy Flight, with a 20-minute ETA out of Buffalo, is in route.

Sheriff's Office remembers officers who died while on duty

By Howard B. Owens

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The Sheriff's Office dedicated two new signs in the garden outside the department's Park Road office this afternoon to the memory of William H. Johnson, who died in 1895, and Raymond F. Thompson, who died in 2002.

Pictured above, Deputy Brian Thompson on the left, with Undersheriff Greg Walker, and on the right, other members of the Thompson family with Sheriff William Sheron.

Brian Thompson is Raymond's brother. Raymond served eight years in the USAF in Security Police, then returned home, working in a couple of different manufacturing jobs before joining the Sheriff's Office as a corrections officer. He died on duty a few years later of a heart attack at the age of 37.

The dedication service comes on the third anniversary of the death of Deputy Frank Bordonaro, who is also honored with a sign in his memory in the garden.

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The ceremony was followed by lunch for all in attendance, with hot dogs, hamburgers and sausage grilled by, from left, Undersheriff Greg Walker, Chief Deputy Jerry Brewster, and Sheriff Bill Sheron.

Photos: Grand opening of Hearth & Soul

By Maria Pericozzi

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Saturday morning, Siobhan Larkin (left) and Jennifer Petry (right) celebrated their grand opening of a holistic home goods store, Hearth & Soul, located at 214 Ellicott St. in Batavia.

Hearth & Soul offers handmade Bohemian décor, holistic accessories, jewelry, organic skin care, clothing and more. 

Petry said the building recently got a new coat of paint, just in time for the grand opening ribbon-cutting ceremony. 

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Visitors enjoyed wine tastings, courtesy of Christine Crocker, owner of The Yngodess Shop on Main Street, music from local artist Justin Reynolds, and light hors d’oeuvres.

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Carnival and tractor pulls in Alexander tonight

By Howard B. Owens

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The Alexander Fire Department's annual carnival and tractor pull is back this weekend.

Today, the grounds open at 4 p.m. The kiddie parade is at 4 p.m. and pulls start at 7 p.m.

There will be music in the beer tent, starting at 9 p.m., with Red Creek.

The grounds close at 2 a.m.

The annual carnival dates back to 1938 and more than 22 years ago, the department added tractor pulls.

Top Photo: File photo.

Below, a photo by Nate Fix from the pull last night:

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Police looking for blue sedan with front end damage that caused accident in Bergen last night

By Howard B. Owens

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Local law enforcement is looking for a blue, four-door sedan with front and driver-side damage that investigators believe was the cause of an accident in Bergen last night that sent six people to the hospital.

The accident was reported at 9:15 in the area of 7762 Clinton Street Road.

The initial investigation by the Sheriff's Office indicates that the blue sedan passed a 2010 Dodge Grand Caravan unsafely and struck an eastbound 2010 Ford F150.

The collision forced the pickup truck off the road on the south shoulder where it came to rest facing north, resting on its passenger side.

The Caravan swerved to the right to avoid the collision and it traveled off the south shoulder, where it struck a large utility pole, continued west and struck a large tree.

Volunteer firefighters, when they arrived on scene, began a lengthy extrication to get the driver of the Caravan, Hailee N. Callicutt, of Prune Street, Batavia, out of the vehicle. She suffered a broken leg and was transported to Strong Memorial Hospital by Mercy Flight.

The five other passengers in the Caravan suffered minor injuries and were transported by ambulances to Strong.

No information was released on whether the driver of the pickup truck, John F. Gurtler, of Swamp Road, Bergen, was injured.

Responding to the scene were Bergen fire, Byron fire, Churchville fire, Le Roy ambulance, and Mercy EMS. 

The accident is being investigated by Sgt. Jason Saile, Deputy Ryan DeLong, and Trooper Chad Bea. 

To provide information about the blue sedan that may assist in the investigation, call the Sheriff's Office at (585) 343-5000.

(Initial Post)

Photo: Courtesy Alicia Kaus/Video News Service.

Lou Gramm packs a crowd outside Batavia Downs

By Steve Ognibene

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Rochester native Lou Gramm packed in a large crowd of fans in Western New York at Batavia Downs racetrack last evening. 

On this warm summer night people gathered all around the local area to hear “Lou Gramm the Original Voice of Foreigner” and his band play classic hits like, "Cold as Ice," "Double Vision," "Midnight Blue" and "Juke Box Hero," plus many more from his days with his former band Foreigner.

Fans were singing from their lawn chairs, dancing on the lawn and jamming out those classic revival tunes from many years since the 1970s to now.

This was the fourth outdoor summer concert part of Batavia Downs concert series with two remaining, Marshall Tucker band next Friday, July 14th, and Lee Greenwood on July 21st.

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Accident with possible entrapment reported on Clinton Street Road

By Howard B. Owens

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A motor-vehicle accident with possible entrapment is reported at 7762 Clinton Street Road, Bergen.

Bergen fire, Bergen ambulance and Mercy EMS dispatched.

There's a rollover and another vehicle reportedly struck a pole. Wires are reported down.

UPDATE 9:24 p.m.: Mercy Flight on ground standby.

UPDATE 9:25 p.m.: Confirmed, one person trapped.

UPDATE 9:26 p.m.: A second Mercy ambulance requested to the scene. Mercy Flight out of Olean is on in-air standby.

UPDATE 9:31 p.m.: Byron ambulance requested to the scene.

UPDATE 9:35 p.m.: Churchville requested to set up a landing zone at Dublin Road and Route 33 for Mercy Flight. Mercy Flight may be coming from Canandaigua. 

UPDATE 9:41 p.m.: Landing zone changed to Farm Market at Route 33 and Route 19.

UPDATE 9:45 p.m.: Le Roy ambulance requested to the scene.

UPDATE 9:53 p.m.: Alexander ambulance requested to stand by in quarters because so many ambulances in the county are tied up at the moment.

UPDATE 9:55 p.m.: Darien ambulances requested to stand by in quarters. Four-minute ETA on Mercy Flight.

UPDATE 9:56 p.m.: An ambulance is in route to Strong with two patients.

UPDATE 9:58 p.m.: Bethany requested to have ambulance crew stand by in quarters.

UPDATE 10:03 p.m.: Mercy Flight on the ground.

UPDATE 10:07 p.m.: Churchville's engine requested to the scene with extrication tools.

UPDATE 10:29 p.m.: All victims extricated.

UPDATE 11:04 p.m.: Bergen back in service.

UPDATE: Video from the scene from our news partner 13WHAM.

UPDATE: Photos courtesy Alecia Kaus/Video News Service

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Law and Order: Pair of teens from West Seneca busted for alleged pot possession

By Billie Owens

(name redacted upon request), 19, and (name redacted upon request), 18, both of Pacecrest Court, West Seneca, are charged with unlawful possession of marijuana. At 8:02 p.m. on July 3, the driver, (name redacted upon request), was stopped on Clinton Street Road in the Town of Batavia following the observation of an alleged vehicle and traffic violation. At the time, both (name redacted upon request) and (name redacted upon request) allegedly possessed a quantity of marijuana and drug paraphernalia. The defendants were issued appearance tickets for Town of Batavia Court on July 31. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong and Deputy Michael Lute.

Three business projects on GCEDC's agenda for next meeting

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) will consider approving incentives for three projects at its meeting on Thursday, July 13, in the Innovation Zone board room on 99 Medtech Drive, starting at 4 p.m.

The Board will vote on whether to approve incentives for a $7.1 million expansion for a new 40,000-square-foot warehouse and service center for West Seneca-based Freightliner Western Star.

The expansion will create 24 new jobs and the center will be located adjacent to the New York State Thruway and next door to the Genesee Valley Educational Partnership (GVEP).

The GVEP graduates are seen as an "ideal" workforce for the new facility. Freightliner Western Star is seeking approximately $662,000 in sales, mortgage and property tax exemptions.

The popular Coach Tony’s, which makes a wide variety of food sauces, is seeking to expand its operations in the Town of Bergen. The company is expanding and planning on constructing a 5,000-square-foot building on three acres at Apple Tree Acres. The project will create three new jobs. Coach Tony’s is seeking approximately $50,000 in sales, mortgage and property tax exemptions.

The third project for consideration by the GCEDC is a $170,749 GAIN! loan fund for First Light Creamery in East Bethany. The loan will be used to assist with its existing production of goats' milk cheese from local distribution to regional distribution by adding to their barn, and associated infrastructure, to house more goats.

The GCEDC Board meeting is open to the public.

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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