The individuals involved in starting a bonfire that apparently ignited a fire in Byron on Sunday night will not face criminal charges, according to the Sheriff's Office.

Chief Deputy Jerome Brewster sent this e-mail:

District Attorney Friedman recommended no prosecution. He stated that the actions surrounding the fire's start are not criminal in nature.

Previously:

• Last night's Byron fire under investigation by Sheriff's Office
• Back unit of apartment house in Byron gutted by fire
• Apartment fire reported in Byron

We heard an investigator was 6296 W. Main St. (Route 262), Byron, the scene of last night fire, and so we e-mailed the Sheriff's Office for more information.

Chief Deputy Jerome Brewster sent the following reply:

The investigator assigned is currently back out at the scene. He will be consulting with the District Attorney's Office about possible charges later this afternoon. As far as arson, that will be one of several possibilities that will be discussed. 

Gary W. Merritt, 50, of 9570 Bernd Road, Le Roy, is charged with reckless endangerment in the first degree. Merritt allegedly fired shotgun rounds at a neighbor's house. The rounds struck a glass door while the resident was standing near the door. The alleged incident occurred Saturday at 3:15 p.m. and was investigated by Deputy James Diehl. Merritt was released under supervision of Genesee County Justice.

Darryl Stephen Johnston, 34, of 111 Copeland St., is charged with petit larceny. Johnston is accused of stealing five bottles of booze off the bar at the Pizza Pantry in Corfu. The bar was closed at that time of day on Aug. 28. Johnston was arrested at his home in Rochester on Nov. 4.

Paul S. Banach, 22, of 166 Lake Road, Avon, is charged with DWI, driving with a BAC of .08 or greater, failure to stop for a stop sign, speeding and driving left of pavement markings. Banach was stopped Saturday at 2:50 a.m. by Deputy Jason Saile on Route 262 in the Town of Byron.

Arthur W. Hale, Jr., 48, of Foxe Harrow Drive, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Hale was allegedly observed crossing a double yellow line once, and a dotted yellow line twice on Route 33 in Stafford by Sgt. Greg Walker at 2:03 a.m. on Saturday. The officer stopped Hale and determined that he was allegedly driving drunk. Hale was also cited for failure to keep right and refusing to take breath test.

David M. Jackson, 32, of Bethany, is charged with harassment and endangering the welfare of a child. Jackson was arrested by State Police at 6:10 p.m. on Saturday. No further details available.

The back apartment in a three-unit complex at 6296 W. Main St. (Route 262) in Byron was completely gutted by a late night fire.

The fire was reported just before 10 p.m. and the cause remains under investigation, according to Tim Yaeger, Genesee County emergency management coordinator.

There are no reported injuries at this time, either to residents or firefighters.

As many as eight or nine people were in the back apartment when the fire started.

The fire was under control by 10:38 p.m., Yaeger said.

Red Cross Director Judith Nagel lives next door to the fire and was already providing relief in her home to a woman and her 17-year-old son. She was ready to provide assistance, she said, to the other residents, but they seemed to have dispersed. She indicated a number of people lived in the building.

"We saw smoke and heard people yelling," Nagel said. "This is my house. We looked out, saw smoke and came out to start assisting.

"The only time I've been able to respond quicker," she said, "was when it was in this place." She was pointing to the house on the other side of her home.

UPDATE: This morning, fire officials are saying the fire may have been caused by a spark from a bonfire in the backyard of the residence. When I was at the fire last night, I was taken into the backyard to take pictures, and there was clearly a bonfire still burning. The bonfire was about 40 yards from the house. The fire caused an estimated $75,000 in damage.

The fire was first discovered in a hallway leading to the back apartment.

Departments responding to the fire: Byron, South Byron, Bergen, Stafford, Bethany, Clarendon, Elba, Oakfield, Town and City of Batavia.

Byron and South Byron Fire have been dispatched to an apartment fire at Route 262, west of Route 237.

A first responder reports the building is across from the Presbyterian Church and is fully engulfed.

The initial caller was reported out of breath and talking excitedly.

All residents are reportedly out of the building.

The fire is now in a second alarm with Elba and Town of Batavia FAST teams responding, Stafford on standby.

UPDATE 10:02 p.m.: There are a number of residents out of the building.

UPDATE 10:09 p.m.: Town of Batavia FAST team is being reassigned to a task at the fire and City of Batavia FAST team is being brought in.  

UPDATE 10:19 p.m.: The Red Cross is responding to the scene. It has been ordered that the roof of the apartment building be opened up. A team of four firefighters is inside the building.

UPDATE 10:26 p.m.: For at least five minutes, water has been pumped into the fire scene. Just heavy smoke at this point. The roof has been opened up to the attic and firefighters are still working on the second story.

UPDATE 10:30 p.m.: All available units from Elba have been requested.

UPDATE 10:40 p.m.: Presumably, the Red Cross is the entity seeking to provide refreshments to the onlooking apartment dwellers.

UPDATE 10:47: All power has been cut off at the apartment building. One person at the apartment building reportedly can provide an eyewitness account of what happened, but the fire personnel will need an interpreter to communicate with him.

UPDATE 10:51: A code enforcement officer has been called to the scene. The eyewitness subject is being transported to a fire station to be interviewed.

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Byron Fire is responding to the smell of natural gas at 7232 Byron-Holley Road.

A first responder reports the strong smell of natural gas in the area and another fire official asked for dispatch to contact RG&E. "We've been here numerous times," he said.

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A 16-year-old girl from South Byron has been charged with disorderly conduct. She is accused of yelling obscenities from her front yard after being asked repeatedly to stop. She was jailed on $250 bail.

Tyler J. Henderson, 20, of Batavia, is charged with unlawful possession of alcohol by a person under 21. Henderson was ticketed by State Police on Sumner Road in Darien.

A 16-year-old from Alexander is charged with trespass. The boy was arrested by State Police in East Bethany.

Kyle Christopher Monroe, 20, of 4036 W. Main St. Road, Batavia, is charged with criminal possession of stolen property in the 4th degree and criminal possession of stolen property in the 5th degree. Deputy Sanfratello stopped Monroe for allegedly operating his car without headlights on Route 63 in front of Tops Market at 12:30 a.m. on Oct. 24. The vehicle was a 1997 Dodge Caravan, which had been reported stolen in the City of Batavia on Oct. 21. The license plates were reportedly stolen from another vehicle parked at GCC on Oct. 22. Monroe was jailed on $5,000 bail. He was also charged with unlicensed operation, switched plates, unregistered motor vehicle, uninspected motor vehicle and operating without insurance.

Matthew Ryan Smith, 18, of 1705 Lewiston Road, Alabama, is charged with unlawful dealing with a child. Smith is accused of hosting an underage drinking party on Oct. 12 at his residence. He was arrested at 12:04 a.m. today.

A 16-year-old from Byron has been charged with unlawful possession of marijuana. She was arrested after a K-9 alert on her car while it was on Byron-Bergen High School property during a narcotic sniff sweep of the western parking lot. The arrest was made by K-9 Deputy Brian Thompson.

A bull is loose in Byron. Reportedly, two people have been injured. Ambulances have been dispatched and Mercy Flight is on stand by. We don't have an exact location yet.

UPDATE (10:19 a.m.): A landing zone is being set up for Mercy Flight at 6369 Cole Road. That's between Byron Holley and Mud City roads.

A man is reported to be injured with a head laceration and broken ribs. He is conscious and alert.

UPDATE (10:29 a.m.)(Billie Owens): Mercy Flight out of Batavia has landed at the southwest corner of the property.

UPDATE (10:37 a.m.)(Billie Owens): One man is being taken via Mercy Flight to Strong Memorial Hospital in Rochester. Another is being taken there in an ambulance.

The landowner is reported to have given the men permission to enter the property to cut wood prior to the accident. There were 15 to 20 cows grazing at the time, but the landowner did not know a bull was in there, too.

UPDATE (10:50 a.m.)(Howard Owens): Contrary to the initial reports, the bull did not escape. He stayed within his fenced field throughout the incident.

If elected, he will not serve.

Byron Town Supervisor Tom Felton announced at a recent Town Board meeting that even though he's a candidate for another two-year term as supervisor, he's decided he's done with town politics.

"Over the last few weeks, there have been a series of events that have discouraged me greatly with this position," Felton said in a statement he wanted read into the record of the meeting minutes.  "In order to combat the negativity of a handful of individuals in the Town, I will need to spend considerably more time defending the half truths and misinformation that this group has the time to spread in the community."

Fellow board member John Ivison said that he didn't want to speak for Felton -- who was not available for comment this morning -- but among the issues that have come up recently is some people in town are saying there's a move afoot to consolidate with Byron and Elba.

Ivison said two board members from each of the towns have met three times in 2008 to share information about how the towns operate. Topics have included how to deal with snow plows, infrastructure, planning and budgeting.

The meetings, he said, were purely information sharing and not designed to start a discussion about consolidation.

"It's been blown out of proportion by a few people," Ivison said.

The big issue, as Ivison sees it, is that this kind of small-town politics is what keeps talented and capable people from serving on town boards.

Felton, a bank vice president, was picked to fill a vacancy on the town board three years ago. Then, when the Supervisor position became vacant mid-term, he was appointed to that position.

In his statement, Felton said he wasn't an eager candidate for another two-year term from the beginning.

"Earlier this year, I met with the Republican committee and hesitantly agreed to fill another two-year term, if and only if they could not find anyone else qualified for the position," Felton said. "After our meeting, I was endorsed by this group. Since that time another individual has expressed his interest in the position, and as you know, both he and I will be on the ballot in November. "

If Felton wins the race, he said, the board will have to appoint a replacement. He will not serve as supervisor in 2010, he said. Rather than deal with the politics of the position, Felton said he would rather spend more time with his family and on his career.

Full statement after the jump:

Those who pay close attention to the arrest reports on The Batavian will recognize the name Nicholas Jacob Ridge Adkins, 18, of 6954 Swamp Road, Byron.

Adkins has made two previous appearances in our crime reports. First in July when he was accused of burglary for entering a neighbor's house and allegedly stealing stuff, and again in August when he was arrested along with four other young men and charged with criminal mischief for allegedly causing $3,500 in damage to a rental property.

He was scheduled to appear in court today for a sentencing.  I don't know what happened in court. I couldn't make it because of prior appointments.

I do know that Adkins was arrested again last night for allegedly taking the vehicle of another person without permission.

Adkins was arrested by Investigator Weis and Sgt. Brian Frieday. No further details of the case are available.

Mitzie Collins and "Striking Strings", the Hammered Dulcimer Ensemble of the Eastman Community School, will be performing at the Byron Presbyterian Church on Sunday, October 4, at  2:00 PM.  The concert is free to the public, but there will be a free-will offering to support the Ensemble.  Refreshments will be served after the concert. 

Mitzie Collins is a world-renowned recording artist, performer and teacher.  She is currently on the faculty of the Eastman Community Music School in Rochester.  The Hammered Dulcimer Ensemble is composed of Mitzie's students.  Mary Ann Blair, one of the Ensemble members, is a member of the church, and made the arrangements for the concert. 

The church is just west of the intersection of Route 237 and Rt. 262 in the center of Byron.  For more information, please call 548-2800 or visit www.byronfpc.org.

Here is more detailed information about "Striking Strings", from one of their press releases: 

Striking Strings, the Eastman Community Music School Hammered Dulcimer Ensemble, was created in January of 2008 under the direction of Mitzie Collins.  Composed of students from the group classes that Collins has taught through the Eastman Community Music School and professional and amateur players from the community, the ensemble is has quickly won fans through its many performances in the Rochester area.   Hammered dulcimer ensembles, encompassing rhythmic and tuneful combinations not possible on a single instrument, are rare in the United States, but common in other parts of the world.   This group is modeled after hackbrett ensembles in Germany and yangqin ensembles in China.  Under Collins’ direction, the group is exploring a wide repertory that includes traditional dance tunes and classical compositions.  The Ensemble has performed at the Gardenscape at the Dome Arena, the Caledonia Presbyterian Church, Trinity Episcopal Church, Kilbourn Hall at the Eastman School, two private weddings, the Heart of the Alleghenies Festival in Bradford Pennsylvania,  The Harley School, The Genesee Country Village Fiddlers Festival and The Golden LInk Folksinging Society .  The Ensemble plans a number of appearances in the community during the 2009 holiday season. 

The director of the ensemble,  Mitzie Collins,  is widely acknowledged to be a leader in the revival of the hammered dulcimer.  A historian of the instrument, as well as a teacher and performe r,  she has made more than 30 recordings.   Some of her most popular discs are "Sacketts Harbor:  Historical Dance Music of Western New York State",   "St Patrick's Day in the Morning:  Music of Irish Inspiration";  and "Nowell  Music for the Christmas Season".    Collins teaches world music and hammered dulcimer through the Eastman Community Music School.  She received her bachelor of music with a piano performance major and her masters in music education from the Eastman School of Music. 

The group currently has ten members, but it is growing as more players audition to join the infectious enthusiasm of the group.  

Press Release:

After researching financial aspects, location possibilities and public support, the Byron Bergen Public Library Board (BBPL) has concluded that absorbing full financial responsibilities for the library location at the Gillam Grant Community Center is not viable given current level of funding. The library location in the Village of Bergen will continue to remain open.

At the beginning of the year the Gillam Grant Community Center approached the BBPL Board indicating that they would no longer be able to host the library at their location without financial support from the BBPL. The Gillam Grant Community Center had provided staffing and space for the library to operate in their location. With expected cutbacks in county and local funding the BBPL is not able to take over these expenses. 

After review of public input and discussions with local funders, the BBPL will focus efforts on the Bergen village location to provide programmatic outreach to community members. For more information about the Byron Bergen Public Library, visit www.bbplibrary.wordpress.com.

Wet pavement is most likely to blame for a one-motorcycle accident that took the life of a Byron man late Saturday afternoon.

Kevin P. Stearns, 29, of 7862 Byron Road, Byron, was pronounced dead at the scene by County Coroner Jack Taylor at 5:55 p.m..

Stearns was reportedly driving his 1995 Honda motorcycle eastbound on the Thruway near mile marker 402, just east of Exit 48-A in Pembroke, when he moved from the passing lane to the right to pass another vehicle. The bike reportedly skidded out of control and hit a guard rail.

Neither speed nor alcohol were a factor, according to a State Police spokesman, who described the roadway as slick with rain at the time.

The accident occurred at 4:50 p.m.. No other vehicles were directly involved.

Joseph Kyle Loveland, 26, of 665 Niagara Falls Blvd., Amherst, is charged with harassment. Loveland allegedly punched another person in the face while at Chestnut Ridge Country Club in Darien at about 6:30 p.m. on Saturday. The victim was reportedly treated at the scene and declined transportation to a hospital. Loveland was issued an appearance ticket. The incident was investigated by Sgt. Greg Walker.

Pamela A. Loughridge, 41, of 5630 Buffalo Road, Apt. 5, Churchville, is charged with DWI, aggravated DWI with a BAC of .08 or greater, aggravated unlicensed operation of a vehicle and moving from the lane unsafely. Loughridge was stopped at 6:04 p.m. yesterday by Deputy Chad Minuto on Route 237 in Byron.

Justin J. Jaszko, 30, of 8087 Kelsey Road, Batavia, is charged with criminal trespass. Jaszko allegedly entered the residence of his child's mother in Oakfield and refused to leave. The alleged incident occurred Friday morning at 8:45. Deputy Christopher Parker handled the call.

Ann M. Burgler, 49, of 6592 Royal Parkway, Lockport, is charged with DWI, DWI with a BAC of .08 or greater and failure to keep right. Burgler was stopped by Deputy Kevin McCarthy on Route 5 in Pembroke at 2:54 p.m. on Saturday.

Adam M. Gaylord, 29, of Byron, is charged with DWI, operating a vehicle with a BAC of .08 or greater and criminal possession of a weapon. Gaylord was stopped by State Police on Chapel Road in Elba at 10:50 p.m. on Friday.

Stephen L. Nichols, 33, of New York City, is charged with DWI and DWI with a BAC of .08 or greater. Nichols was stopped by State Police in Pavilion at Route 63 and Route 20 at 2:50 a.m. on Saturday.

Elba/Byron-Bergen 28, Pembroke 6
Elba/BB was lead by Tess Schramm, who had 20 carries for 93 yards and two TDs, and Pete Pryzbl, who carried the ball nine times for 50 yards, scoring one TD. For Pembroke, Josh Phillips had 28 carries for 119 yards and one TD.  Elba/BB is now 2-2 and and Pembroke is 0-4.

Attica 30, Barker 12
Brandon Rolling passed for 127 yards, including a 77-yard TD pass to Matt Perry in the third quarter. Brad Clark rushed for 95 yards on 20 carries.  Zack Fleiss connected for a 32-yard field goal in the first quarter. Fleiss also scored on a 27-yard TD run in the second quarter. Overall, Fleiss accounted for 12 points.

East Irondequoit Eastridge 66, Batavia 7
Batavia scored first when Joe Canzoneri connected with Mitch Francis on a 10-yard TD pass. The rest of the game was all EIE. Akil Sanders rushed for 183 yards on 15 carries.

Previous Coverage

• Holley continues making team history beating Alexander for fourth-straight win
• Only in OT is Notre Dame able to preserve its unbeaten record against Oakfield-Alabama

Week 5 Games:

Friday -  Batavia (0-4)  vs. Bishop Kearney (4-0)
Friday - Attica (3-1) vs. Oakfield-Alabama (1-3)
Saturday - Holley (4-0) vs. Notre Dame (4-0)
Saturday - Elba/BB (2-2) vs. Alexander (2-2)
Saturday - Pembroke (0-4) vs. Barker (0-4)

The Batavian will cover Attica vs. Oakfield-Alabama and Holley vs. Notre Dame.

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A motorcyclist who apparently lost control of his bike on Swamp Road in Byron last Wednesday has died as a result of injuries sustained in the accident.

Thomas Legler, 49, of North Byron Road, Elba, died at Strong Memorial Hospital.

Legler was reportedly wearing a helmet, but it was not a Department of Transportation-approved safety helmet.

Deputies investigating the accident concluded that speed was a factor, but there is no evidence Legler was drinking prior to the accident.

An Elba man is in critical condition at Strong Memorial Hospital following a single-vehicle motorcycle accident on Swamp Road in Byron this afternoon.

Thomas M. Legler, 49, was reportedly not wearing a DOT-approved helmet when he apparently lost control of his bike around 3:34 p.m..

The initial investigation indicates that Legler was westbound on Swamp Road when he failed to navigate a sharp turn in the roadway. His 2003 Harley Davidson crossed the double-yellow line and then skidded on its side, exiting the roadway on the south shoulder. Legler was ejected from the motorcycle.

There were no passengers.

Speed is believed to be the primary factor in the accident. Alcohol is not considered a factor.

Legler was transported to Strong via Mercy Flight.

The investigation is ongoing and being handled by Deputy Butler, Sgt. Walker and Sgt. Scott of the Genesee County Sheriff's Office Crash Management Team.

September 15, 2009:  Today at 4:15 P.M., the Elba-Byron Bergen Lancers
Modified Football Team began their season with an exciting scrimmage against Barker.

The team is made up of seventh and eighth graders from Elba and Byron-Bergen schools.  These kids have been working hard every day,  except
Sundays, practicing for hours and it looks like they are banding together as "A Force To Be Reckoned With."

The first touchdown of the year was made by #5, Chad Bobzin, a seventh grader from Byron-Bergen.  He plowed his way through a wall of gray jerseys to bring in the first score of the season.

Good Luck to our local boys and make sure you catch a game this year.