Darien

If Defense Attorney Thomas Burns wants the mobile phone records of the occupants of a Toyota in which one of the passengers was killed in an accident, he will need to subpoena them himself.

Judge Robert C. Noonan denied Burns' motion to require the prosecution to produce the records.

In his ruling, Noonan noted that the defense can obtain the records subpoena duces tecum, which means "bring with you under penalty of punishment."

Asked whether he would issue such a subpoena, Burns responded:

The Court has decided that the items sought can be independently secured by the defense. Of course there are a number of hurdles to acquire the information necessary to issue an appropriate subpoena to acquire them. The defense merely sought the assistance of the prosecution in providing that information. Since the ruling requires the defense to independently acquire such information we will do just that. The irony is that in a civil proceeding the discovery mechanisms provide for almost unlimited disclosure from the opposing party, by use of depositions etc., these things are not available to a criminal defendant. Nor does a prosecution witness have any obligation to speak to a criminal defendant's attorney or investigator. However, it is my intention to take whatever steps are necessary to secure records of all occupants of the vehicle. The remaining issue is that of relevance. For a jury to be informed of the content of such information the Court would need to be convinced that such information is relevant and probative on a material issue in the case.

Burns is defending Ronald J. Wendt, a 24-year-old Alexander resident who faces numerous felony charges following the accident that took the life of Katie Stanley, 18, of Dansville. Criminal enhancements sought by District Attorney Lawrence Friedman could lead to as much as a 25-year sentence. Wendt allegedly had a BAC of .08 at the time of the accident.

The dirver of the Toyota, Rachel L. Enderle, 27, also of Dansville, was named in a lawsuit filed last month in Rochester by one of the occupants of the car, Michael A. Enderle.

There were apparently no skids marks left by the Toyota prior to hitting Wendt's pickup truck.

Wendt is in jail on $250,000 bail after he reportedly violated the terms of his previous release by riding a motorbike to work.

For previous coverage of the Ronald J. Wendt case, click here.

One of the passengers in a car involved in a fatal accident Aug. 14 in Darien Center has filed a lawsuit seeking unspecified damages against the drivers of both vehicles.

Timothy L. Enderle names as defendants Ronald J. Wendt, Jr., Rachel L. Enderle and Michael A. Enderle.

Rachel, 27, was reportedly the driver of a 1993 Toyota sedan owned by Michael. Timothy, 20, was a passenger along with Gabrielle E. Mahus, 18, and Katie M. Stanley, 18.

Stanley died as a result of injuries sustained in the accident.

According to the initial Sheriff's Office press release, Timothy was transported by ambulance to UMMC and later transferred to Strong Memorial with a hip injury.

When we reached Rochester attorney Sheldon W. Boyce, who is representing Timothy, he wasn't in his office and didn't have a copy of the case with him, but he indicated there is no specific allegation of distracted driving by Rachel or equipment failure in the Toyota.

"Any time there are two cars in an accident, there is a certain percentage of fault with both drivers," Boyce said.

Wendt, who is accused of drunken driving, is in jail on $250,000 bail awaiting trial on a 12-count indictment that with enhancements could lead to a 25-year prison term.

For previous coverage, click here.

The attorney for an Alexander man accused of driving drunk at the time of a fatal accident in Darien wants to see the mobile phone records for the occupants of the car carrying the Dansville teenager who was killed.

District Attorney Lawrence Friedman says that Defense Attorney Thomas Burns is merely on a "fishing expedition" in his request for the records.

The request and Friedman 's response are in motions filed by the two attorneys in the case of 24-year-old Ronald J. Wendt.

Wendt faces a 12-count indictment in the case, including an enhancement charge that could lead to a 25-year prison sentence.

"The requested records are relevant and highly probative on the issue of the driver's attention to road conditions and other traffic immediately to the automobile accident," Burns writes. 

Burns goes on to note that distracted driving, according to the National Highway Transportation Safety Administration, accounts for 26 percent of motor vehicle accidents.

Friedman responded, "There has never been any indication that anyone in the victims' automobile was using a cell phone at or near the time of the collision ... Instead, the defense is simply attempting to engage in a "fishing expedition" ... The people are not in possession of, nor aware of, the existence of any such cell phone records. Furthermore, we fail to see the relevance of possible cell phone communications involving passengers in said vehicle. Finally, it is the People's position that there is no authority for the Defendant's baseless effort to obtain possible cell phone records of crime victims and that such discovery would be beyond the parameters of (evidence law)."

Katie M. Stanley was killed in the Aug. 14 accident. Stanley was a passenger in a Toyota driven by a friend from Dansville and there were two other passengers. The group was returning from Darien Lake on Route 5 when it entered Darien Center, where the speed limit quickly drops from 55 mph to 40 mph. Wendt was apparently the driver of a Dodge Ram pickup that turned left into the parking lot of My Saloon just ahead of the oncoming car.

The Toyota struck the rear of the pickup truck. There has been no evidence presented so far, nor reports of, skid marks or other evasive action by the driver of the Toyota.

Wendt reportedly told a Sheriff's deputy that he had been drinking beer that day while baling hay. Deputy Tim Wescott reported that Wendt demonstrated slurred speech, had the odor of alcohol and demonstrated poor coordination following the accident. He reportedly had a BAC of .08.

Judge Robert Noonan will hear oral arguments in the motions on Jan. 19.

Burns has also filed a standard number of motions to disclose evidence, open the Grand Jury minutes, dismiss the case on various grounds and suppress specific pieces of evidence on various legal grounds.

For previous coverage, click here (all previous stories on this topic are now tagged "Ronald J. Wendt").

A Chevy Avalanche is on fire, fully involved, at 883 Route 20, Darien.

Darien Fire is responding. The firs responder reports that the driver says the truck has a full tank of gas.

"There's not much we can do with it now," the responder said.

An Alabama man suffered minor injuries after allegedly falling asleep at the wheel and striking a parked car on Thursday.

The 5:15 p.m. accident occurred as Brandon W. Benben was reportedly driving northbound on Route 77 in the area of Sumner Road.

Benben's 2000 Toyota sedan reportedly drifted off the left side of the road, struck a utility pole and a garage before hitting the parked car.

Benben did not require transportation to a hospital. He reportedly suffered minor cuts to his arms.

Deputy Patrick Reeves handled the accident investigation and cited Benben for allegedly crossing a no-passing lane with double yellow markers.

Michael Joseph Raphael, 20, of 4 Noonan Ave., Batavia, is charged with disorderly conduct. Raphael was arrested yesterday at 5:17 p.m. for allegedly using obscene language and calling another person a name.

A 17-year-old from Darien Center was arrested by State Police arrested and charged with assault and menacing in the third degree. The alleged incident was reported Dec. 4 at 11:27 a.m. No further details were released.

Emergency crews are shutting down southbound Route 77 at Route 33 because a disabled tractor-trailer is blocking the roadway.

Emergency crews are responding to a number of weather-related incidents.

Electrical wires are reported to be fallen, on fire and arcing in the trees at 8971 Wilkinson Road in East Pembroke. National Grid has been advised.

Also, wires are reported to be dangling from a pole at Broadway and County Line Road in Darien. It is believed they are phone wires, not electrical power lines.

A tree is reported to have fallen on the shoulder of the roadway, partially blocking it, at 1445 Route 20, east of Route 77, in Darien.

Ronald J. Wendt, accused of driving drunk in Darien and getting into an accident that claimed the life of a Dansville girl, is back in jail.

Wendt had been released on $50,000 bail pending his trial, but on the condition he not drive (his license was revoked).

On Nov. 18, Wendt was stopped by a State Trooper in the Town of Batavia while riding a reportedly unregistered and uninsured dirt motor bike.

District Attorney Lawrence Friedman said Wendt readily admitted to the Trooper who he was and volunteered information about his case.  The Trooper arrested him and brought him before a Town of Batavia justice, who set his bail at $500, which Wendt immediately paid.

Friedman brought the arrest to the attention of Judge Robert Noonan, who ordered Wendt to appear in County Court.  Noonan adjusted Wendt's bail to $250,000.

Alcohol was not a factor in the latest arrest, Friedman said. 

He couldn't confirm whether Wendt was trying to get to work at the time of his arrest.

Wendt has not yet raised that bail amount.

Previously:

• Drunken driving suspected in Darien accident that kills Dansville girl
• More serious manslaughter charge levied against Alexander man accused of drunken driving
• Alexander man accused of manslaughter pleads not guilty to 11 felony counts

We just heard that there is some level of power outage in Darien and Corfu.  An official reported, "half power" in those communities.

The stoplight routes 33 and 77 is apparently out and a deputy has been dispatched to control traffic.

The power outage has not yet been reported on National Grid's Web site.

UPDATE 12:24 p.m.: Power outage reports are starting to pop up on National Grid's map.

UPDATE 12:31 p.m.: There is reportedly a low flying helicopter from National Grid in the area checking power lines. Also, county dispatch has been told it will be at least an hour before power is restored.

UPDATE 12:46 p.m.: Sheriff's Deputy reports that the traffic light in Corfu is working again.

A zoning regulation in the Village of Alexander that requires all new commercial buildings to line up along the sidewalk is facing a first-time challenge from an existing business that wants to change locations.

The owners of Country in the Village, a cafe on Route 98, want to build a new drive-thru business on Buffalo Road, but the business would have be set back from the street by 63 feet.

That violates the village plan to have all businesses line up in a block.

Tonight, the Genesee County Planning Board denied Gary and Bea Dominick's request for a special-use permit.

Planning Director Jim Duval said it will be up to the village to decide if it wants to waver from its commercial development plan, not the county planning board.

In other planning news:

The board denied a request for a variance at 3589 Pike Road in the Town of Batavia for a building to stable animals. Duval said the 25-foot set back put the building too close to the roadway.

A temporary-use permit was granted to the Town of Bethany to allow a retail store in its old Town Hall. The town is planning a country store, with a craft shop, grocery items, historical exhibit and learning center. The facility will also offer classes in fly tying and cake decorating, as well as craft classes for children. Multiple vendors will be offered space in the store.

In the Town of Darien, the developer of East Bonnie Brae is ready to build the second half of its housing project, filling out the east side of the development. The original plan called for the street that now serves the west side to loop around. But a landowner who would need to sell his land to make a portion of the street continuation possible, no longer wishes to sell. The proposed development addition would have a cul-de-sac. The problem with the proposal, according to Duval, is that 11 parcels do not have the required 100-foot set back. The developer, Duval said, disagrees with how the planning department is calculating the set back. The Town of Darien also advised the applicant that a required recreational area was not included. The board disapproved the preliminary plan for the development.

Indicted on a rarely used aggravated vehicular manslaughter charge and facing up to 25 years in prison, 24-year-old Ron Wendt, Jr. appeared in County Court today to formally plead not guilty to all 11 felony accounts against him.

Wendt, a resident of Alexander, is out of jail on $50,000 bail and appeared before Judge Robert Noonan in navy blue slacks, a blue shirt and blue tie. His family was with him.

Also in court was the family of Katie Stanley, an 18-year-old girl who was a back-seat passenger in  a 1993 Toyota Camry on Aug. 14, when Wendt reportedly made a left-hand turn from Route 20 into the parking lot of My Saloon just as the Camry entered Darien Center.

The Camry struck the rear of Wendt's 2001 Dodge Ram truck.

Stanley died as result of the injuries she sustained in the accident.

Wendt was allegedly found later to have a BAC of .08.

His attorney, Thomas A. Burns, now has 45 days to file motions and prepare his case.

Previously:

• Drunken driving suspected in Darien accident that kills Dansville girl
• Driver accused of manslaughter in accident will have case go to grand jury
• More serious manslaughter charge levied against Alexander man accused of drunken driving

James M. Kulik, 19, of Alden, is charged with assault in the third degree, unlawful imprisonment, criminal mischief and harassment. Alden was arrested by State Police in Darien at 6:10 p.m. yesterday. He was jailed on a cash bail. No further details were released.

Kyle Earl Viehdeffer, 21, of 114 Bank Street, Lower/Front, is charged aggravated unlicensed operation of a vehicle. Viehdeffer was turned over to the Sheriff's Office on a bench warrant issued out of the Town of Batavia Court. Viehdeffer was released on $200 bail.

Juan Alberto Ramos, 19, of 110 E. 177th St., Apt. 2E, Bronx, is charged with trespass. Ramos allegedly entered College Village without appropriately signing in with security.

Christopher Patrick Ball, 27, of 4902 Route 63, Batavia, is charged with aggravated harassment. Ball allegedly called a woman's cell phone numerous times, causing an annoyance. Justice Tom Williams issued an order of protection.

Patrick L. Gugliuzza, 30, of 94 Exchange St., Attica, is charged with DWI, criminal possession of a controlled substance and following too closely. Deputies were in the area of 104435 Route 98 in Alexander investigating a motor-vehicle accident. The deputies received a report of a minor property-damage accident on southbound Route 98 near the accident scene. Upon investigation of that accident, Deputy J.M. Graff concluded that Gugliuzza was allegedly driving while intoxicated. Further investigation allegedly revealed that Gugliuzza had a small quantity of heroin. His passenger, Brandon Eck, 29, of 51 Bunnel St., Attica, was also charged with criminal possession of a controlled substance, criminal possession of a hypodermic instrument and unlawful possession marijuana.

Keith A. Finan, 44, of 10501 Bonnie Brae Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no-passing zone. Finan was reportedly stopped on Bonnie Brae Drive in Darien on Friday. The investigation was conducted by Deputy Jason Saile.

William Daniel Nix, 48, of 55 Riverview Drive, Rochester, is charged with criminal mischief, harassment and disorderly conduct. Nix is accused of causing a disturbance at 48 Deli Express at 8204 Park Road. Nix was reportedly using foul language and was asked to leave. Nix allegedly continued to use foul language and got involved in a physical struggle with a clerk, tearing his shirt.

Ariana M. Busch, 19, of 10876 Bowen Road, Attica, is charged with DWI, driving with a BAC of .08 or greater and failure to dim headlights. Busch was arrested following a traffic stop on Route 20 in Darien at 2:25 a.m. on Saturday.

Dylan C. Miller, 21, of 3883 Eagle Harbor Road, Albion, is charged with DWI, driving with a BAC of .08 or greater, driving an unregistered car and failure to yield right-of-way. Miller was stopped by Officer T.S. Mart on Oak Street at 2:18 a.m. on Saturday.

Brian L. Smith, 47, of 8655 Jones Road, Houston, Texas, is charged with DWI and driving with improper tail lamps. Smith was stopped by Officer Dan Coffey at 1:05 a.m. on Sunda. Smith was jailed on $1,000 bail.

Scott D. Kingdon, 43, of 6243 Sparks Road, Pavilion, is charged with DWI and driving with a BAC of .08 or greater. Kingdon was reportedly involved in a verbal argument with a friend. The friend called the Sheriff's Office and reported that Kingdon might be at her house. While Deputy Kevin McCarthy was checking the residence, Kingdon reportedly pulled into the driveway. McCarthy allegedly found Kingdon was driving while intoxicated.

Two teenagers, one from Alexander and another from Bethany, are charged with petit larceny for an alleged theft in Alexander. The original incident was reported to State Police on Sept. 15.

David H. Robinson, 45, of Corfu, and Amber M. Robinson, 40, of Batavia, are charged with identity theft. Amber is also charged with forgery of a public record. David and Amber were arrested by State Police at 3 p.m. on Thursday. No further information is available.

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

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

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

A Grand Jury indictment has been handed down against Ronald J. Wendt, of Alexander, charging him with 11 felony counts stemming from an accident on Aug. 14 that claimed the life of an 18-year-old Dansville girl.

Among the charges against Wendt, 24, is aggravated vehicular manslaughter, a new statute in New York that carries a maximum sentence of 25 years in prison.

WBTA spoke with District Attorney Lawrence Friedman about the unique charge.

Friedman said elements of the alleged crime, relevant to the more serious charge, is that it includes alleged reckless driving and causing serious injury to another person.

Wendt is represented by Batavia Attorney Thomas Burns, who issued a statement following Wendt's preliminary hearing in August challenging the validity of drunken-driving charges in this case.

In addition to challenging the actual charges, Burns asserted that there is ample evidence that Wendt was not intoxicated at the time of the accident.

Among key facts raised during the preliminary hearing were that Wendt passed one element of the road-side sobriety test.

Wendt was reportedly making a left-hand turn off Route 20 into the parking lot of My Saloon -- an area not far from where the speed limit changes from 55 down to 40 mph -- when his truck was struck by the car. It's unclear if the car left any skid marks.

According to testimony at the hearing, Wendt told Deputy Tim Wescott that he had a few beers, during and after work, on a nearby farm bailing hay. His BAC was reportedly right at .08 after the accident.

"I fought the law, and the law won."

Peter H. Scrooby is going to try and do what Bobby Fuller and The Clash said they couldn't do, fight the law and win.

Scrooby asked for a jury bench trial (the charge is not serious enough to warrant a jury trial) tonight in Darien Town Court on his disorderly conduct charge. Scrooby was arrested at the Kid Rock concert July 15. The Batavian featured him as one of three defendants arrested that night as part of a story about the Darien court on a concert night.

While the other two defendants featured in the story long ago accepted guilty pleas and have moved on, Scrooby isn't rolling over for the law.

The Rochester resident has retained Batavia attorney Thomas Burns, and Burns indicated his client doesn't think he did anything to warrant his arrest and the charge.

"It's very important to him," Burns said. "It's a matter of principle. Despite the fact that it's a minor charge, he's willing to invest the time and effort to let the truth be known as to what happened."

Scrooby's trial is set for Feb. 1 at 5:30 p.m. in Darien.

Anthonly J. Spearance, 24, of 107 Washington Ave., Batavia, is charged with disorderly conduct and reckless endangerment. Spearance allegedly punched his pregnant girlfriend in the stomach. He was jailed on $1,500 bail.

James T. Moore, 50, of 115 Summit St., Batavia, and Patricia L. Brinkman, 48, of the same address, are both charged with assault in the third degree. Both were allegedly involved in a physical altercation during a domestic dispute. Both were jailed on $500 bail each.

Christopher C. Say, 18, of 514 E. Main St., Batavia, is charged with menacing. Say allegedly brandished a large knife and threatened another person with it during a fight. He was jailed on $1,000 bail.

Jeremy A. Weatherbee, 40, of 65 Roosevelt Ave., Batavia, is charged with criminal contempt. Weatherbee allegedly sent text messages to a person he was barred by court order from contacting.

Amanda L. Spring, 26, of 34 Walnut St., Batavia, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and unsafe turn without signal. Spring was stopped on Walnut Street at 3:03 a.m. on Sunday.

Kara M. Marquez-Davidson, 24, of Tonawanda, is charged with DWI and driving with a BAC of .08 or greater. Marquez-Davidson was stopped by State Police on Route 77 in Darien at 9:42 p.m. on Friday.

Mark S. Wells, 44, of Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Wells was stopped by State Police on Route 5 in Pembroke at 2 a.m. on Thursday.

A 15-year-old from Oakfield has been arrested by State Police and charged with sexual abuse of a person under 14 and endangering the welfare of a child. The alleged incident was reported Oct. 10. The teen was taken into custody at 6:04 p.m. Friday. No further details were released.

A dog was hit by a car yesterday at 1:30 p.m. and Deputy Brian Thompson, a K-9 officer, and Animal Control Officer Bill Taylor responded to the scene.

The accident occurred at Route 77 and Reynolds Road, where a stray boxer-mix darted into the road, according to Deputy Chief Gordon Dibble.

The dog was struck by a car driven by a person from Florida.

Thompson and Taylor first took the dog to an animal hospital, which recommended treatment at Corfu Vet Clinic, so Taylor and Thompson transported it there.

From what I heard on the scanner, the dog didn't sound seriously injured. Dibble said there's no information on how the pooch did after being transported.

I spoke with Shannon at the vet, who was off that day, and she said the dog was transferred to another facility, although she doesn't know where.

But it was good to hear on the scanner Monday about the extra effort Thompson and Taylor went to to care for the stricken animal.

Brian M. Raphael, 21, of 4 Noonan Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and criminal possession of a weapon. Police Officer E.E. Bolles reports that he found Raphael sleeping in his car with the engine running Saturday at 3:10 a.m. at 419 E. Main St., Batavia. Upon his arrest, Raphael was allegedly found in possession of a collapsible billy club.

Michael D. Snyder, 37, of 679 E. Main St., Apt. 4a, is accused of criminal contempt and harassment. Snyder allegedly violated the terms of an order of protection by shoving his girlfriend. He was jailed without bail.

Timothy P. Tucker, 35, of 12 Ellicott St., is charged with DWI, refusal to take breath test, failure to stop for a stop sign, speed not reasonable and prudent, improper turn and leaving the scene of an injury accident. On Sunday at 1:48 a.m., Tucker allegedly ran a stop sign from northbound Union Street at Oak Street. His vehicle reportedly continued through the intersection until it hit a tree. Officer Dan Coffey reports that Tucker allegedly fled the scene on foot. His female passenger suffered minor injuries in the accident. Tucker was found a short time later at his residence, according to Officer Coffey.

James Frank Webb, 27, of 10215 Colby Road, Darien, is charged with criminal contempt and harassment. Webb is accused of violating an order of protection that barred him from contacting a particular person. He allegedly called that person on the phone.

Shaundalee M. Hill, 20, of 81 Lyncourt Park, Greece, is charged with DWI and driving with a BAC of .08 or greater. Hill was arrested by Deputy Tim Wescott after Hill was reportedly involved in a one-car accident Fisher Road in Oakfield at 6:46 p.m. on Friday. Hill was also charged with unlicensed operation of a vehicle and having an open container.

Adam M. Ganzhorn, 25, of Town of Batavia, is charged with obstruction of governmental administration and filing a false report of an incident. He was arrested at 4346 Batavia-Elba Townline Road by State Police and jailed on $2,000 bail. No further details available.

Christopher A. Saddler, 25, of Albion, is charged with petit larceny. Saddler was arrested in the Town of Batavia by State Police. No further details available.