Skip to main content

Darien

Two-vehicle accident reported on Route 77 at Sumner Road

By Howard B. Owens

A two-vehicle accident, with one vehicle in a ditch and one car blocking is reported at Alleghany Road and Sumner Road, Darien.

Darien fire and Darien ambulance responding.

There are six patients -- so far no serious injuries reported -- so two ambulances required.

UPDATE 4:30 p.m.: Alexander fire's ambulance requested to the scene.

UPDATE 4:49 p.m.: One patient is being transported to ECMC. One patient is a sign-off. Three are refusals.

Drunk driver in fatal Darien hit-and-run found guilty on all counts

By Lauren Leone

20190702_181653.jpg

Jennifer L. Serrano, 48, of Irving, was convicted this afternoon of vehicular manslaughter, leaving the scene of an accident without reporting, driving while intoxicated, and aggravated unlicensed operation of a motor vehicle at the conclusion of her six-day trial.

After less than three hours of deliberation in Genesee County Court, jurors rendered a unanimous guilty verdict on all four counts.

Serrano stood trial for killing 18-year-old Connor Lynskey with her Jeep Wrangler last August as both individuals traveled along Sumner Road in Darien after a concert at Darien Lake Performing Arts Center.

The decision came shortly after the jury requested to review Deputy Robert Henning’s body camera footage, which captured Serrano participating in field sobriety tests and refusing an Alco-sensor test. This video appeared to be a deciding factor that helped refresh jurors' recollections of early evidence in the case and expedite their verdict.

Defense attorney Frank LoTempio spoke about his client’s disappointment upon receiving the verdict.

“We didn’t receive one decision in our favor," LoTempio said. "The cards were kind of stacked up against us. But, the jury rendered their verdict, and we live with that."

LoTempio said that the trial’s proximity to the July 4th holiday may have contributed to the quick verdict, and defense counsel may potentially appeal the case.

After his court victory, District Attorney Lawrence Friedman expressed his satisfaction with both the verdict and the case he presented to jurors. He commended the Lynskey family for seeking justice for Connor’s death.

“They’re strong people,” Friedman said of the Lynskeys. “They were here for every single court appearance no matter how minor it was. They made a six-hour round trip for every court appearance.”

“Even when the testimony or the evidence was certainly unpleasant for them, they were here," Friedman said. "I’m sure it was a very difficult thing, but it was obviously something that they needed to do. They got through it, and I’m sure that they’re glad that they were here."

Serrano faces a prison term of four and two-thirds to 14 years upon sentencing. Judge Charles Zambito adjourned the court awaiting Serrano’s sentencing at 9:30 a.m. Aug. 19 in Genesee County Court.

20190702_181734.jpg

Top photo: The mother of Connor Lynskey, Donna, leaving court after the verdict, with Lawrence Friedman. Bottom photo, his father, Michael Lynskey. Photos by Lauren Leone.

Accident reconstructionists attempt to place Darien hit-and-run victim at exact location of impact

By Lauren Leone

District Attorney Lawrence Friedman called two rebuttal witnesses this afternoon, who are both accident reconstructionists, to provide insight about the precise location of 18-year-old Connor Lynskey when he was struck by alleged drunk driver Jennifer Serrano last August in Darien.

Expert James Orr testified in order to explain his findings based on police photographs and investigation measurements from the accident scene. Orr’s rationale for the absence of tire marks in the gravel along the edge of Sumner Road is that gravel will not be disturbed unless sudden maneuvering or braking occurs.

A photograph of what is purported to be Lynskey’s footprint was revisited numerous times today in court. The image, according to Orr, depicts a heel print in the gravel and the top of the foot pivoting out of the frame. Orr said this pivot represents Lynskey’s right foot as the left side of his body rotates in the direction of the vehicle upon impact. Orr said no debris of any kind could make that type of mark. 

"Using the debris field that was found primarily on the shoulder, gravel and grass, jurors will determine whether Lynskey was positioned in the traffic lane or if Serrano’s vehicle left the roadway.

Orr said that debris in accident scene photos may indicate that broken pieces from the vehicle's exterior made contact with Lynskey’s body at the point of impact.

Defense attorney Frank LoTempio asked Orr how he could know the exact collision location if he had relied on photos taken by Genesee County Sheriff's Office Investigator Chris Parker, who admitted he could not recall the precise location of gravel disturbance. Orr remained confident in his assertion that Lynskey was located on the shoulder at the time of impact. 

Jon Northrup, the second expert who testified today, reviewed police measurements and photos, and calculated pedestrian formulas when conducting his investigation. Northrup extended the angle of Lynskey’s slide path back to the shoulder and edge of the road to estimate Lynskey’s position.

Northrup testified that Lynksey flew 12 feet in the air upon collision and slid 18 feet through vegetation, a total distance of 30 feet from strike to resting place. Northrup predicts that Serrano’s vehicle was driving on the shoulder approximately 2.5 feet off the edge of the road.

Northrup said Lynskey’s footprint and contact with the vehicle’s windshield are not consistent with Lynskey tripping into the path of Serrano’s Jeep. He said that Lynskey was upright when he was struck.

Northrup disagreed with Thomas C. Onions, an accident reconstructionist called by defense counsel, about his findings related to vehicle speed and visibility. Northrup claims Serrano's vehicle was traveling faster than 37.5 miles per hour and its headlight visibility was over 150 feet.

Orr and Northrup agreed that photo evidence from the accident scene that was collected by investigators could have been more conclusive had they made better photographs of the alleged footprint and debris field. They said accident reconstruction experts are trained to observe evidence that officers may not look for. 

Orr and Northrup each conceded there is no way to determine the precise vehicle speed or location of Lynskey upon impact because pedestrian calculations are only accurate for full-body hits, not partial strikes. 

Serrano is facing charges of vehicular manslaughter, leaving the scene of an accident without reporting it, driving while intoxicated and aggravated unlicensed operation of a motor vehicle. 

Jurors will be informed of the legal specifications of each of the four counts tomorrow at 9 a.m. in Genesee County Court.

All American Food Fest at Six Flags Darien Lake offers speciality craft food items in July

By Billie Owens

Press release:

Darien Center – Six Flags Darien Lake, the “Thrill Capital of New York State,” is flexing its culinary prowess and celebrating America by featuring specialty food and beverage menu items during All American Food Fest.

Park eateries will offer limited time items like Red, White and Blue Funnel Cake, Gourmet Tater Tots, Pulled Pork Mac 'n' Cheese Twister Fries, a number of summer-themed beverages and many more. 

“All American Food Fest brings an exciting twist to the great food we know and love,” said Park President Chris Thorpe. “Here in Western New York food is a big part of any family outing and the new menu items are going to be a fantastic addition to the traditional theme park food we currently offer. I personally cannot wait to try the Gourmet Tater Tots!”

Specialty Craft Food Items:

  • Pulled Pork Mac 'n' Cheese Twister Fries/Sandwich/Nachos
  • Gourmet Tater Tots
  • Red, White & Blue Funnel Cake/Churros 
  • Roasted Corn on the Cob – Siracha & Beer Butter/Bacon & Basil 
  • Chicken & Waffle Sandwich 
  • Turkey Burger Sliders
  • Buffalo Chicken Pizza
  • Mango Soft Serve 
  • Sparkling Ice Cream Sandwich 
  • Confetti Cotton Candy 

Guests can try eight items by purchasing a Festival Card at the park for $34.99 or $29.99 online. These new menu items will be available July 3-8, July 11-15 and July 18-21 from 11:30 a.m. to 8:30 p.m. at the following locations: 

  • Beaver Brother’s Lakeside Café Patio Bar
  • Busted Barrel Saloon 
  • Custard’s Last Stand 
  • Dippin Dots Stand
  • Funnel Cake
  • Jo’s Eatery 
  • Pizza in the Square
  • Prospector’s Pizza
  • Pretzel Fried Dough 
  • SkyScreamer Carts 
  • Viper Complex

Six Flags Members will receive their member discount when purchasing a Festival Card at the park. All Season Dining Pass Holders can exchange a meal and snack to purchase a Festival Card for $10. 

Six Flags 2019 Memberships and Season Passes are now available. Members can enjoy priority park entry, preferred parking and tremendous discounts of up to 50% on nearly all food and merchandise purchases all season long.

Gold Plus, Platinum, Diamond and Diamond Elite levels are available featuring all the perks of a Season Pass plus other benefits including admission to all Six Flags branded theme and waterparks, skip the line passes, unlimited soft drinks and much more!

For more information, visit the Membership Sales Center or go online to sixflags.com/darienlake and sign up.

About Six Flags Darien Lake 

Six Flags Darien Lake’s wide variety of entertainment and top-notch thrill rides has made it the Coaster Capital of New York since 1964. Located 45 minutes from Niagara Falls between Buffalo and Rochester, today the park boasts more than 50 rides, including seven world-class roller coasters, dozens of family rides, the region’s largest water park and a 20,000-seat amphitheater operated by Live Nation.

The park is open until Oct. 27 and welcomes overnight guests in a wide range of accommodations — from a full-service hotel and modern cabins to rental RVs, and RV and tent campsites. 

About Six Flags Entertainment Corporation

Six Flags Entertainment Corporation is the world’s largest regional theme park company with $1.5 billion in revenue and 26 parks across the United States, Mexico and Canada. For 58 years, Six Flags has entertained millions of families with world-class.

Serrano case expert: victim invisible on dark road without shoulders, alcohol maybe had 'nothing to do with it'

By Billie Owens

The sole witness to testify Friday morning in Genesee County Court in the fatal hit-and-run case of Jennifer L. Serrano was Thomas C. Onions, an accident reconstruction expert hired by the defense.

Connor Lynskey, 18, was walking to the Darien Lakes State Campground following the Jason Aldean concert last summer; Serrano, who also attended the concert, was en route to a friend's house at the time of the accident on Sumner Road.

The witness said he: reviewed all of the materials -- reports, cell phone records, videos and photos -- gathered by investigators; visited the Darien site where Lynskey's body was found late in the morning Aug. 11; and took measurements to gauge the accuracy of those contained in Sgt. Jason Saile's investigation report.

In addition, Onions said in order to completely understand the case, he studied: the case file of Serrano's co-counsel Jack M. Sanchez; the Monroe County Medical Examiner's abstract; the deposition of Deputy Robert C. Henning (who arrested Serrano on a drunk-driving charge after she nearly struck his patrol car on Route 77 in the early morning Aug. 11); and the Darien Town Court's subsequent notice of temporary suspension of Serrano's NYS driver's license; search warrants; the Genesee County Grand Jury indictment; deposition of witness and passenger Candace Gilden; and vehicle specs for the defendant's Jeep Wrangler.

Attorney Frank LoTempio asked what he had determined about the accident and Onions said that Sumner Road at the time was unlit and dark, and had virtually no shoulders -- they measured from 1.2 inches to 5 inches in width, and were comprised of mixed gravel. Some grass is found beyond that, and cornfields. The two paved lanes total 22 feet across -- one lane is 10.8 feet, the other 11.2 feet wide.

Onions said Serrano was driving eastbound and that Lynskey was walking westbound in the eastbound lane, which would be in accordance with NYS traffic law that requires pedestrians to walk on the left side of the road, when there are no sidewalks, facing oncoming traffic.

This contradicts an allegation made on Thursday by LoTempio that Lynskey was possibly in violation of NYS Vehicle and Traffic Law 1156b, since the landing spot of Lynskey’s body indicated he may have walked or jogged in the same direction as Serrano’s Jeep.

The point of impact is unclear.

Sgt. Saile's report, while noting an 87-foot debris field along the road, shoulder and adajcent land, found no evidence of tire marks in gravel to indicate the actual point of impact; nor were sneaker scuff marks found to indicate the direction of impact.

"They documented everything," Onions said of the Crash Management Team." (Saile) knew enough to look for sneaker scuffs that could indicate the point of impact. He didn't find any. ... There is no evidence to indicate the vehicle ever left the road."

Because of this, Onions said it is his contention that the impact occurred on the roadway -- that Lynskey was walking in the roadway.

On a display of the area shown to the jury on a large monitor, Onions pointed to a streak of flattened terrain marking where Lynskey's body slid south in a parallel line from the roadway after being struck, and bits of debris were strewn eastward.

The "total station measurements" taken by Sgt. Saile were pronounced accurate by Onions.

Serrano, who stood politely without prompting each time the jury entered and exited the courtroom, put on her distance eyeglasses to better see Onion's presentation, although she could not see the monitor herself.

Next a photograph purported to be a footprint or disturbed gravel was put on view.

Onions testified that it "could be typical of anything you could see in a mile stretch of gravel" along Sumner Road. He further maintained that if it were indeed a footprint, it had nothing to do with the accident. If it did there would be a tire track over it, he said, and there wasn't.

"If that's debris by it, the accident would have had to occur elsewhere. If it's a footprint, it could be anybody's," Onions said.

Next they considered the formula for how far the "throw" is for a human body depending on the speed a vehicle is traveling, which, when calculable, is made using the "Searle formula." It is determined by the degree of friction on a pedestrian and the total "flight distance" traveled/slid/thrown to the final resting place, in this case, a ditch.

Onions said he projected the distance that Lynskey's body traveled to be 60 feet from the roadway and he calculated that there is no scientific evidence to support that Serrano was traveling greater than 37.5 mph.

When Lynskey was struck on his right side, his body rotated after hitting the right side front fender, which caused the cover over the tire to become dislodged. His head is believed to have struck and cracked the windshield, damaging its supporting side post. Then he slammed against the right front side mirror, smashing it against the vehicle, before the trajectory away from the vehicle.

And yet Onions testified it was "iffy" and "on the line" as to whether or not this was a "full impact" crash.

In order to react to avoid a collision, the driver or pedestrian needs to be able to see -- something in the roadway, the oncoming traffic. In darkness, clothing that is light and/or reflective helps. If the road is unlit and the pedestrian is wearing dark clothes, as Lynskey was, he becomes invisible.

"You disappear," Onions told the jury.

He said the average person can see a pedestrian walking at a distance of 80 feet away. Traveling the speed limit on Sumner Road of 55 mph, that's roughly 80 feet per second. If Serrano was traveling at 37.5 mph and no more as Onions contends, that's still 55 feet per second -- or less than 2 seconds to react, on average.

"If you look at your speedometer for 1 second it may make all the difference in the world," Onions said.

Intoxication is another consideration.

Lynskey's BAC was determined by a Monroe County coroner to be .16, twice the legal limit. Serrano's BAC at the time is undocumented.

Deputy Henning reported that Serrano failed multiple parts of a field sobriety test after he stopped her vehicle on Route 77. The officer attempted a roadside Alco-sensor test but after Serrano blew once and it didn't register a reading, she wouldn't blow again. She also refused a Datamaster test at the Batavia Police Station and she refused three separate requests to submit to the test at Darien Town Court.

"It's very possible," Onions testified Friday, "that intoxication had nothing to do with it."

On this road with this shoulder, could (a pedestrian) tripping be a factor?" LoTempio asked his witness, who replied "yes."

Serrano, wearing dark pants, a black knit top and vivid blue sweater with a ruffled front, seemed to pay close attention to the proceedings as did all of the jurors, a panel of five men, seven women, and four alternates, who all appear to be caucasian but range widely in age.

Friedman then cross-examined Onions, eliciting from him that his payday for his efforts on behalf of the defense so far stands at about $8,000.

"Is it fair to say that if your conclusions didn't help the defendant you would have earned less?" Friedman asked.

"That's a true statement," Onions said.

In deconstructing the expert's curriculum vitae, Friedman pointed out that several of the state and national organizations that Onions claims he belongs to either do not list Onions as being a member, or his membership or certification expired years ago, or the organization is no longer viable, and in one case it was found to have granted membership for a fee to a person's cat.

The DA also noted that some crash test dummy testing that Onions boasts of performing was conducted in 1999 and involved an adult dummy in a wheelchair with a dummy child, and now-outmoded test equipment, vehicle materials and safety features.

From there, the district attorney tackled night visibility, asking whether pale, caucasian legs in shorts could increase visibility of the wearer. The response was no, but Friedman clarified it, saying visibility "assumes the driver is paying attention."

"Yes," Onions allowed.

But "you don't know if (Serrano) was paying attention," Friedman said, asking if the witness had ever spoken to his boss, the person he's working for, and Onions admitted he never has.

The fact cited earlier in the morning about the average driver being able to see a pedestrian 80 feet away, based on visibility studies by Dr. Paul Olson, was also not allowed to go unchallenged.

The DA said the study is dated -- from the early '80s -- and subsequent findings indicate that 50 percent of drivers can see a pedestrian at night 150 feet away. More recent studies put a visibility figure of 175 feet for pedestrians in dark clothes, 700 feet for those with light-reflective clothing on.

Modern halogen headlamps provide 151 to 178 feet of visibility, and on an unlit darkened road, Serrano should have been driving with high beams on (if there's no oncoming traffic). When asked, Onions said he did not know if Serrano had her high beams on that night.

Friedman also took Onions to task on his "body throw" measurement using the Searle formula, which cannot be used to calculate speed when there is an "iffy" partial or "noncomforming impact" in terms of body vs. vehicle.

"There is NO EVIDENCE to support ANY speed," Friedman said, and in fact, Serrano could have been going faster than the 37.5 mph Onions said is the limit supported by science.

From there, the DA quizzed the expert on his scientific basis for doubling the body throw trajectory -- from 30 to 60 feet.

Friedman said there's a cornucopia of factors from visibility and distance and rain and geography to type of headlamp and snowfall, in other words "there is no one size fits all," despite what Onions would like the jury to believe.

Moving along, the DA questioned why there is no mention of any alcohol consumption by Serrano in Onions' report.

Onions said it was not an issue.

With clear incredulousness in his voice, Friedman said her intoxication and driver's reaction were already testified to in this case.

Passenger Gilden's statements about their consumption of alcohol was also left out of Onions' report, the DA noticed.

Onions took pains to note that there was nothing to indicate swerving, loss of control or speeding, no tire marks, disturbed gravel or skids marks.

"No one said she swerved," Friedman said, as if puzzled by the point of those assertions.

In fact, there was no vehicle testing done on the roadway and therefore no scientific evidence to say Serrano didn't drive the entire length of Sumner Road along the shoulder.

"There is no evidence that she was in or out of her lane," Friedman said, and Onions conceded the point.

Serrano is charged with vehicular manslaughter, leaving the scene of an accident without reporting it, driving while intoxicated, and aggravated unlicensed operation of a motor vehicle.

The case resumes at 9 a.m. on Monday, July 1.

Accident reconstruction of fatal Darien hit-and-run builds tension during Serrano trial

By Lauren Leone

Defense counsel called its first witness, Sgt. Jason Saile from the Genesee County Sheriff's Office, to testify about the motor-vehicle accident reconstruction that he conducted Aug. 11 after a hit-and-run accident in Darien that killed 18-year-old Connor Lynskey. 

Saile said his assignment was to document the evidence found at the accident scene on Sumner Road and draw conclusions about the vehicle-pedestrian collision based on his certification in accident reconstruction.

In Saile’s accident reconstruction report, he noted that the only environmental factor that may have influenced alleged drunk driver Jennifer Serrano was decreased visibility due to the darkness of the unlit road. Otherwise, Sumner Road was clear, dry and its pavement relatively even.

When defense attorney Frank LoTempio asked whether intoxication played a role in the accident, Saile responded with, “Absolutely.” The sargeant maintains that alcohol consumption around the time of the Jason Aldean concert at Darien Lake Performing Arts Center affected the perception of both pedestrian Lynskey and driver Serrano as they departed the performance. 

Saile also attested to the fact that the crash data reporter in Serrano’s Jeep did not detect any signs of heavy braking, swerving or a change in velocity as she traveled along Sumner Road. Her vehicle, according to Saile, never slowed down or maneuvered at any point before or during the impact with Lynskey. 

Earlier testimony from Nathan Balduf, deputy and motor-vehicle inspector with the Genesee County Sheriff’s Office, offered that there were no vehicle mechanical failures in relation to the accident. Saile testified that no skid marks from Serrano’s vehicle were observed on the pavement or gravel shoulder.

Lynskey’s behavior on the night of his death was brought into question before jurors. LoTempio alleged that Lynskey was in violation of NYS Vehicle and Traffic Law 1156b, which states pedestrians must walk against the direction of traffic where sidewalks are not provided. The landing spot of Lynskey’s body indicated he may have walked or jogged in the same direction as Serrano’s Jeep.

A diagram of the accident scene on Sumner Road was also produced by Saile during his investigation. Although Saile reported an 87-foot debris field along both the road and the shoulder, the sergeant said it was difficult to determine the exact location of impact due to the unknown velocities of both Lynskey and Serrano. 

Saile also testified he is uncertain of his initial finding that the collision occurred on the pavement rather than on the shoulder. This discrepancy evoked emotion in Frank LoTempio, who remarked in his opening statement that Lynskey may have been hit because he was intoxicated and tripped on the pavement in front of Serrano’s vehicle. 

Tensions peaked when District Attorney Lawrence Friedman objected to questioning about a footprint found in the gravel and the possibility of Lynskey falling. Friedman argued LoTempio did not establish evidence or expertise for Saile to testify that Lynskey tripped. 

LoTempio insisted the sergeant could speak to the evidence he used when preparing his motor-vehicle accident reconstruction. The attorneys grew so animated that Judge Charles Zambito excused the jury for a 10-minute adjournment and called a bench conference. 

Serrano is charged with vehicular manslaughter, leaving the scene of an accident without reporting it, driving while intoxicated and aggravated unlicensed operation of a motor vehicle. Jurors will attempt to reconstruct the accident scene for themselves as the trial continues at 9 a.m. tomorrow in Genesee County Court.

Deputy testimony during fatal Darien hit-and-run trial sparks controversy over sobriety tests

By Lauren Leone

Genesee County Sheriff's Deputy Robert C. Henning took the stand today and recalled details about his arrest of alleged drunk driver Jennifer Serrano the night of a hit-and-run accident in Darien that killed 18-year-old Connor Lynskey of Hinckley last August. 

District Attorney Lawrence Friedman conducted a direct examination of the deputy in Genesee County Court today. Henning said that at approximately 1 a.m. on Aug. 11, he was traveling northbound on Route 77 to the county jail with an inmate who had just been arraigned in Darien Town Court.

Henning said that if Serrano's Jeep Wrangler had stayed on the shoulder of the road after she backed out of a driveway, he would have driven past her. However, the Jeep suddenly pulled onto Route 77 in front of the deputy's vehicle, which caused him to slam on his brakes to avoid a collision and swerve into the southbound lane of 77.

The deputy said he turned on his emergency lights and pulled over the Jeep moments after the near-collision. Serrano would have been charged with a minor traffic violation until Henning suspected she was impaired. Henning said he observed Serrano’s glassy eyes, slurred speech and a strong odor of alcohol on her breath.

Both Friedman and defense attorney Frank LoTempio entered Henning’s body camera footage into evidence so jurors could evaluate Henning and Serrano’s behaviors for themselves. Videos showed Serrano’s difficulty exiting her vehicle and maintaining her balance as she met Henning behind her vehicle.

Henning’s testimony revealed that Serrano’s statement to him about her whereabouts on Aug. 10 was not accurate. She said she traveled from Silver Creek, near Angola, to pick up her friend Candace Gilden from the Jason Aldean concert at Darien Lake Performing Arts Center. In reality, Serrano drove from Derby to the Town of Darien to also attend the concert. 

Henning said he could understand almost everything he was told by Serrano during the investigation. Friedman raised the question of whether Serrano’s alleged intoxication decreased her understanding of Henning’s directions. Serrano repeatedly asked about contacting family members, going to her friend’s home, and what was going to happen to herself and her vehicle. 

The deputy consistently answered her questions with the same answers, yet Serrano continued to ask them. In the body camera footage, Serrano also appeared to struggle with the instructions and sobriety test demonstrations given to her several times by Henning.

Henning testified that Serrano failed her "horizontal gaze nystagmus test" in which he moved a writing pen in front of Serrano as she attempted to follow its tip at different angles with her eyes.

During the walk-and-turn test, Serrano started the test too soon, raised her arms for balance and needed assistance to stay upright. Serrano did not walk heel to toe in a straight line, nor did she pivot correctly while turning nor take enough steps. Serrano therefore failed the test -- both when she wore flip-flops and while walking barefoot.

Serrano also failed a test where she was asked to raise her foot off the ground for half a minute, because she swayed, raised her arms for balance, and set her foot down before reaching 30 seconds. 

Henning said that when he asked Serrano to perform the alphabet from letter E to R, she failed to follow his instructions because she recited E through S before remembering she only needed to recite through R. LoTempio argued that his client performed the test correctly regardless of the small mistake.

Serrano lastly needed to blow into an Alco-Sensor breath-alcohol tester for a duration of time in order for an accurate blood-alcohol content reading to register. Since Serrano’s first test was insufficient and she avoided several attempts to submit to the test afterward, Henning placed her under arrest. 

During testimony today, Henning said Serrano also signed three refusal warning forms at the Batavia Police Department for refusing to submit to a DataMaster alcohol detection test in Batavia. She was later taken to Darien Town Court where her driver's license was suspended and then released from custody with tickets for allegedly drinking while intoxicated.

Serrano was charged with vehicular manslaughter, leaving the scene of an accident without reporting it, driving while intoxicated, and aggravated unlicensed operation of a motor vehicle. 

Serrano never reported hitting anything during the four-and-a-half hours she was in the presence of Sheriff’s deputies, police officers and a judge. LoTempio countered that no law enforcement officials noticed her vehicle's damaged windshield and right-side rear-view exterior mirror until it was discovered on Aug. 12. 

LoTempio challenged Henning’s execution of the tests during cross examination by claiming that sobriety tests only indicate intoxication, if they are all performed correctly. Henning maintained that traffic, darkness and the slight slope of Route 77 were factors that should not have a significant impact on Serrano’s sobriety-test performance.

A pregnant pause filled the courtroom after LoTempio asked Henning a final question. If Serrano performed so poorly on tests while supposedly intoxicated with a BAC of 0.8, how could Lynskey have conducted himself normally while he was traveling on foot along Sumner Road with a 0.16 BAC at the time he was struck by Serrano’s vehicle? 

Her trial will resume at 9:30 a.m. Thursday morning at Genesee County Court.

Emotions run high during jury selection for alleged drunk driver in fatal Darien hit-and-run accident

By Lauren Leone

Prospective jurors expressed how difficult it may be to remain fair and impartial during jury selection today in Genesee County Court for the trial of 48-year-old Jennifer L. Serrano (booking photo above).

The Irving, Chautauqua County, resident is accused of driving while intoxicated and killing 18-year-old Connor Arthur Lynskey, of Hinckley, in a fatal hit-and-run accident Aug. 11 on Sumner Road in Darien.

After a tense selection process today, 12 jurors and four alternates were chosen to be impaneled.

Defense attorney Frank LoTempio was overpowered by the voices of multiple juror candidates when he asked a group of 18 prospective jurors whether their personal emotions would interfere with their deliberations.

A few potential jurors admitted they did not feel comfortable swearing under oath to remain objective due to the highly sensitive nature of the case. Particularly, candidates were unsettled by the expert testimony that defense counsel is anticipated to bring forward. It may allege Lynskey was intoxicated, and either walking or running in the lane of traffic when he was struck.

Lynskey had attended a Jason Aldean country music concert with friends and family at Darien Lake Performing Arts Center before he was killed. After the concert, the group started on foot back to its campsite at Darien Lakes State Park campground.

The Genesee County Sheriff's Office report of the accident indicated Lynskey had decided to run ahead to catch up with a friend. 

When family members and friends returned to the campsite, they realized Lynskey was missing.

Law enforcement searched the area that night, but did not find him. His body was discovered the next morning in a ditch by the side of the road.

That same night he went missing, Serrano had been stopped by a deputy and charged with driving while under the influence.

The alleged hit-and-run may have occurred approximately 30 minutes before her DWI arrest. By following leads, investigators identified her as a suspect in the fatal accident.

Some juror candidates said they could not justify drinking and driving under any circumstances, if that is in fact the cause of the fatal accident. Others said they would struggle to fulfill their roles as fact-finders due to parenthood or connections with loved ones who have been affected by drunk driving before.

Judge Charles Zambito intervened in the tense discussion by reminding prospective jurors that to prove Serrano guilty beyond a reasonable doubt, they must rely on evidence that indicates she drove while intoxicated and, as a result, operated her vehicle in a manner that caused Lynskey’s death. 

Serrano is also charged with leaving the scene of personal injury accident without reporting it and aggravated unlicensed operation of her vehicle.

Reportedly, Serrano may have driven on Aug. 12 while aware that her New York driver's license was revoked by authorities, based on her refusal to submit to a chemical test.

She faces up to 14 years in prison if convicted.

Above all, Zambito urged jurors to set aside feelings while reaching a verdict, in his words, “based on laws and facts.”

Opening arguments will begin at 9:15 a.m. Tuesday in Genesee County Court.

Darien man admits to trying to get girls to send him sexually explicit photos

By Howard B. Owens

A Darien Center man today entered a guilty plea in Federal Court to one count of receipt of child pornography.

Alexander Seegar, 29, faces a minimum penalty of five years in prison, a maximum of 20 years, and up to a $250,000 fine following his guilty plea.

Seegar was accused of sexting -- sending or receiving sexual text messages -- to girls from 10 to 12 years old who were students in Niagara County while posing as a 16 or 17 year old boy.

According to prosecutor Stephanie Lamarque, Seegar used the Instagram profile “davidlissachi” to communicate with the girls and asked them for sexually explicit photos. Seegar also communicated with other minors between the ages of 10 and 15 and asked them to send him sexually explicit photos in exchange for pictures of male genitalia that he sent them.

The defendant was found in possession of numerous photos containing child pornography.

The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the Lewiston Police Department, under the direction of Chief Frank Previte.

Sentencing is scheduled for Sept. 19 at 10:30 a.m. before Judge Frank Paul Geraci Jr.

GCC names 41 local students to Spring 2019 Provost's List

By Billie Owens

A total of 223 students from Genesee Community College are named to Provost's List for the Spring 2019 semester; 41 live in Genesee County.

Students honored on the Provost's List have maintained part-time enrollment and earned a quality point index of 3.75 (roughly equivalent to an A) or better.

The 41 Genesee County students named to the Provost's List are (in their community's alphabetic order):

Cassandra Koepp of Alexander, NY (14005)

Naomi LaDuke of Alexander, NY (14005)

Jessica Lennon of Alexander, NY (14005)

Jennamarie Schiller of Alexander, NY (14005)

Alexis Balduf of Batavia, NY (14020)

JoAnne Clemm of Batavia, NY (14020)

Mallory Gilbraith of Batavia, NY (14020)

Tammy Kingdollar of Batavia, NY (14020)

Tessa Lynn of Batavia, NY (14020)

Kali Nichols of Batavia, NY (14020)

Jessica O'Neil of Batavia, NY (14020)

Cleghon Rolle of Batavia, NY (14020)

Cameron Sanzo of Batavia, NY (14020)

Margaret Smith of Batavia, NY (14020)

Ashley Stone of Batavia, NY (14020)

Julia Streeter of Batavia, NY (14020)

Robert Tripp of Batavia, NY (14020)

Megan West of Batavia, NY (14020)

Stephanie Wolfe of Batavia, NY (14020)

Grace Morrill of Bergen, NY (14416)

Sheena Dilcher of Byron, NY (14422)

Teagan Mathes of Byron, NY (14422)

Nicole Franclemont of Corfu, NY (14036)

Alexandria Tarbell of Corfu, NY (14036)

Edward Foeller of Darien Center, NY (14040)

Jillian Hartwig of Darien Center, NY (14040)

Lewis Ryan of Darien Center, NY (14040)

Dustin Wheeler of Darien Center, NY (14040)

Angelique Newton of East Bethany, NY (14054)

Caroline Pelton of East Bethany, NY (14054)

Bailey Delelys of Elba, NY (14058)

Samantha Nickerson of Elba, NY (14058)

John Boyle of Le Roy, NY (14482)

Kristin Johnston of Le Roy, NY (14482)

Kathryn Krautwurst of Le Roy, NY (14482)

Cheryl McGee of Le Roy, NY (14482)

Zach Sovocool of Le Roy, NY (14482)

Megan Webb of Le Roy, NY (14482)

Colin Graham of Oakfield, NY (14125)

Jacqueline Thompson of Oakfield, NY (14125)

Jessica Ruiz of Pavilion, NY (14525)

Genesee Community College serves approximately 6,000 students per semester through more than 70 academic programs and certificates, including Marketing and Social Media concentration within the Business Administration program, and Nanotechnology degree with ECC. On a microscopic scale, nanotech focuses on careers in biology, chemistry, electrical engineering, medicine and photovoltaics. 

GCC's new Student Success Center makes admissions, financial aid and enrollment a simple and efficient process. The college has earned three national sports titles. The athletics program, housed in the new, state-of-the-art Richard C. Call Arena hosts more than a dozen intercollegiate men's and women's teams.

Highly convenient, GCC operates seven campus locations throughout Western New York, as well as a significant online learning program. Student housing is available at College Village, just a three minute walk from the Batavia Campus. With small class sizes and state-of-the-art technology both inside and out of the classroom, Genesee Community College is known for being "high tech" and "high-touch."

Law and Order: Man accused of punching woman in the nose, pushing her down after argument on Fargo Road

By Billie Owens

Edward James Leddick, 23, of Cheektowaga, is charged with second-degree harassement. At 12:39 a.m. on June 17 Leddick was arrested following an argument on Fargo Road in the Town of Darien. It is alleged that during the arugment, Leddick struck a female in the nose and pushed her to the ground. He was issued an appearance ticket for Town of Darien Court on July 7. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Eric Duda, 46, of Prestige Crossing, Batavia, is charged with third-degree criminal mischief. At 11:20 p.m. on June 14, deputies responded to Prestige Crossing in the Town of Batavia for a reported criminal mischief complaint. After an investigation Duda was arrested. He allegedly damaged property valued at $300 that belonged to another person. He was issued an appearance ticket and is due in Town of Batavia Court on July 8. The case was handled by Genesee County Sheriff's Deputy Eril Andre, assisted by Deputy Andrew Mullen

Daniel Jon Lewis, 23, of Meadow Farm South, North Chili, is charged with second-degree assault. He was arrested on June 11 for an assault that allegedly occurred at 10:09 p.m. on June 10 while he was incaracerated in the Genesee County Jail. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail or bond. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Kelly James Rhim, 40, of Coven Street, Rochester, is charged with second-degree assault. He was arrested on June 11 for an assault that allegedly occurred at 9:49 p.m. on June 10 while he was incarcerated in the Genesee County Jail. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail or bond. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Rollover accident reported in Darien

By Billie Owens

A two-vehicle accident in which one vehicle rolled over is reported at Sumner Road and County Line Road in Darien. A first responder reports minor injuries and two of the patients are children. Darien fire and Mercy medics responding.

UPDATE 4:52 p.m.: A vehicle is in the middle of the intersection; traffic control will be needed.

Five local students on spring dean's list at Clarkson University in Potsdam

By Billie Owens

POTSDAM -- The following local students have been named to the dean's list for the spring 2019 semester at Clarkson University:

Kristian Bank, of Darien Center, a Mechanical Engineering major.

Hannah Bowen, of Batavia, a Psychology major.

Logan Cadieux, of Oakfield, a Mechanical Engineering major.

Zachary Dusky, of Basom, a Mechanical Engineering major.

Jacob Perez Gangi, of Elba, a Civil Engineering major.

Dean's list students must achieve a minimum 3.25 grade-point average and also carry at least 14 credit hours.

Clarkson University educates the leaders of the global economy. One in five alumni already leads as an owner, CEO, VP or equivalent senior executive of a company. With its main campus located in Potsdam, N.Y., and additional graduate program and research facilities in the Capital Region and Beacon, New York, Clarkson is a nationally recognized research university with signature areas of academic excellence and research directed toward the world's pressing issues.

Through more than 95 rigorous programs of study in engineering, business, arts, education, science, and the health professions, the entire learning-living community spans boundaries across disciplines, nations, and cultures to build powers of observation, challenge the status quo and connect discovery and innovation with enterprise.

Locally owned Zoladz Construction blames lobbying by pro-union group for loss of $435K contract in Hamburg

By Howard B. Owens

One of the area's largest construction firms, owned by Darien Center resident John Zoladz, lost a $435,692 contract for a project in Hamburg this week, after being the low bidder, and is blaming what the company describes as a pro-union front group for the change of direction.

Meanwhile, an organization calling itself The New York Foundation for Fair Contracting sent out a press release celebrating the decision by unnamed Erie County leaders, who squashed the Zoladz contract under the state's "Lowest Responsible Bidder" law.

The law allows government agencies to reject low bids from contractors not deemed qualified. Generally, that means the company placing the lowest bid has the capability to fully and reliably perform the contract requirements.

NYFFC's press release suggests Zoladz is not qualified because of two work-related deaths in the past couple of years and was accused of falsely claiming it was a small business owned by a service-disabled veteran.

The NYFFC press release says that Zoladz paid a $3 million fine, which is not entirely accurate. The company was required to pay a portion of that fine and there as no finding of liability.

While NYFFC portrays itself as a "watchdog" group, Zoladz, which is a non-union shop, alleges that the trustees of the nonprofit have strong ties to International Union of Operating Engineers Local 17.

"The entities share the same address and likely share services," Zoladz said in its press release. "The trustees also appear to include at least one apparent operator of a company that directly competes with Zoladz.

"Finally, the 'Foundation' appears to be funded, at least in part, by union-employer contributions from collective-bargaining agreements. It is clear that, even without the 'Foundation’s' previous history with Zoladz as explained below, it is a motivated competitor of open-shop Zoladz."

It is true that Zoladz was fined by the OSHA over work-related deaths of employees. In August of 2016, Aaron L. Wellman died when a piece of construction equipment rolled off a trailer on Route 20 in Darien Center. The fine in that case was $8,000. On April 5, 2018, an employee was caught in a conveyor belt and suffocated. Zoladz was fined $43,000.

"To the NYFFC’s understanding, this is the first instance of Erie County using its lawful responsible bidder authority," the NYFFC said in its statement. "This enforcement ensures responsible contractors who abide by the law and deliver a high-quality product have a fair shot at public works contracts."

In the Hamburg project, Zoladz bid on just a portion of the $3 million job. The company blames competitors for lobbying against the company receiving the contract.

From the press release:

"Zoladz Construction disagrees strongly with the county’s sudden reversal, coming as it does in the wake of governmental pressure from competitors," said Jennifer K. Harvey, attorney for Zoladz.

"While we certainly agree with DPW that the settlement at issue in this matter does not result in a negative finding, we vigorously dispute the legal and factual reasons DPW cited as a basis for finding Zoladz’ bid incomplete and subject to rejection.

"We are requesting a hearing to exhaust our administrative remedies, and we remain confident and hopeful that Zoladz will be able to start work soon on this long-promised project that’s so critical to the safety and peace of mind of county taxpayers driving in Hamburg."

The press release states the NYFFC issued a letter May objecting to the award of the contract and said the group has mounted a similar "attack" in Niagara County but that the County Legislature there investigated and found the complaints without merit before awarding the company a $1.8 million contract for work on the county landfill.

Zoladz, based in Alden, employes 175 people and was founded by cousins John Zoladz and Tom Dougherty in 1985, when they had only a tractor and a backhoe. Now they have offices in Charlotte, N.C., Avon, and Lackawanna.

Law and Order: Miller Avenue man accused of violating order of protection jailed without bail

By Billie Owens

Zachary V.D. Seeley, 22, of Miller Avenue, Batavia, is charged with first-degree criminal contempt. It is alleged that at 9:12 p.m. on May 25 that Seeley was in violation of an order of protection. He was arrested, arraigned in Batavia City Court and jailed without bail. The case was handled by Batavia Police Officer Christopher Lindsay.

Angela Louise Flowers, 48, of Watson Street, Batavia, is charged with first-degree criminal contempt and second-degree harassment. At 6:15 p.m. on May 26, Flowers allegedly pushed another person, who had an order of protection against her. She was arrested, arraigned in Batavia City Court and released under the supervision of Genesee Justice. She is due back in court today (May 28). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Quider.

A 17-year-old male was arrested for third-degree criminal mischief after an incident at 6:20 p.m. on Hewitt Place in Batavia in which he allegedly damaged a city police car. He was arraigned in Batavia City Court and jailed in lieu of $1,000 cash bail or bond. He is to return to court at a later date. The case was handled by Batavia Police Offcer Stephen Quider, assisted by Det. Eric Hill.

Frank James Falcone, 33, of Batavia Bethany Townline Road, Bethany, is charged with: driving while intoxicated; failure to dim headlights; operating an unregistered motor vehicle; refusal to take a breath test; and open container in a motor vehicle. Falcone was arrested at 2:28 a.m. on May 26 on Lewiston Road in Batavia. After his arraignment, he was released on his own recognizance and is due in Batavia Town Court on June 24. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Austin Heberlein.

Jamie L. Edenholm, 32, of Gabbey Road, Corfu, is charged with: driving while ability impaired by drugs; criminal possession of a controlled substance; unlicensed operator; and following too closely. At 1:06 p.m. on May 25, after the investigation of a property damage accident on Main Street in Batavia, Edenholm was arrested on these charges. The defendant was issued an appearance ticket and is due in Batavia City Court to answer the charges on June 5. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Kevin DeFelice.

Robert James Patnode, 50, of Bishop Street, Warsaw, is charged with driving while intoxicated; DWI with a BAC of .08 percent or higher, and moving from lane unsafely. Patnode was arrested at 7:54 p.m. on May 26 on Route 238 in Darien. He was issued an appearance ticket for June 20 in Darien Town Court. The case was handled by Genesee County Sheriff's Sgt. Jason Saile, assisted by Sgt. Andrew Hale.

Jordan Scott Thomas, 20, of Elm Street, Batavia, is charged with petit larceny. At 3:59 p.m. on May 25, Thomas was arrested after allegedly stealing merchandise from Kohl's department store on Veterans Memorial Drive at 12:12 p.m. on May 21. Thomas was released on an appearance ticket for June 3 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy David Moore.

Quinn M. Pritchard, 28, of East Main Street, Batavia, is charged with petit larceny. Pritchard was arrested after a shoplifting complaint at the Dollar General on East Main Street in Batavia at 12:23 p.m. on May 24. The defendant was released with an appearance ticket for June 4 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Shane Zimblis, 48, of South Swan Street, Batavia was arrested on May 27 on a bench warrant. Zimblis was located at his residence after police arrived for an unrelated complaint. He was arraigned in Batavia City Court and jailed in lieu of $15,000 cash bail or $30,000 bond. Zimblis is due back in court today (May 28). The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Ivison.

Six arrests made at Chris Young concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Chris Young concert at Darien Lake Performing Arts Center on Friday:

Danielle M. Molisani, 19, of Black Street Road, Caledonia, is charged with false personation after allegedly providing a false name while being ejected from the concert venue.

David M. Filion, 22, of Redlein Drive, Lancaster, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Michelle S. Scheib, 41, of Fulton Street, Buffalo, s charged with harassment, 2nd, after allegedly punching a security guard in the head.

Donald D. Mikowski, 21, of Wabash Avenue, Cheektowaga, is charged with harassment, 2nd, after allegedly pushing and hitting a security guard inside the venue.

Anthony R. Mason, 30, of Marsdale Road, Buffalo, is charged with DWI and driving with a BAC over .08 percent after allegedly being found operating a motor vehicle while intoxicated.

Eric J. Rejman, 33, of Maishoss Street, Cheektowaga, is charged with DWI, driving with a BAC over .08 percent and refusing to submit to prescreen device after allegedly being found operating a motor vehicle in an intoxicated condition in the parking lot.

Darien Lake opens newest thrill ride, SkyScreamer

By Howard B. Owens

 

Video Sponsor
.pane-node-body img {background: none !important; border: 0 !important; margin: 0 !important; padding: unset !important; padding-left: 1px !important } broadstreet.zone(69076)

 

Officials at Darien Lake Theme Park invited the media yesterday to preview the park's newest thrill ride, SkyScreamer, which opened to the public today.

Here's a press release about the ride:

Six Flags Darien Lake – The Thrill Capital of New York – is proud to announce the opening of its newest attraction, Six Flags SkyScreamer.

Yesterday, members of the media were invited to be amongst the first to experience this 24-story, sky-high swing ride. Towering above the park at an incredible 242 feet, Six Flags SkyScreamer is the tallest thrill ride in New York State. 

“Six Flags continues to lead the way in innovation as we bring the state’s tallest ride to Western New York," said Park President Chris Thorpe. "We are thrilled to add this shining beacon and iconic landmark to the Six Flags Darien Lake skyline.

"From this impressive tower guests will soar high among the clouds, taking in majestic views of the park and surrounding countryside below.”

By night, Six Flags SkyScreamer’s bold, synchronized lighting package will light up the sky and beckon thrill-seekers near and far.

  • A soaring 24-stories tall;
  • 32 riders, sitting two across in open-air swings; and
  • Spinning round and round a 98-foot circle at 35 miles per hour. 

Six Flags SkyScreamer will open to the public Saturday, May 18. For more information on Six Flags Darien Lake’s 2019 season visit www.darienlake.com

Six Flags 2019 Memberships and Season Passes are now available. Members can enjoy priority park entry, preferred parking and tremendous discounts of up to 50 percent on nearly all food and merchandise purchases all season long.

Gold Plus, Platinum, Diamond and Diamond Elite levels are available featuring all the perks of a Season Pass plus other benefits including admission to all Six Flags branded theme and waterparks, skip-the-line passes, unlimited soft drinks and much more!

For more information, visit the Membership Sales Center or go online to sixflags.com/darienlake and sign up.

Here are some stats on the Six Flags SkyScreamer:

At a staggering 242 feet high Six Flags SkyScreamer is the tallest thrill ride in New York State. It takes riders seated in swings up 24 stories and spins them around a 98-foot circle at speeds up to 35 mph. Riders will experience breathtaking views of Six Flags Darien Lake they have never seen before at thrilling speeds.

  • 242-feet high, 24 stories
  • 32 swing seats
  • Speeds up to 35 miles per hour
  • 1,600 LED lights on the tower, more than 1,100 additional puck LED lights on the globe
  • Ride time is approximately three minutes
  • Spins in a 98-foot circle

Darien Lake's newest ride, SkyScreamer, near completion

By Howard B. Owens

skyscreamergoesvertical1.jpg

Press release:

Six Flags Darien Lake is proud to announce construction work on the park’s newest attraction, Six Flags SkyScreamer, is in its final stages. At a staggering 242-feet high Six Flags SkyScreamer will be the tallest thrill ride in New York State. This high-flying new addition solidifies the park as the “Thrill Capital of New York State."

“As a shining beacon of Six Flags Darien Lake, this monstrous tower will serve as an iconic new landmark, calling out to thrill-seekers everywhere,” said Park President Chris Thorpe. “Soaring high among the clouds with majestic views of the park and surrounding countryside far below, guests will take to new, record-setting heights in New York State this season.”

By night, Six Flags SkyScreamer’s bold, synchronized light package will light up the skies.

  • A soaring 24-stories tall approximately 242-feet high;
  • 32 riders, sitting two across in open-air swings; and
  • Spinning round and round a 98-foot circle at 35 miles per hour. 

Six Flags SkyScreamer is scheduled to open by mid-May. For more information on Six Flags Darien Lake’s 2019 season visit www.darienlake.com

Six Flags 2019 Memberships and Season Passes are now available. Members can enjoy priority park entry, preferred parking and tremendous discounts of up to 50 percent on nearly all food and merchandise purchases all season long.

Gold Plus, Platinum, Diamond, and Diamond Elite levels are available featuring all the perks of a Season Pass plus other benefits including admission to all Six Flags-branded theme and waterparks, skip the line passes, unlimited soft drinks and much more!

For more information, visit the Membership Sales Center or go online to sixflags.com/darienlake and sign up.

skyscreamergoesvertical2.jpg

skyscreamergoesvertical4.jpg

Law and Order: Chestnut Street man accused of choking woman, Vine Street woman accused of knifing man

By Billie Owens
robertgeretymug2019120.jpg
     Robert Gerety

Robert Richard Gerety (right photo), 45, of Chestnut Street, Batavia, is charged with criminal contempt in the first degree and criminal obstruction of breathing. He was arrested following an investigation of a domestic incident that occurred at 9:28 p.m. on April 18 on Chestnut Street in Batavia. He allegedly grabbed a female acquaintance by the neck in violation of an order of protection. He was subsequently found to have an outstanding warrant for failure to appear in Batavia City Court. After arraignment, he was processed at the jail and allegedly found to possess a crack pipe, according to the police report. So he was charged with criminal use of drug paraphernalia. He was held without bail and is due in Batavia City Court on May 9. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Christopher Lindsay.

latoyajacksonmug2019120.jpg
      Latoya Jackson

Latoya Denise Jackson (right photo), 33, of Vine Street, Batavia, is charged with criminal possession of a weapon and second-degree assault. At 10:20 p.m. on April 20, Batavia police responded to a Vine Street residence for a physical disturbance call. After investigation, Jackson was arrested for allegedly cutting a male with a knife. She was arraigned in Batavia City Court and jailed without bail. She was due back in city court on April 22. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Kishonti D. Williams, 28, of Harvester Avenue, Batavia, is charged with: driving while ability impaired by drugs -- first offense; aggravated unlicensed operation in the third degree; operating a motor vehicle while using a portable device; and unlawful possession of marijuana. On April 22 at 11:22 a.m. Williams was stopped on Route 5 in the City of Batavia for a vehicle and traffic violation. Following a roadside investigation, Williams was arrested. At the jail, GC Sheriff's Deputy Eric Meyer, a Drug Recognition Expert, administered a Drug Influence Evaluation and concluded Williams was impaired by drugs. He is due in Town of Batavia Court on May 16. The investigation was handled by Deputy Ryan Delong, assisted by Deputy Meyer.

John Roderick Benton, 61, of Colby Road, Darien, is charged with: Felony DWI -- operation of a motor vehicle while having a BAC of .08 percent or more, with a prior conviction within 10 years; felony DWI with a previous conviction; and failure to keep right. It is alleged that at 1:39 p.m. on April 21 on Tinkham Road in Darien that Benton drove up to a GC Sheriff's deputy and made an inquiry then immediately drove off. The deputy observed Benton unable to maintain his lane of travel and a traffic stop was conducted. Benton was subsequently arrested and issued appearance tickets for Town of Darien Court, where he is due to appear on May 7. The case was handled by Genesee County Sheriff's Deputy Richard Schildwater, assisted by Kevin McCarthy.

Patrick J. Michael, 38, of Batavia, was arrested by the City of Batavia Police Department on April 14 on an active Warrant of Arrest issued by the Wyoming County Family Court. Michael was wanted for failure to pay child support. Michael was turned over to the Wyoming County Sheriff’s Office where he was arraigned in the Village of Warsaw Court and put in Wyoming County Jail in lieu of $3,000 cash bail or bond.

Robert R. Richmond, 55, of Columbia Avenue, Batavia, is charged with trespass. At 4:43 p.m. on April 20, Richmond was arrested on North Street in Batavia after he allegedly entered a building to use the restroom after previously being avvised that he is not welcome on the property. He was processed and released on an appearance ticket. He is due in Batavia City Court on April 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Mitchell Cowen.

Authentically Local