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Darien

Driver accused of killing teen in hit-and-run appears in court while attorneys file motions in legal case

By Howard B. Owens
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      Jennifer Serrano

The defense attorney for Jennifer Serrano, the 48-year-old woman accused of killing an 18-year-old Hinckley resident in a hit-and-run accident in Darien on Aug. 11, will be given a chance to challenge any statements obtained by police from her during the investigation that led to her arrest.

Judge Charles Zambito granted the motion today by Frank LoTempio for the hearing, known as Huntley Hearing, which is pretty standard in criminal cases.

LoTempio will be able to question the officers involved in obtaining statements from Serrano to determine whether or not her rights were violated and whether the statements were legally obtained.

Serrano was allegedly the driver of a vehicle that struck and killed Connor Lynskey after the Jason Aldean concert at Darien Lake. Lynskey and a group of people were walking on Sumner Road back to the Darien Lakes State Park, where they were camping, when he decided to run ahead to catch up with a friend. He was reported missing later that night. His body was found by a deputy the next day.

About a half-hour later, Serrano was stopped and charged with DWI but she did not mention the possible prior accident and was only connected to the accident the next day through police investigation.

At the DWI stop, where she reportedly almost hit a patrol vehicle, Serrano may have tried to talk the deputy into letter her go, according to police reports.

Serrano appeared in court shackled alongside LoTempio and co-counsel Jack Sanchez dressed in gray sweatpants and an orange sweatsuit hoodie jacket.

She is being held on $100,000 cash bail or $200,000 bond while her case heads toward a possible trial.

LoTempio also filed a supplemental motion challenging the search warrants used in the case. He had filed the motion after recently receiving copies of the warrants and the statements used to obtain them. District Attorney Lawrence Friedman will be given time to file a written response before Zambito rules on the motion.

Driver unresponsive after vehicle strikes tree off Route 77 in Darien

By Billie Owens

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A driver is unresponsive after his or her vehicle left the roadway and struck a tree off Route 77 in Darien. Mercy Flight is on standby. The accident location is 9610 Alleghany Road between Ganson Avenue and McGregor Road. Darien Fire Department and Mercy medics are responding.

UPDATE 3:56 p.m.: The driver is a 25-year-old male who lives in Corfu. He told Sheriff's deputies at the scene that he fell asleep at the wheel. His truck left the roadway, hit a drainage ditch and went airborne before coming to a stop 50 yards away after striking a tree. He was taken by ground ambulance to ECMC with non-life-threatening injuries. Investigators determined that no alcohol or drugs were involved in the accident, said Sgt. Jason Saile.

Grand Jury: Four cases of driving while intoxicated or under influence of drugs

By Billie Owens

Paul M. Gelardo is indicted for the crime of driving while ability impaired by drugs, a Class E felony. It is alleged that on July 13 in the Town of Oakfield that Gelardo drove a 2002 Chevrolet on South Pearl Street while his ability to do so was impaired by drugs. In count two, he is accused of aggravated unilicensed operation of the motor vehicle in the first degree, another Class E felony. It is alleged in count two that Gelardo knew, or had reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time he drove on South Pearl Street, and he did so while under the influence of alcohol or a drug. In count three, he is accused of the same crime as in count two, plus it alleges he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the Genesee County District Attorney, Gelardo is accused of having been convicted of driving while impaired by drugs, as a misdemeanor, on March 14, 2016 in Town of Brighton Court. That conviction was within 10 years of the commission of crimes alleged in the current indictment, and he knew, or should have known, about that conviction and that his driver's license was still suspended.

Shawn J. Scheg is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Town of Stafford that Scheg drove a 2007 Acura on Route 33 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day while his license was suspended, revoked or otherwise withdrawn by authorities. In count three, he is accused of circumventing an ignition interlock device, a Class A misdemeanor, which he was court ordered to have on his vehicle and which the Acura did not have. In Special Information filed by the Genesee County District Attorney, Scheg is accused of having been convicted of DWI, as a misdemeanor, on Oct. 9, 2012 in Genesee County Court, and that conviction forms for basis for the suspension or revocation referred to in count two of the current indictment.

Carl W. Altman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 26 Altman drove a 1998 Ford in the Darien Lake Concert Amphitheater parking lot in the Town of Darien while he was intoxicated. In Special Information filed by the Genesee County District Attorney, Altman is accused of having been convicted of DWI as a misdemeanor on Aug. 24, 2015 in Town of Gates Court and that conviction was within 10 years of the crime alleged in the current indictment.

David J. Henry is indicted for the crime of driving while intoxicated, per se, as a misdemeanor. It is alleged that on March 3 in the Town of Stafford that Henry drove on 2017 Volkswagon on Route 90 while having a BAC or .08 or more. In count two, he is accused of DWI, a msidemeanor. In count three, he is accused of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count three that Henry drove while under the influence of alcohol or a drug while his license was suspended or revoked and while he had three or more suspensions imposed or at least three separate dates for failure to answer, appear or pay a fine.

Genesee Tourism: Life in luxury at River Spring Lodge

By Genesee County Chamber of Commerce & Visitor Center

Imagine the perfect weekend getaway. It’s comfortable, secluded, and your every need is anticipated and cared for. Most importantly, it’s easy to get to. In fact, it may even be in your backyard. Welcome to River Spring Lodge, located at 1961A Church Road in Darien Center.

About the Lodge & the Hamers

An executive retreat and country inn, River Spring Lodge is known for providing a high-end, luxury experience to its guests. Opened in 2016, the Lodge is owned by locals Dave and Carolyn Hamer. After working in hospitality around the world for 15 years, the Hamers returned to Western New York to bring their passion for good food and great lodging to this area.

Seven modern and comfortable rooms, a fully equipped conference room, and large dining room make up this beautiful country estate.  

Deeply influenced by French cuisine as a student at the Culinary Institute of America, Chef Dave is world-renowned and has cooked for an impressive list of A-listers and celebrities. Carolyn complements the team with touches that make the River Spring Lodge experience unique – greeting each guest with a warm welcome as they arrive and sending them off with her favorite treat, a chocolate chunk cookie, when they depart.

A Romantic Escape

Surrounded by the colors of autumn, the deep chill of winter snow, or the sights and sounds of spring – River Spring Lodge is a romantic escape year-round. Named as one of the "top 10 most romantic inns in the country" by iLoveInns.com, they offer a couple's escape that’s sure to keep the fires burning or reignite the spark. Relax, refresh and enjoy each other’s company while your every need is tended to. The package includes a four-course dinner, three-course breakfast, and a room of unrivaled luxury. 

Meals are crafted by Chef Dave himself, and meant to be savored -- never rushed. When you dine at the lodge, the table is yours for the evening. Decide to retire, and you’ll find goose down duvets, European shower rooms, heated floors for the colder months, and woodland or pond-side views from your private balcony or alcove. Wi-Fi and boosted cell phone coverage allow you to stay connected with the outside world, but why would you want to?

A Sportman’s Paradise

Romance isn’t the only package River Spring Lodge specializes in. The Sportsman Suite is a completely private space for hunters and fisherman, offering an exclusive steelhead fishing trip, as well as whitetail, turkey and pheasant hunts. Boasting four bedrooms and two full bathrooms along with a gun safe, poker table and darts, it’s truly a man’s world wrapped in a wilderness retreat. And man’s best friend is welcome to join the fun, as hunting dogs are allowed in the suite. All-inclusive packages are available in the warmer months.

Drop By & Dine In

If an incredible food experience is simply what you seek, you don’t have to stay the night to get it. The dining room serves four-course dinners from 5 until 8 p.m. Tuesday through Sunday to lodge guests and local diners alike. While it’s open for reservations, we recommend you make one early. Dave and Carolyn take comfort seriously, so your table is yours for the evening, or however long you wish.

Once you’re booked for the evening, start perusing the menu. Guests are requested to pre-order their meal 24 hours in advance – all part of the personalized experience – on a menu that changes regularly. Local produce is used in season, keeping fresh foods and first quality always top-of-mind.

Large groups (8-18) can make reservations for the Chef’s Table, located in an adjacent room for a completely immersive dining experience – or sometimes even in the kitchen itself.

Whether you’re looking for your next hunting adventure, board retreat, romantic getaway, or just a weekend away from it all, River Spring Lodge is the ultimate in luxury and comfort. Stop by, and let Dave and Carolyn welcome you to an experience you won’t soon forget.

For more information visit www.visitgeneseeny.com.

Grand Jury: Phelps Road, Basom, sex offender accused of failing to register change of address

By Billie Owens

Daniel E. King is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that the convicted sex offender moved to 2058 Phelps Road in the Town of Basom on Jan. 24 and failed to register his change of address with the NYS Division of Criminal Justice Services within 10 calendar days as required.

Candido Candelaria III is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Aug. 16 in the Town of Le Roy that Candelaria drove a 2005 Chevrolet Equinox on Route 33 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In count three, it is alleged that the defendant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that he was under the influence of alcohol or a drug at the time. In Special information filed by the District Attorney, Candelaria is accused of having been convicted for DWI, per se, on Jan. 9, 2017 in Town of Ridgeway Court, Orleans County. The conviction forms the basis for count three of the current indictment.

Benjamin J. Marien is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 15 in the Town of Darien that Marien drove a 2008 Chevrolet Silverado on Chick Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time. In Special Information filed by the District Attorney, Marien is accused of having been convicted of DWI as a misdemeanor on Oct. 12, 2016, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Darien man accused of sexting girls at a school in Niagara County

By Howard B. Owens

A 29-year-old Darien Center man, Alexander Seegar, has been arrested by federal authorities and charged with receipt and possession of child pornography.

According to a press release from the office of U.S. Attorney James P. Kennedy, Seegar posed as a 16- or 17-year-old boy and sexted 10- to 12-year-old female students in a school in Niagara County. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and ask them for sexually explicit photos.

The complaint also states that Seegar was found in possession of numerous photos containing child pornography.

The charge carries a minimum penalty of five years in prison and a maximum of 20 years and a $250,000 fine.

Seegar appeared in Federal Court before U.S. Magistrate Michael J. Roemer today to answer the charges and enter a not guilty plea.

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

Law and order: Troopers arrest four people during Darien sobriety checkpoint detail

By Billie Owens

New York State Police based out of Troop A, Zone I, conducted a Sobriety Checkpoint in the Town of Darien as well as a dedicated DWI patrol in Genesee County, Friday night Sept. 28, into Saturday morning, Sept. 29. Two people were arrested for DWI during the detail and are to appear in the Town of Darien court at a later date: Sarah E. Convis, 32, of New Woodstock; and Pamela S. Bradshaw, 46, of Pennsylvania. In addition, Daryl L. Ford, 31, of Niagara Falls, was arrested for fifth-degree criminal possession of marijuana after being stopped for traffic infraction. He was also charged with second-degree aggravated unlicensed operation. He was issued an appearance ticket to return at a later date. Also, Jerard L. Cramer, 31, of Buffalo, was arrested for: felony first-degree aggravated unlicensed operation; unlawful possession of marijuana; driving without required ignition interlock device, and numerous other vehicle and traffic infractions. He was arraigned and released to appear in court at another date.

Melody J. McMaster, 47, of Washington Avenue, Batavia, is charged with trespass. At 10:15 a.m. on Sept. 23, McMaster was arrested on Harvester Avenue in the City of Batavia. She had previously been advised not to be on the property by police prior to this incident. She is due in Batavia City Court on Oct. 2. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Darryle Streeter.

Rachel Britanny Soloman, 26, of North Lake Road, Pembroke, is charged with: criminal contempt in the second degree; endangering the welfare of a child; obstruction of governmental administration in the second degree; and resisting arrest. Solomon was arrested as a result of an investigation into a reported violation of a court order. It is alleged that she violated an order of protection by being at the residence of the protected party on Meadville Road on the Tonawanda Indian Reservation at 11:15 a.m. on Sept. 29. She allegedly became uncooperative during the investigation and her actions place a child in danger. She was arrested, arraigned in Town of Alabama Court and jailed in lieu of $10,000 cash bail. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Jeremy McClellan.

Michael L. Jennings, 54, of Jackson Street, Batavia, is charged with owning an unlicensed dog. He was arrested at 6:41 p.m. on Sept. 21 and issued an appearance ticket. He is due in Batavia City Court on Oct. 9. The case was handled by Batavia Police Officer Catherine Mucha.

Marc C. Cook, 28, of Church Street, Basom, is charged with failure to appear. He was arrested and arraigned on Sept. 29 in Batavia City Court on two arrest warrants for failure to appear in city court. He was jailed in lieu of $1,000 cash bail or bond. He was due in city court today (Oct. 1). The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Marc Lawrence.

Jaequele M. Tomlin, 23, of Main Street, Le Roy, and Darazian W. Williams, 25, of Hutchins Street, Batavia, are both charged with unlawful possession of marijuana. Tomlin and Williams were arrested for allegedly possessing marijuana during an investigation following a traffic stop. This occurred at 6:18 p.m. on Sept. 28 on Ellicott Street in Batavia. The defendants are due in city court on Oct. 9 to answer the charge. The cases were handled by Batavia Police Officer Catherine Mucha, assisted by Sgt. Dan Coffey.

Nine arrests at Kid Rock concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Kid Rock/Brantley Gilbert Concert at Darien Lake Performing Arts Center on Friday:

Scott F. Parsons, 30, of Wilelen Road, Chili, was arrested for disorderly conduct after allegedly engaging in a fight in the parking lot after the concert. Parsons was also arrested on an outstanding Family Court Warrant and turned over to the Wayne County Sheriff’s Office. 

Frank J. Colosimo, 30, of Stone Road, Greece, was arrested for disorderly conduct after allegedly engaging in a fight in the parking lot after the concert. Colosimo was also arrested on an outstanding criminal mischief warrant and turned over to Irondequoit Police.

James F. Colosimo Jr., 31, of Pardee Road, Rochester, was arrested for disorderly conduct after allegedly engaging in a fight in the parking lot after the concert.

Chelea C. Richardson, 19, of Wilelen Road, Chili, was arrested for obstruction of governmental administration, 2nd, after allegedly interfering with deputies breaking up a fight in the parking lot.

Doria L. Gerew, 32, of Georgetown Drive, Rochester, was arrested for harassment, 2nd, after allegedly punching another patron in the face while exiting the concert venue.

Richard J. Moran, 40, of West Sobieski Street, Cheektowaga, was arrested for harassment, 2nd, after allegedly threating to harm a Live Nation Security Officer. 

Cory A. House, 21, of Hartland Street, Middleport, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Dirk D. Brown, 39, of Ford Street, Ogdensburg, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Michael A. Wheaton, 33, of Burt Hill Road, Canisteo, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Law and Order: Hutchins Place woman suspected of illegal dumping on State Street

By Billie Owens

Christine M. Jones, 31, of Hutchins Place, Batavia, is charged with illegally disposing of items (unspecified) at 9:45 a.m. on Sept. 26 on State Street. She was arrested and given an appearance ticket for illegal dumping. She is due in City Court on Oct. 4. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Frank Klimjack.

Jeremy J. Alwardt, 29, of Church Street, Le Roy, is charged with second-degree criminal trespass and second-degree harassment. He was arrested at 7:50 p.m. on Sept. 26 after a disturbance during which he allegedly forced entrance into an individual's porch and struck the person. He  was arraigned and jailed in lieu of unspecified bail and was due in Batavia City Court on Thursday. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Adam A. Alwardt, 30, of Willow Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested at 7:06 p.m. on Sept. 24 on Willow Street in Batavia after a domestic incident wherein he allegedly damaged property belonging to another person. He was arraigned and jailed on $1,500 cash or bond and was due to return to City Court on Tuesday. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

A male who lives on Chick Road in Darien, no other information provided, was arrested at 8:20 p.m. on Sept. 26 on Chick Road following a domestic incident. The household member is charged with third-degree menacing and second-degree harassment. He is scheduled to appear in Darien Town Court on Oct. 23 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Erik Andre.

Megan Elizabeth King, 24, of Fisher Road, Alabama, is charged with driving with a BAC of .08 percent or more and DWI -- first offense. She was arrrested at 9:39 p.m. on Sept. 26 on Main Road in Pembroke following an investigation into a motor-vehicle accident that occured on Route 5 in the Town of Pembroke on July 26. It is alleged that King was operating the vehicle with a BAC greater than .08 percent. She was issued an appearance ticket for Pembroke Town Court and is due there on Oct. 4. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Minuto.

Kevin J. Fickel, 37, of State Street, Batavia, is charged with petit larceny. He was arrested at 7:15 p.m. on Sept. 23 at Tops market after he allegedly exited the store without paying for several items. He is due in City Court on Oct. 2. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Jamie Givens.

CORRECTED: Colby Road will close for paving next week

By Billie Owens
Advisory from the GC Highway Department:

 

Please be advised that the Genesee County Highway Department will be paving Colby Road from Sumner Road to Route 5 33, in Darien and Pembroke, beginning Monday, Oct. 1st through Thursday, Oct. 4th.

The road will be closed for thru traffic. Local traffic, including school buses and emergency vehicles, will still have access to the roadway during paving.

There will be a notification when the road reopens.

The correction was provided today, Sept. 28, by the Highway Department.

Driver accused in fatal hit-and-run reportedly tried to talk deputy into letting her go during earlier DWI stop

By Howard B. Owens

Jennifer Serrano told a deputy she was looking for a girlfriend's house in Darien and was lost after nearly hitting the deputy's car on Route 77 in the early morning of Aug. 11.

The 48-year-old Serrano has been accused of hitting and killing Connor Lynskey, 18, of Hinckley, on Sumner Road about 25 minutes before her encounter with Deputy Robert C. Henning. The encounter led to her arrest on a drunken driving charge but she never revealed to Henning or any of the court or jail officials she met that morning that she may have been involved in a hit-and-run accident.

Lynskey had been reported missing by the time of her arrest but his body wouldn't be found until 11:30 in the morning. A day after his death was reported, Sheriff's Officers investigators developed leads and identified Serrano as the suspected driver of the hit-and-run vehicle. She was located at her sister's house in Amherst. Deputies also seized the vehicle they believe she was driving at the time of the accident about 12:30 a.m. and her subsequent arrest for DWI at 12:55 a.m.

After the near collision on Route 77, Henning flipped on the emergency lights of his patrol vehicle and initiated a traffic stop. In his report of the incident, he said he could detect a strong odor of alcohol and that Serrano's eyes were glassy, according to a report he wrote and attached to the arresting document on file with the Genesee County Court.

The Batavian requested the document after District Attorney Lawrence Friedman discussed it during Serrano's last court appearance Sept.12. Judge Charles Zambito granted the request at a hearing, where neither Serrano nor her attorneys appeared to object to the document's release, this past Thursday.

According to Henning's report, Serrano failed multiple parts of a field sobriety test but her demeanor even before the test began indicated she may have been intoxicated, according to the report.

"Jennifer was swaying back and forth and leaned into the tire on the back of the vehicle multiple times to keep her balance while I was talking to her," Henning wrote. "Jennifer was also fidgeting while speaking with me. She was constantly moving her hands and rubbing them together."

Henning 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.

During the field sobriety tests, Henning reported Serrano swayed back and forth and had a hard time keeping her head still.

At one time during the test, Serrano reportedly said, "Am I moving my head? I can't even tell."

She wasn't able to complete a balance test without hold her hands out and she couldn't successfully walk heel-to-toe, according to Henning's report.

After the walk and turn, she reportedly told Henning, "I failed."

The report also reveals there was a passenger in Serrano's vehicle, though the person isn't named and if police obtained a witness statement from the passenger, it's not included in the court file.

Serrano said she drove from Silver Lake to Darien Lake to pick up her passenger after the Jason Aldean concert, according to statements Serrano reportedly made to Henning.

When Henning asked Serrano about consuming alcohol that night, Serrano reportedly said, "I had some earlier."

"What's some?" Henning asked.

The report says Serrano then said, "Umm, I didn't have any."

After informing Serrano he would conduct some tests, Serrano reportedly told Henning, "Well, listen, can you just let me hang here? You just let me hang here. You just all did your thing. You walked around. Could you just call my cousin, like talk to my cousin and just let me know."

Later she reportedly said, "My girlfriend's house is on this street. I pulled into the wrong driveway. I pulled out in front of you. Could you just do a solid, you know, like I promise you. Can we call my, you call my cousin and we follow you, and you follow me."

While trying to convince Serrano to submitted to a breath test, he told her, "It's another ticket if you refuse," and Serrano reportedly told Henning, "It's not another ticket if I refuse. "It's, it's, I'm doomed."

When Henning informed her she was under arrest, Serrano reportedly said, "Really? I've been kind to you. Oh, my God."

Later, after Serrano said she really didn't understand what was going on, Henning said he told her, " I believe that you are intoxicated to the point where you should not be driving a motor vehicle, OK? So I arrested you for that. Now you admitted to drinking. I don't know what. I don't know how much but that's basically what the field tests and the Datamaster can prove it."

Serrano said, "I don't understand how this is going to work out for me, like, you keep saying, 'it's going to be OK.' "

"It will," said Henning, who at the time didn't know about Lynskey. "It's not the end of the world. Look, the end of the world could have been that you got in a head-on collision tonight and either hurt yourself, hurt the passenger, or hurt someone else." 

All Serrano reportedly had to say at that point was, "I just pulled out of a driveway in front of you. I was looking for my girlfriend's house."

Lynskey, a promising medical student, according to his family, had attended the Jason Aldean concert with friends and family. They were all camping at Darien Lakes State Park. Lynskey was walking with members of his group when he decided to run ahead on Sumner Road and catch up with a friend. That was the last time anybody saw him alive.

Corn chopper fire reported in Darien

By Howard B. Owens

A corn chopper is reportedly fully engulfed in flames in a farm field at Colby and Sumner roads, Darien.

Darien fire is dispatched.

UPDATE 2:03 p.m.: Fire is out.

UPDATE 2:35 p.m.: Darien fire is back in service.

Structure fire reported on Alley Road, Darien

By Howard B. Owens

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A structure fire is reported at 483 Alley Road, Darien.

That's between Gadd Road and Countyline Road.

The fire has gone to a second alarm.

It was initially reported as a shop fire but it reportedly quickly spread to a residence. A caller reportedly went into the house to assist an elderly resident with getting out.

Darien fire dispatched along with mutual aid companies.

UPDATE 11:34 p.m. (By Billie): The house closest to the blaze was never in danger; there was no flame damage to the house. A neighbor assisted an elderly resident to the back of the property, where the elderly resident's son resides. Meanwhile, a neighbor and the woman's son removed propane tanks from the building. But the all-metal construction of the shop was nonetheless destroyed. The son is a road construction electrical contractor.

UPDATE 1 a.m. (by Howard): The structure was fully involved when the first firefighters arrived on the scene, according to Capt. Ray Felski, so crews immediately took a defensive posture toward fighting the fire.

"Tthe initial report said it was a shop fire and then it was updated that it might have gotten to the residence," Felski said. "On our arrival, it had not gotten into the residence. It was contained to the shop building, which was fully involved on our arrival."

The structure is a total loss, along with four commercial vehicles parked in the building.

Firefighters from three counties and seven companies responded to the fire. No injuries were reported. The humid night required crews to rotate regularly so they could stay hydrated. There is a large pond on the property near the shop, which was a key source of water, Felski said. Tankers were also dispatched to the fire. "Water was not an issue," Felski said.

The property is owned by the Osborn family.

PHOTOS: First four photos submitted by a reader. The rest of the photos by Howard Owens.

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Video: Theft of produce stand cash box in Darien

By Howard B. Owens

On two occasions, a cash box from a produce stand, The Cornercopia, at Route 77 and Route 20 in Darien has been stolen. 

After the first burglary, a more secure lock was installed and the thieves took the entire red plate steel cash box.

A cash reward is being offered for information leading to the arrest and successful prosecution of the suspects.

The two people in this video (who brought their dogs with them, and one of the men can be seen apparently hitting one of the dogs at about the 1:50 mark) are possible suspects and the owners of the fruit stand are asking anybody with information to come forward and contact local law enforcement. 

The State Police are handling the investigation. To report any information that may assist in the investigation, call (585) 343-5000.

Darien supervisor: County's 'fixed dollar amount' sales tax offer is a blow to towns and villages

By Mike Pettinella

If Genesee County cuts out or reduces the amount of sales tax revenue it distributes to its towns and villages, it likely will result in increased property taxes to those living in those communities.

That’s the view of Darien Town Supervisor David Hagelberger as he keeps a watchful eye on the situation while representing the Genesee Association of Municipalities on a committee working with Genesee County and City of Batavia leaders.

“Towns and villages are saying that if the county keeps all of the sales tax money, they would have no alternative but to raise local taxes to compensate,” Hagelberger said today. “If the county keeps all of it, you will see an increase in property taxes, slashing of services, depletion of fund balances or a combination thereof.”

Hagelberger said he is concerned over a couple of key issues:

-- That a new sales tax agreement between Genesee County and the City of Batavia does not include towns and villages – unlike the previous agreement that expires at the end of 2018;

-- That the County Legislature has indicated that it will forge separate agreements with the towns and villages based on a fixed dollar amount – and not a percentage that previously applied.

On Monday night, the Batavia City Council moved to vote on its agreement with the county at its next meeting on Sept. 24.

The new 40-year agreement calls for the city to receive its current 16 percent of the county’s share (Genesee County gets to keep half of the 8 percent sales tax, with the rest going to the state) through this year with provisions for that amount to grow in future years by a maximum of 2 percent per year.

If future sales tax growth exceeds 2 percent annually, the county will retain the amount above 2 percent, resulting in the city’s overall percentage share changing even though the city received additional funds. In any event, the City’s share will be no less than 14 percent for the remainder of the 40-year contract.

Meanwhile, towns and villages, which currently split 34 percent of the county’s share based on full taxable value of real property, are left out in the cold going forward, said Hagelberger, who reported that legislators on Wednesday night tabled voting on the agreement with the City of Batavia based on new information from the State Comptroller’s office.

“We have learned that the county has decided not to include us in the sales tax agreement, but will be replacing that with ‘Payment Distribution Agreements’ with the individual towns and villages,” he said. “Their proposal caps the sales tax distribution at the 2018 number – a fixed dollar amount and not a fixed percentage as in the past.”

What this means, according to Hagelberger, is that towns and villages would get the same dollar amount as they received in 2018 for the next 40 years. In the Town of Darien's case, for example, he projects sales tax revenue to exceed $1 million for this year.

“And we all know what happens with inflation and fixed incomes,” he said. “This is not good for towns and villages.”

County Manager Jay Gsell confirmed that the county is offering a fixed amount to towns and villages -- instead of a percentage – via what he termed a “Revenue Distribution Agreement.”

“The county is looking at building a new jail and spending $120 million on bridges and roads,” Gsell said. “Genesee is one of three counties in the state, by virtue of a 1938 statute, totally responsible for the maintenance, upkeep and replacements of bridges and culverts – anything going over a body of water that a vehicle can drive over.”

Gsell acknowledged that towns and villages may have to look at other revenue streams.

“Darien and Pembroke, for example, have zero town tax rates,” he said. “They have been budgeting a lion’s share through sales tax revenue.”

He also said the legislature is prepared to act on its agreement with the City of Batavia at its Sept. 26 meeting, noting that a procedural point brought up by the State Comptroller’s office forced the board to table it last night.

Hagelberger said that town supervisors are under a time crunch to submit their preliminary budgets later this month – fiscal plans that include property tax projections.

“We may not know in enough time to properly work up a budget. We have no guarantee if revenue from sales tax will go into the budget. It creates a lot of uncertainty,” he said, adding that any sales tax contract has to be approved by the State Comptroller’s office and that could impact the accuracy of final budgets which need to be completed by Nov. 28.

Hagelberger said he hopes the county will “clarify its position” soon and expects the issue to be a major part of the next GAM meeting on Sept. 20 at Genesee County Building 2 on West Main Street Road.

Zambito reaffirms high bail for woman charged in fatal hit-and-run, cites significant flight risk

By Howard B. Owens

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A woman accused of driving drunk, fatally hitting an 18-year-old on Sumner Road in Darien, fleeing the scene, and not telling police about it later when she was arrested after nearly striking a Sheriff's patrol vehicle, was in court today with a pair of new, sharply dressed attorneys from Buffalo.

Frank LoTempio tried to convince Judge Charles Zambito, that his client, Jennifer L. Serrano, 48, of Charles Street, Irving, should get her bail reduced.

She was indicted by a grand jury this week on second-degree vehicular manslaughter, leaving the scene of an accident that resulted in death, DWI, and aggravated unlicensed operation. She faces a prison term of up to 14 years.

She came into court shackled and in a tan Niagara County Jail jumpsuit, still in custody on $100,000 cash bail or $200,000 bond.

LoTempio argued that Serrano has strong local ties. He said she owns a home in Irving that is worth $115,000 and she has $30,000 equity in the property, that she owns her own business -- Jenny Marketing Group -- and has four significant clients, and that she has joint custody of her three children -- ages 12 through 21.

"She's very involved in their lives and she's a very good mother," LoTempio said.

While she has suffered from depression, LoTempio said he and co-attorney Jack Sanchez had met with her and felt she had no current mental health issues. He said her depression stemmed from her divorce a year and a half ago.

She also has no prior criminal record.

"I feel cash bail of $25,000 to $40,000 is reasonable," LoTempio said.

Zambito heard these same arguments the last time Serrano appeared in court but District Attorney Lawrence Friedman said he felt it necessary to address the counter-argument to LoTempio's assertions.

While Serrano claims to own a house in Irving, there's no proof of its value or her equity in it, and she says if she's out of jail, she's going to live with her sister in Amherst. Also, she claims to own a business but Friedman has seen no documentation to prove that she does. 

As for her children, "According to our investigation, we're told they are estranged from her," Friedman said.

He also said he doesn't believe her attorneys are qualified to assess her mental health. 

As for the crime itself, Friedman said, she's accused of killing Connor Lynskey, of Hinckley, on Sumner Road, on Aug. 11, and fleeing the scene. Lynskey's body landed in a ditch and he wasn't found until the following day. About 30 minutes later, Serrano's vehicle was stopped after she nearly struck a patrol vehicle on Route 77 and she was charged with DWI. Friedman said Serrano went through the arrest process, through court, through booking at the jail, and she never said a word to anybody that she might have struck a pedestrian. 

At that time, police didn't know Lynskey had been struck by a car but he had been reported missing.

As Friedman completed this narration of events, Lynskey's mother, sitting in the first row of the gallery with a box of tissues her hands, began to sob.

Friedman also pointed out that Serrano went back to her car after being released from custody and drove to Amherst. He said his office has reason to believe she was still intoxicated at that time and she certainly knew her driver's license had just been revoked but she drove anyway.

"I don't understand how defense counsel can say she is not a flight risk," Friedman said. "She's already fled. Now she's been indicted and has even more reason to flee."

Zambito, in denying her bail reduction, cited many of the reasons Friedman just shared -- she left the scene and she didn't notify law enforcement even while in custody, and that her flight risk was a "significant concern."

Serrano is due in court again at 1:30 p.m., Nov. 15, when attorneys will address any motions filed in the case.

Woman not moving after being run over by a vehicle in driveway on Sumner Road

By Billie Owens

A 61-year-old female was run over in the driveway of a home on Sumner Road in Darien after a truck's transmission "popped into neutral." She is not moving. Darien Fire Department and Mercy medics are responding.

UPDATE 1:50 p.m.: Patient transported to ECMC by ground ambulance.

Grand Jury: Woman indicted for vehicular manslaughter, man was killed on Sumner Road Aug. 11

By Billie Owens

Jennifer L. Serrano is indicted for second-degree vehicular manslaughter, a Class D felony. It is alleged that on Aug. 11 on Sumner Road in the Town of Darien that she caused the death of a male, and she drove a 2014 Jeep in violation of the law, and as a result of intoxication or impairment by use of a drug or the combined influence of drugs or alcohol, drove the Jeep in a manner that cause the death of a person. In count two, she is accused of leaving the scene of an accident with reporting it, a Class D felony, and the personal injury involved resulted in death. In count three, she is accused of driving while intoxicated, as a misdemeanor, for driving on Sumner Road and on state Route 77 on Aug. 11 in Darien while intoxicated. In count four, she is accused of aggravated unlicensed operation of a motor vehicle in the second degree, a misdemeanor. It is alleged in count four that she drove that day while knowing, or having reason to know, that her driver's license in New York was suspended, revoked or otherwise withdrawn by authorities; and the revocation was based on a refusal to submit to a chemical test, in violation of vehicle and traffic law.

Ralph E. Stevenson is indicted for the crime of failure to verify as a sex offender, a Class E felony. It is alleged that this convicted Level 3 sex offender, in the Town of Bergen, on Jan. 26 failed to provide a current photograph of himself in the manner and within the time periods provided by law.

Jessie P. Polito AKA Jesse P. Polito is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Oct. 8 in the Town of Le Roy that the defendant stole property -- a Capital One Mastercard. In counts two and three, he is accused of the same crime for allegedly stealing a second Mastercard and a Le Roy Federal Credit Union card, respectively. In count four, he is accused of petit larceny, a Class A misdemeanor, for stealing property.

Darien Lake's Harvest Festival features local food, regional art, music, and fun for kids

By Howard B. Owens

Press release:

Darien Lake, a Six Flags Theme Park, and the Coaster Capital of New York, is holding its fourth annual Harvest Festival Sept. 8 through 23, featuring local performers, food trucks, crafters and fun activities throughout the park, all set against the beautiful fall foliage of the season.

Harvest Festival activities that are included with park admission:

  • Local food trucks including Eat Greek, The Cheesy Chick and Center Street Smokehous, plus seasonal in-park fall treats;
  • Stage entertainment with international bands, local performers and dance groups;
  • Regional arts and craft vendors;
  • Hay-mazing Adventure – a fun kids’ maze;
  • Harvest Fest Express hayrides;
  • Keg Tap and Beer Slides (for ages 21 and up); and
  • Ignite the Night Laser show on the lawn Saturdays at 8 p.m.

Vacationing guests will have access to special harvest-themed activities each Friday evening before the Festival, including Magical Pumpkin Forest, when guests will plant seeds at night and “harvest” their pumpkins the next morning. There will also be fall-themed crafts in the hotel and a family-friendly movie on the laser lawn at 9 p.m.

The Harvest Festival takes place Sept. 8, 9, 15, 16, 22, and 23; and Saturdays 11 a.m. – 7 p.m., and Sundays, 11 a.m. – 5 p.m.        

Darien Lake is also announcing the extension of its special Flash Sale, now through Sunday, Sept. 9, featuring the best deal of the year — savings up to 70 percent off on a 2019 Season Pass, which also includes admission to 2018 Fright Fest®, a new Halloween event this October.

Guests who take advantage of this special offer will receive a free upgrade to a Gold Season Pass with every Pass purchased. Gold Season Passes include admission to Six Flags Darien Lake and any other Six Flags theme park, as well as free parking, special admission offers for friends and a free drink bottle with paid refills.

During the Flash Sale guests can also join the Six Flags Membership program for 65 percent off the Season Price and receive three free bonus months. Six Flags Membership includes all of the benefits of Season Pass plus more than 50 additional benefits such as unlimited soft drinks, preferred parking, walk-on passes for rides, and exclusive waterpark seating. Members can also participate in Six Flags Membership Rewards, a new loyalty program that allows guests to earn valuable prizes for just for riding rides, seeing shows, and having a great time at the park.

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