Darien

An adult male suffered a gunshot wound to the leg while hunting in Darien. "Sounds like bird shot (type of ammunition)," says a dispatcher. He is said to be in a field, conscious and alert, and making his way toward a house. It's on Broadway Road, between Darien-Alexander Townline Road and Smithley Road.

Mercy Flight is on a ground standby. Darien Fire Department is responding along with its ambulance. Alexander's gator was called to respond, then cancelled.

"Scattered shotgun pattern, right and left lower leg, probably a dozen pellets, minor bleeding at this point," says a first responder.

Press release:

The mandatory referendum on the establishment of Water District No. 6 in the Town of Darien has been completed. The result of the April 10, 2019 referendum is 684 “No” votes, 183 “Yes” votes and one Affidavit vote still pending validation.

While the vote count remains unofficial, the result of the referendum will not change. Therefore, the Establishment of Water District No. 6 in the Town of Darien is not approved, and the Town is proceeding to file the required documents to close out this action. 

David Hagelberger, Supervisor

Maple weekend concludes today (March 31). The annual event is a chance for area residents to visit a local maple farm, learn about maple production and the tools and techniques for producing maple and sample some of the items made locally with maple.

Saturday we visited with Eric Randall, owner of Randall Maple, founder of Maple Weekend, which is now a national event, and past president of the North American Maple Syrup Council.

Locations to visit in Genesee County:

Randall's Maple Products
10307 Smithley Road
Alexander, NY 14005 

Junior's Maple Products
9280 Alexander Road (Route 98 South)
Batavia, NY 14020 

Sweet Dream Maple Farm
1116 Reynolds Road
Corfu, NY 14036 

Darien beekeeper and mead maker Michael Potoczak is managing to keep his chin up along with his spirits after a swift-moving fire early Sunday morning destroyed his businesses at 541 Bell Road.

Around 6 a.m. on March 24, callers half a mile away on Sumner Road called 9-1-1 to report the blaze. The Darien Volunteer Fire Department arrived on scene quickly, but the buildings which contained the beekeeping and winemaking equipment were already "on the ground."

A Sheriff's deputy pounded on the door of the nearby house to alert the residents, prompting the family's two dogs to bark, waking up Potoczak and his two sons -- who all got out safely, including the dogs. A beloved 14-year-old calico cat named Lily perished in the fire.

"I tried to save my diesel truck," said the 77-year-old, who is an associate professor emeritus of Math and Physics at the University of Buffalo. "But it was so hot I couldn't even get near it to open the door."

The cause of the fire is unknown.

"I've really stood strong. I just deal with it. But it does get emotional," Potoczak said, noting that he lost all the equipment that he had accumulated during 45 years of beekeeping and making wine from honey on his 150-acre property.

He's not sure what the future holds for the businesses -- Potoczak Bee Farms and Midgard Winery -- but he will have a better idea of whether starting completely over is possible once the insurance claims are settled in the coming weeks.

Turns out the metal buildings, 40' by 60', were insured but nothing inside them was covered.

"They really did a number on me," he said. "The insurance agent came out and I took him through and showed him everything. He said I'd have the same coverage; it's not even close. He put in zero where it said the value of the contents and I didn't notice that. You have to have someone who knows insurance read the document to know what it says."

By Potoczak's estimation, his loss is worth $400,000 or more. He figures the buildings' value at $250,000 (insurance says $130,000), plus he lost the heating furnace, a new skidster worth $33,000 and the $20,000 diesel truck; $75,000 in winemaking equipment including four stainless steel fermenting tanks worth $4,000 each, filters, and $85,000 in beekeeping equipment.

How much he can recoup will influence his decision whether to continue the businesses, which are intended as a way for his children to make a living.

His customers, he says, "have been phenomenal" and are encouraging him to start anew.

His beehives are all outside and located at different 20 sites for his WNY customers. The mead, which he has sold for about five years, can be found in 50 WNY liquor stores, including locations in Genesee County (Mr. Wine & Liquor), Wyoming County (Warsaw, Attica), Orleans County (Medina), and Erie and Chautauqua counties. The fermented honey wine is about 12 percent alcohol by volume, on a par with, say, cabernet sauvignon.

Regardless of what the future holds, Potoczak's daughter, Elizabeth Knaus, said she is grateful to everyone who came to her family's rescue.

"I would like to send out a big thank you to the emergency personnel who responded so quickly," Knaus wrote in an email. "Also to the our neighbors who could see and hear the fire and called it in. If it wasn't for them, I probably would not have my dad or my brothers today. Thank you!"

Photos courtesy of Elizabeth Knaus.

For initial report, click here.

A working garage fire is reported at 541 Bell Road, Darien. The structure is about 40 to 50  square feet and is "on the ground" -- burned up -- at this point, but there are several exposures to other structures that firefighters will deal with, says a first responder on scene. There's a gap of 20 to 30 feet between the garage and another structure.

The city's Fast Team was called, then canceled. All available manpower from Darien is responding, along with mutual aid from Alexander, Pembroke, Corfu and Indian Falls.

There's a pond on Bell Road that firefighters may be able to access; it's estimated to be 1,050 feet from the fire.

The location is off Fargo Road and it's at the dead end of the street.

UPDATE 6:26 a.m.: Alexander is to fill in at Darien's Fire Hall. There's a live power line in front of the garage, firefighters are told.

Lee George Ezzell, 64, of Genesee Street, Darien, is charged with second-degree harassment. At 10 a.m. on March 17 on Genesee Street in Darien, Ezzell was arrested. It is alleged that with intent to annoy, harass, or alarm a person, he used an open hand to strike that person in the back of the head. Ezzell was issued an appearance ticket for April 2 in Darien Town Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen

Joey Aaron Evans, 28, of State Street, Batavia, is charged with petit larceny. At 4:03 p.m. on March 16, Evans was arrested after he allegedly stole two Dyson V6 vacuums from Walmart. He was arraigned then released on his own recognizance. He is due in Batavia Town Court on April 9. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Michael Lute.

Mary Ellen Bruton, 63, of Gilman Road, Churchville, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or higher; and having a vehicle stopped, standing or parked on a highway. She was arrested at 10:32 p.m. on March 17 on Park Road in Batavia following a traffic stop. She was issued an appearance ticket and is due in Batavia Town Court on April 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jeremy McClellan.

Justin T. Gladney, 29, of North Spruce Street, Batavia, was arrested on March 13 at 11:37 a.m. on Hutchins Street in Batavia on three separate warrants issued by Batavia City Court. One was a bench warrant for failure to appear. The second was an arrest warrant for failure to appear on an appearance ticket. These were in connection to two petit larceny charges. The third warrant was for first-degree falsifying business records and criminal impersonation in the second degree -- for allegedly giving a false name to the police and while being fingerprinted at the GC Jail. Gladney was put in jail with bail set at $2,500 cash or bond on the first two warrants and bail of $15,000 cash or bond for the new charges that garnered the third warrant. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Daniel Coffey.

Pablo Abdiel Cintron Guzman, 18, of Central Avenue, Batavia, is charged with unlawful possession of marijuana. He was arrested at 4:54 p.m. March 17 on Park Road in Batavia following a traffic stop. He is due in Town of Batavia Court on April 4. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Hale.

Darien resident Lucas Birkby came home Sunday with five medals from a powerlifting competition in Mamaroneck sponsored by United States Strongman Inc. 

Birkby set official state records for the axle clean and press at 320 pounds, the 18-inch deadlift at 700 pounds, deadlift at 650 pounds, the log press at 310 pounds, and the atlas stone, at 360 pounds. The axle clean and the 18-inch deadlift are also national records for the heavyweight teen division.

His father, Scott Birkby said, "In addition to training at home, Luke has been training twice a week at Iron and Stone Strength gym in Clarence. His trainer is Tony Kalisz. We found this Strongman gym through a Google search since Luke's ultimate dream is to become the world's strongest man.

"I've got the feeling that the fellows there raised an eyebrow when we wrote to them and said that a teenager (he was 17 and just turned 18 this February) wanted to do strongman, but they said: 'go ahead and send him in.' That was about 10 months ago. Luke and the guys (and girls!) at the gym have had a great time since he showed up. 

Birkby has qualified to compete at the nationals in June in Columbus, Ohio.

Scott said his son is PED-free (performance-enhancing drug), adding, "Our grocery bill has taken a pretty big hit for this."

Photos and info submitted by Scott Birkby.

A grand jury stenographer has allegedly been audio recording grand jury proceedings, which isn't legally permissible, and the attorneys for Jennifer L. Serrano think the stenographer's actions are enough to get a second-degree vehicular manslaughter charge dismissed.

The 48-year-old Serrano was charged following the Aug. 11 death of 18-year-old Connor Lynskey after a Jason Aldean concert in Darien.

"I was not aware of the recordings until recently and as a matter of an ethical obligation, I notified the defense attorneys involved," said District Attorney Lawrence Friedman.

While attorneys Frank LoTempio III, and Jack Sanchez have filed a motion seeking dismissal of the grand jury indictment against Serrano, Friedman doesn't believe the recordings jeopardize the case.

"We do not believe, regardless of what the court decides, it will result in the dismissal of the indictment or lead to anything that would delay the case."

Friedman has until April 5 to file his answer to the motion with the court and Judge Charles Zambito may conduct a hearing on the motion April 25 at 1:30 p.m. LoTempio and Sanchez have asked to put the stenographer on the stand at the hearing. It will be up to Zambito to decide if there should be a hearing and whether to call the stenographer to the stand.

The recordings, if made, are a potential violation of New York's Judiciary Law, though Friedman disagrees with the analysis by LoTempio and Sanchez that the recordings rise to the level of a misdemeanor. Friedman isn't anticipating any charges in the case.

Friedman's office had no prior knowledge of the recordings and did not benefit from the recordings. The stenographer is an independent contractor and is not employed by the District Attorney's Office.

The stenographer was using a shorthand machine manufactured with the recording capability built right into the device, which is why the DA's office was not aware of the recording being made. Such a mahcine may be permissible in other legal proceedings but in New York, not in a grand jury proceeding.

Assistant District Attorney Shirley Gorman discovered the fact that the recordings were being made and brought it to Friedman's attention.

Friedman and the ADAs in his office have notified defense attorneys about the recordings but he didn't have a count for how many cases that might involve. As for as his own cases, only one other defense attorney has filed a motion related to the recordings.

"The bottom line, I really believe, is this is not going to be an issue that is going to impact cases," Friedman said. "We’re not concerned that we’re going to have indictments dismissed or any that severe as a result of this."

As for Serrano, if the case does go to trial, LoTempio said the defense is ready to proceed. They plan to bring forward an expert witness who will testify that Lynskey was intoxicated and either walking or running in the lane of traffic when he was struck.

The defense will argue that Lynskey was at fault in the accident, LoTempio said.

They also believe there is evidence to indicate that Serrano didn't know she had struck a person and therefore didn't have the requisite knowledge to be charged with leaving the scene of a personal injury accident.

The accident occurred Aug. 11 on Sumner Road. Lynskey was with friends and family at the Aldean concert at the Darien Lake Performing Arts Center. They were camping at Darien Lakes State Park. After the concert, the group started on foot back to the campground. The Sheriff's Office report of the accident indicated Lynskey decided to run ahead and catch up with a friend. When both groups were back at the camp, they realized Lynskey was missing. Law enforcement searched the area that night but did not find Lynskey. His body was found the next day in a ditch by the side of the road.

Serrano had been stopped and charged that night with a DWI. The accident may have occurred about a half hour before she was arrested. Through leads, Sheriff's investigators identified her as a suspect in the fatal accident.

Shane Zimblis, 48, of South Swan Street, Batavia, turned himself into the Batavia Police Department on March 9 on a warrant out of Batavia City Court. He is accused of damaging property belonging to another person and causing injury to another person by use of a baseball bat at 12:15 p.m. Feb. 19 on South Swan Street, Batavia. He is in GC Jail charged with: second-degree harassment; fourth-degree criminal mischief; second-degree assault -- injury with a weapon; and criminal possession of a weapon with intent to use. The case was handled by Batavia Police OfficerJason Ivison.

A 17-year-old male who lives on Ellicott Avenue in Batavia is charged with endangering the welfare of a child. He was arrested on March 9 for allegedly hitting an 11-year-old male with a piece of wood, causing physical injury. The incident occurred on Maltby Road in Oakfield at 3:20 p.m. on Feb. 28. He is due in Oakfield Town Court at 6 o'clock this evening (March 11). The case was investigated by Genesee County Sheriff's Deputy Mathew Clor.

Monica Jane White, 20, of Sunset Park, Oakfield, is charged with issuing a bad check. On March 8, following the investigation of a bad check, White was arrested, issued an appearance ticket, and is due in Town of Oakfield Court at 6 p.m. on March 25. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. John Baiocco.

Douglas Antwon Spencer IV, 37, of Park Road, Batavia, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; open container; and unlicensed operation. Spencer was arrested on Park Road after being found sitting in his vehicle in the middle of the GC Sheriff's Office parking lot entrance with an open container, allegedly driving while intoxicated. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. John Baiocco.

Woodrow C. Horseman, 42, of Porter Avenue, Batavia, is charged with petit larceny. On March 8, Batavia police responded to Tops Market in Batavia for a reported larceny. Responding patrols located the suspect on West Main Street and Woodrow Road. He allegedly stole three alcoholic drinks. Horseman was issued an appearance ticket and is due in Batavia City Court on March 12. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Benjamin Jacob Skubis, 24, of Colby Road, Darien, is charged with third-degree bail jumping. Skubis voluntarily turned himself into Alabama Town Court on March 7. He was due there for an unspecified incident on June 7. He was released on his own recognizance and is to reappear in Alabama Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Thomas Sanfratello.

Joseph W. Freeman, 34, no address noted, is charged with failure to appear. He was arrested Feb. 27 on a bench warrant issued Jan. 31 for an unspecified incident. Freeman was released on his own recognizance was due to return to Batavia City Court on March 5. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Frank Klimjack.

A two-vehicle accident with injuries is reported at Route 20 and County Line Road, Darien.

At least one person was trapped inside, but a first responder was able to pop open a rear door and extricate the person. Darien Fire Department and its ambulance are on scene.

The accident is not blocking the roadway, but traffic control is needed. Genesee County Sheriff's deputies are also on scene.

UPDATE 9:28 a.m.: Darien medics are en route to UMMC with one patient.

The mother of Ashley McCormack, the 18-year-old wheelchair-bound Darien resident whose dream is to have an Action Trackchair to increase her mobility, says they now have 15 raffle tickets for $15 (for the bunch) on sale.

Drawings will be held at the Sunday March 31 fundraiser for Ashley at Darien Fire Hall. All prizes in the raffle each have a value of more than $100, Susan Pfalzer said.

You do not have to be present to win.

"We also have (presale) admission tickets for sale, too, $10 gets you in for food, entertainment and Chinese auction," Pfalzer said.

Admission tickets at the door are $15. Time is 1 to 6 p.m.

The fire hall is located at 10537 Alleghany Road, Darien Center.

The Action Trackchair -- an all-terrain wheelchair -- is highly customizable. Insurance won't cover the cost of it and it retails for more than $11,000.

Organizers, friends and family are seeking cash donations, checks, gift certificates, gift baskets and auction items.

Cash donations and checks can be made out to:   Ashley's Action Trackchair. Send them to:  Susan Pfalzer, 1792 Sumner Road, Darien, NY 14040.

Group donations are encouraged.

For corporations and organizations, there is an EIN number available for your donations.

For presale tickets, donations or other information about this benefit, call: Cheryl Medina at (716) 863-0388; or (Nana) Annette Pfalzer at 547-9342; or (Mom) Sue Pfalzer at (585) 300-9508.

There is also a GoFundMe account set up. Visit here.

For previous coverage, click here.

Barring any unforeseen roadblocks, owners of property located in the Town of Darien’s proposed Water District No. 6 will have their chance to vote in mid-April on a $25 million public water project.

Town Supervisor David Hagelberger, speaking by telephone this afternoon, said a paper ballot election will be run by town employees on or around April 10, likely between noon and 8 p.m., at the Town Hall.

“This election will decide whether this water district will go through,” Hagelberger said, adding that the exact date is expected to be announced at the Town Board’s next meeting at 7:30 p.m. March 6.

Several weeks ago it was reported on The Batavian that a “permissive referendum” – where residents in the proposed district were compelled to get enough signatures to force a vote – would be the guiding force for action.

That fell through, however, Hagelberger said, due to the fact that certain parameters of the referendum were not published in the allowed time limit.

“The residents did get enough signatures to force a vote, and we were going to do that anyway,” Hagelberger said. “In effect, the timing issue is moot. The mandatory referendum in April is set up for property owners to come in and vote.”

The supervisor said there are about 1,400 possible voters considering that people who own multiple properties only get one vote. Citizens representing a business, a church in the district and the cemetery association also get one vote.

“There are no absentee ballots either,” Hagelberger said. “Property owners have to be there to have their votes count.”

Hagelberger said the town board reported at its last meeting that the Genesee County Board of Elections will not be running the election due to constraints in state law.

“We were told that we have to run it and we’re doing what needs to be done,” he said. “There’s a lot of work going on right now that most people don’t realize.”

He said the town is working with the assessor and county clerk’s office to review property deeds to determine the correct number of property owners. The town also has to pay election inspectors, for books for people to sign and to build the property owner list.

The estimated cost to the town will be several thousand dollars, Hagelberger said.

The proposal to supply public water to an estimated 2.095 residents (two-thirds of the town’s population) comes with an annual cost of $1,275 per household -- $914 to cover the project’s debt distribution and $361 to cover water supply, operations and maintenance costs.

Due to increasing construction costs and interest rates, the project’s total price tag has gone up from $24.8 million to $25.25 million. The town is pursuing a $10.82 million grant from the U.S. Department of Agriculture to defray some of the cost.

Upfront costs to property owners, estimated at $2,000 for each parcel, will be required to pay for meter changes, account setup fees, service lines and well abandonment and/or separation fees.

The proposal to create the water district was presented initially in the fall of 2016 via a couple public meetings.

In photo above, Ashley McCormack embarks on "bossing" an Action Trackchair.

Ashley McCormack is a spirited 18-year-old who lives in Darien and has been confined to a wheelchair since she was 10.

When she was little she used to go fishing with her dad on Hamlin Beach along the shores of Lake Ontario. They would also hike trails in Letchworth State Park and go camping.

Life as she knew it and her outdoor adventures were cruelly curtailed by the onslaught of ataxia-telangiectasia syndrome or Louis-Bar syndrome. She was diagnosed with it at age 8 and by 10 she unable to walk on her own.

The progressive neurological disease also makes it hard for her to talk and do a lot of other things. Doctors told her she wouldn't live long, but she's still here, still "wanting to live her life" and enjoy it, too.

Winters are especially difficult because when ice or mud or snow gets on the wheels of her regular motorized wheelchair, it's easy for her to get stuck.

So her mother, Susan Pfalzer, says Ashley's routine is very limited: going from the house to the car -- then to the store or church or the doctor or wherever -- and back again. House-to-car-to-building and back again.

Her little pal, a mixed terrier named "Shyla" often accompanies the self-professed animal lover, who volunteers at two local shelters.

Enter Cheryl Medina, a longtime friend of the family who found out about an amazing -- and expensive -- piece of equipment: the Action Trackchair. To learn more about it, click here.

"Cheryl sent me information about it and it seemed really neat but I didn't think too much about it," Pfalzer said. "But Cheryl is a go-getter and she arranged to have Ashley get a demo of the chair for a day."

The all-terrain wheelchair is highly customizable. Insurance won't cover the cost of it and it retails for more than $11,000. The one that Ashley got to try out goes for $16,300.

The joy Ashley experienced at being able to get around was unreal. She could go visit her Nana down the road, get some fresh air, pay her respects at the family's pet cemetery in the back yard, tool around.

Timid of using it at first, by the day's end she was tackling mounds of snow and showing that Trackchair who was boss.

"Ashley is such a good, sweet girl and she's like any 18-year-old -- she wants to be out and doing things," Medina said. "She's so funny and full of life."

To help her with this noble mobile dream, Medina and Ashley's mother and her Nana, Annette Pfalzer, will hold a benefit at Darien Fire Hall from 1 to 6 p.m. on Sunday, March 31. It is located at 10537 Alleghany Road, Darien Center.

There will be plenty of food and music.

Tickets are $10 presale or $15 at the door.

Organizers, friends and family are seeking cash donations, checks, gift certificates, gift baskets and auction items.

Cash donations and checks can be made out to:   Ashley's Action Trackchair. Send them to:  Susan Pfalzer, 1792 Sumner Road, Darien, NY 14040.

Group donations are encouraged.

For corporations and organizations, there is an EIN number available for your donations.

For presale tickets, donations or other information about this benefit, call: Cheryl Medina at (716) 863-0388; or (Nana) Annette Pfalzer at 547-9342; or (Mom) Sue Pfalzer at (585) 300-9508.

There is also a GoFundMe account set up. Visit here.

Photos courtesy of Sue Pfalzer.

Ashley and her doggie "Shyla" with her regular motorized wheelchair.

Darnel J. Tillmon is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Aug. 2 in the Town of Le Roy that Tillmon acted with intent to prevent a police officer -- a New York State trooper -- from performing a lawful duty and his actions caused serious physical injury to the officer. In count two, Tillmon is accused of second-degree assault, a Class D violent felony, by acting intentionally to prevent the officer from performing a lawful duty and his actions caused physical injury to the officer. In count three, Tillmon is again accused of second-degree assault for allegedly recklessly causing serious physical injury to the trooper by means of a deadly weapon or instrument, in this case a motorcycle. In count four, the defendant is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person -- the trooper. In count five, the defendant is again accused of third-degree assault for acting with criminal negligence, causing physical injury to the trooper by means of a deadly weapon or dangerous instrument -- the motorcycle. In count six, Tillmon is accused of reckless endangerment in the second degree, a Class A misdemeanor, for allegedly recklessly engaging in conduct which created a substantial risk of serious physical injury to another person. In count seven, Tillmon is accused of the crime of unlawfully fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count seven that Tillmon knew he had been directed to stop his motor vehicle by a uniformed police officer or a marked police vehicle by the activation of either lights or lights and sirens, and he attempted to flee by engaging in reckless driving. In count eight, Tillmon is accused of resisting arrest, a Class A misdemeanor, for allegedly intentionally preventing or attempting to prevent an officer from arresting himself or another person. In count nine, Tillmon is accused of the crime of third-degree escape, a Class A misdemeanor, for escaping from custody. In count 10, Tillmon is accused of failing to comply with the lawful order of a police officer or flagperson. It is alleged in count 10 that the defendant drove a 2006 Kawasaki and failed or refused to comply with the lawful order or direction of a police officer or flagperson duly empowered to regulate traffic. In count 11, Tillmon is accused of the offense of improper passing for operating the Kawasaki and overtaking or passing another vehicle on the right shoulder of the NYS Thruway. In count 12, Tillmon is accused of moving from lane unsafely, a violation of Vehicle and Traffic Law, by riding the Kawasaki on a roadway divided into clearly marked lanes and failing to drive within a single lane and moving from a lane without regard to doing so safely. In count 13, Tillmon is accused of unsafe starting, a violation of Vehicle and Traffic Law, by moving the Kawasaki, which had been stopped, standing or parked, without first determining if movement could be made with reasonable safety. In count 14, Tillmon is accused of failing to use signal lamps, contrary to Vehicle and Traffic Law, by riding the Kawasaki and changing lanes or entering an exit ramp of the Thruway without using signals by hand and arm, or signal lamps. In count 15, Tillmon is accused of speeding for operating the Kawasaki that summer day at a speed greater than was reasonable and prudent under the conditions and without regard to the actual and potential hazards at that time. In count 16, Tillmon is accused of speeding for operating the Kawasaki at 135 mph in a 65-mph zone. In count 17, Tillmon is accused of reckless driving, a violation of Vehicle and Traffic Law, for operating the Kawasaki on I-90 in a manner which unreasonably interfered with the free and proper use of a public highway or unreasonably endangered users of a public highway.

Erica R. Leach is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 24 in the Town of Darien that Leach knowingly and unlawfully possessed a controlled substance: cocaine with a weight of 500 milligrams or more.

Latashia M. Sanchez is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Oct. 18 in the Town of Stafford that Sanchez drove a 2011 Chevrolet on Main Road -- Route 5 -- while intoxicated. In count two, she is accused of DWI, per se, as a misdemeanor, for having a BAC or .08 percent or more at the time. In count three, Sanchez is accused of first-degree aggravated unlicensed operation, a Class E felony. It is alleged in count three that Sanchez knew or had reason to know that her driving license was suspended and that she was driving without a license while intoxicated. In count four, she is accused of driving her vehicle in excess of 55 mph. In Special Information filed by the District Attorney, the defendant is accused of having been charged with DWI, per se, in Town of Le Roy Court on July 31. The prosecution of that crime forms the basis for the suspension referred to in count three. As a result of the prosecution, her license was suspended at 2 p.m. on Oct. 18 and was therefore in effect at 5:19 p.m. Oct. 18, when she allegedly violated the laws resulting in the current indictment.

Jeffery C. Rogers is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Aug. 25 he drove a 2011 Chevrolet with Tennessee plates on West Main Street in the City of Batavia while intoxicated. In count two, Rogers is accused of aggravated  DWI, per se, as a Class E felony, for allegedly having a BAC of .18 percent or more at the time. In count three, Rogers is accused of exceeding the maximum established speed limit. In Special Information filed by the First Assistant District Attorney of Genesee County, the defendant is accused of having been convicted of driving under the influence, as a misdemeanor, on April 13, 2015, in General Sessions Court, Knox County, Tenn. That conviction was within 10 years previous to the crimes alleged in the current indictment.