elba

District Attorney Lawrence Friedman could take the case against yesterday's three Elba robbery suspects to the Grand Jury as early as Tuesday.

"It's a little early in the day to know for certain," Friendman said.

If he decides to seek an indictment, it could be returned as early as the same day. Without a grand jury indictment, the suspects are entitled to a pre-trial hearing within six days, a right each suspect could waive.

The public defender is currently meeting with the suspects and each will be assigned their own attorney, either a public defender or public-provided outside council, or they could retain private attorneys.

Friedman also praised the work of law enforcement yesterday.

"We're very pleased with the job the police agencies did in this case," Friedman said. "It was great to see it unfold. I think many times people when people come here here from other places, they think its easy to get away with ( in  a small rural county) and that's often not the case."

Meanwhile, Scott DeSmit has more details about yesterday's robbery.

Inside the bank was a terrifying scene.

Two men, both brandishing handguns, their faces masked, entered the bank.

A third man waited in the vestibule, Genesee County Sheriff's Chief Deputy Jerome Brewster said.

"The two entered the bank and jumped over the counter at two tellers," Brewster said.

The men knocked the tellers to the floor, then made them get back up to open the drawers, holding the guns to their heads, he said.

The two went through the drawers, retrieved the money and fled.

There were no customers in the bank at the time, Brewster said.

Both guns were later recovered. One was a loaded semi-automatic. The other was found to be a Crossman BB-gun, Brewster said.

Previously: Elba robbery suspects identified, arraigned and held without bail

BATAVIA, N.Y. -- A trio of men from Buffalo are behind bars, held without bail, accused of robbing the M&T Bank, 7133 Oak Orchard Road, Elba, this morning and then attempting to escape into the woods between Oakfield and Batavia around Route 63 and Townline Road.

The men were identified this evening as Dennis M. Abrams, Jr, 26, of 202 Merrimac St., Buffalo; Demone D. Dillon, 25, 128 LaSalle Ave., Buffalo; and, Michael J. Wells, 24, 69 Camp St., Buffalo.

Witnesses to the 9:49 a.m.  stick-up reported that the suspects had at least two guns. Another witness said the suspects fled in a black SUV and traveled south on Route 98.

Officers from the Genesee County Sheriff’s Office, New York State Police and Batavia City Police responded. 

Sergeant Cory Harmon of the New York State Police observed the SUV traveling at a high rate of speed west on Batavia-Elba Townline Road towards Route 63 and gave chase. 

When the persuit reached the intersection of Route 63 and Townline Road, two of the subjects jumped from the SUV and fled into a wooded area on the southwest of the intersection

The driver sped off down Route 63 toward Galloway Road. He then drove off the pavement behind a residence on Galloway. When he did, his SUV became stuck in the mud and he got out of the vehicle and tried to run on foot through the field.

He was quickly apprehended.

A short time later, the second suspect was taken into custody south of Townline Road, not far from the Route. 63 and Townline Road intersection.

Which of those two suspects is Abrams and which is Merrimac has not been released.  Abrams was reportedly the driver.

The third suspect, Wells, managed to evade dozens of officers from the Genesee County Sheriff's Office, the New York State Police and the U.S. Border Patrol, as well K-9 units and two helicopters (deployed at separate times) for more than five hours.

Throughout search for Wells, Sheriff Gary Maha remained confident that he would be captured.  The suspect's general locations was apparently known most of the time, in part because he repeatedly used a mobile phone to call a friend, allowing law enforcement officials to triangulate his general location.

Officers finally cuffed Wells at about 2:40 p.m. near the intersection of Route 63 and Galloway Road.

Immediately after the initial report of the fleeing suspects just before 10 a.m., the Oakfield-Alabama Middle/High School was notified and requested to "lock down."  Reportedly, per policy, the principle of the school then notified BOCES and BOCES officials then ordered all schools in Genesee County to lock down.

Shortly after 1 p.m., Maha suggested school officials call off the lockdown, telling dispatchers, "We have two suspects in custody and a good idea where the third suspect is, so we don't see any reason to have any schools locked."

The lock down reportedly caused many concerned calls to school officials, law enforcement and local media, with parents worried the suspects were closer to area schools than they actually were.

During the search, one handgun was recovered. A toy gun was picked up when the money was recovered.

The subjects were charged with robbery in the first degree, a class B felony, and arraigned before Elba Town Justice Lois Petote.  

Pictured, top to bottom: Wells, Abrams and Dillon.

UPDATE: Dan Fischer is reporting this morning that sources have told WBTA that the scene inside the M&T Bank during the robbery was violent. Nobody was injured, but the robbers entered the bank guns displayed and at one point held a gun to the head of a bank employee. Another employee hid in a rear ofice, under a desk. She managed to trip an alarm. M&T Bank has made counselors available for the employees.

Previously: Manhunt in progress near Route 63 and Townline Road.

UPDATE: WIVB has video of the suspects at Elba Town Court.

Gary De Wind, 66, of 1341 Little Falls Road, Pembroke, is accused of illegally possessing fireworks. He is charged with unlawful dealing with fireworks and dangerous fireworks.

Michael R. Cowham, 24, of 6571 W. Sweden Road, Bergen, is charged with assault in the third degree. He is accused of getting into a confrontation with another person. That person suffered a cut on the face. The alleged incident occurred at a residence on Wood Street. Cowham was issued an appearance ticket.

Michael A. Butler, 36, of Egerton Road, Elba, is charged with DWI. Butler also received tickets for having an unsafe tire and driving an uninspected vehicle. Butler was reportedly a witness to an incident on Whitney Mill Road involving a person with cuts on his head. During the investigation, deputies determined that Butler apparently drove past the scene while intoxicated.

Lynn R. Baker, 47, of Bank Street, was reportedly spotted on Harvester Avenue driving his 1997 Ford Explorer on the wrong side of the road. After a traffic stop, a Sheriff's deputy determined Baker was apparently drunk. Baker was charged with felony DWI, driving with a BAC of .18 or greater, and failure to keep right. Baker was issued an appearance ticket.

Paul Andrews, 35, of 2029 Route 238, Warsaw, and currently a resident of Genesee County Jail, is charged with criminal tampering in the third degree. Andrews reportedly urinated in another inmate's shampoo bottle.

Tera Williams, 36, of 147 Ross St., is charged with petty larceny. Williams reported stole merchandise from Kmart while employed there.

Kisuki Pagan, 20, of E. 166th St. #5H, Bronx, is charged with disorderly conduct. Pagan was allegedly involved in an altercation with another person inside 48 Deli Express, 8204 Park Road.

Michael L. Jackson, Jr. 28, of 1 Seneca Ave., Batavia (pictured), is being held in Genesee County Jail on $25,000 on felony grand larceny and burglary charges. Jackson is accused of breaking into the Holland High Lift building in Bethany on April 11 and damaging parts worth $1,500 and stealing items worth at least $8,000 and a pick up truck valued at $19,000. The charges filed against him are criminal mischief in the second degree, grand larceny in the third degree, burglary in the third degree and grand larceny in the fourth degree.

Jeffrey Vanslyke, 27, of 20 Mechanic St., Elba, is charged with a felony DWI count and driving with a BAC of .08 or more as well as unlawful possession of marijuana. Vanslyke reported failed to dim his headlines on Chapel Street in the Village of Elba. When a patrol attempted to stop Vanslyke's car, Vansylke reportedly kept driving on Route 98, leading patrol units on a low speed chase that ended on Graham Road in Elba. He was also charged with failure to yield to emergency vehicles.

Stephen Mullen, 19, of 71 S. Main St., Oakfield, is charged with obstructing governmental administration and resisting arrest. The details of the incident leading to his arrest were not released by the Sheriff's Office.

Elba Central School board members last night listened to concerned citizens about a change in the school calendar this year, according to Superintendent Joan Cole,  but will still proceed with its plan to start the school year a week prior to Labor Day weekend.

"The purpose of starting the school year before Labor day is to give more instruction time, more time for learning," Cole said. "Elba is a good school and we need to become a great school, and how we move from a good school to a great school is to focus on our mission statement."

Only a minor injury was reported following a two-vehicle accident Tuesday at 6:30 p.m. at the intersection of Norton Road and Route 262.

Kenneth D. Kowalik, 49, of Elba, was reportedly driving a 2006 Honda pick-up north on Norton when he failed to yield for a stop sign, striking a 2004 Pontiac driven by Gina M. Johnson, 30, of Bergen.

Johnson complained of abdominal pain, but was not hurt seriously enough to be transported to the hospital.

Business First takes a look at tax-relief recommendations encouraging mergers between smaller school districts, and comes up with a list of 13 potential consolidations in WNY, among them Elba and Oakfield-Alabama.

Elba/Oakfield-Alabama

Enrollment is 35 percent lighter in Elba (537 students) than in any other Genesee County district. The closest option for consolidation is 10 minutes down the road in Oakfield-Alabama (990). The resulting district (1,527) would still have fewer students than nearby Batavia.

Townline Rd (CR 26) between Rt 63 and Pekin Rd in the Towns of Batavia, Oakfield and Elba will be closed Tuesday, June 2nd to Thursday, June 4th from 9:00 AM to 3:00 PM each day for culvert replacements.

I shot this video around 2:15 p.m. following the ammonia leak at Torrey Farms today.  It was a busy afternoon and evening, so it's only now ready for posting. The original breaking news post is here.

UPDATE 12:45 p.m.: Tim Yaeger, emergency coordinator, just informed dispatch that the leak was closed 7 minutes ago.

Original report continues below ...

A "major" ammonia leak has been reported at Torrey Farms, 7170 Norton Road and hazmat has been dispatched.

A first-responder said, "Two valves on this tank that need to be shut off, but no way can we get near it."

He also reported it's a 15 ton cylinder "just going wild."

The wind is 16 m.p.h. out of the east. 

Norton Road has been closed.

UPDATE 11:55 a.m.  There's no new information at this time. Emergency teams are on scene. No report yet on the status of the leak. No indication of the situation getting worse.

UPDATE:  The media isn't being let into the scene, which isn't surprising. I'm not planning on going out there unless and until there is a press conference.

UPDATE: Here's what the State's health department site says about Ammonia:

How is ammonia used?
About 80% of the ammonia produced by industry is used in agriculture as fertilizer. Ammonia is also used as a refrigerant gas, for purification of water supplies, and in the manufacture of plastics, explosives, textiles, pesticides, dyes and other chemicals. It is found in many household and industrial-strength cleaning solutions. Household ammonia cleaning solutions are manufactured by adding ammonia gas to water and can be between 5 and 10% ammonia. Ammonia solutions for industrial use may be concentrations of 25% or higher and are corrosive.

How can people be exposed to ammonia?
Most people are exposed to ammonia from inhalation of the gas or vapors. Since ammonia exists naturally and is also present in cleaning products, exposure may occur from these sources. The widespread use of ammonia on farms and in industrial and commercial locations also means that exposure can occur from an accidental release or from a deliberate terrorist attack.

Anhydrous ammonia gas is lighter than air and will rise, so that generally it dissipates and does not settle in low-lying areas. However, in the presence of moisture (such as high relative humidity), the liquefied anhydrous ammonia gas forms vapors that are heavier than air. These vapors may spread along the ground or into low-lying areas with poor airflow where people may become exposed.

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Four alleged illegal immigrants from Guatemala were apprehended by Batavia police at a Bank Street DWI check point Friday night.

One of the men arrested, Edwin O. Perez-Hernandez, 36, of Varysburg, allegedly tried to flee the scene on foot and faces a resisting arrest charge. He is held on $2,500 bail.

Oscar U. Perez-Hernandez was reportedly the driver of the vehicle and faces numerous traffic violation charges, according to police. He is held on $1,000 bail.

Two women in the vehicle were issued appearance tickets for immigration court.

James F. Kempisty, 48, of Batavia, drove through a DWI check point on Bank Street Friday night around 10:30 and BPD officers determined that he was apparently intoxicated. He was charged with DWI and driving with a BAC of .08 or greater. Kempisty was issued an appearance ticket and released.

Dustin R. Collinge, 24, of Wheatland, faces two felony counts following a traffic stop in Stafford early Sunday morning. Collinge is charged with DWI and unlicensed operation of a motor vehicle. Collinge reportedly has a prior DWI conviction. He is accused of driving with a BAC of .08 or greater. Collinge was released pending arraignment.

Keith Whitney, 21, of Churchville, is charged with two felony counts of criminal possession of a weapon and a misdemeanor count of menacing following an alleged domestic dispute with his girlfriend in Bergen early Sunday morning. Whitney allegedly brandished an assault rifle "with the intent to use it against his girlfriend," according Sheriff's deputies. He is being held on $5,000 bail.

Robert Brown, 47, of Darien, is accused of pushing an acquaintance to the floor.  He is charged with harassment in the second degree.

Richard Synder, 43, of Batavia, is charged with unlawful possession of marijuana following a traffic stop for allegedly speeding in Elba. Snyder was issued an appearance ticket and released.

Erick R. Horning, 19, of Batavia, is accused of hosting an under-age drinking party at his house on Wilkenson Road early Saturday morning. Horning was charged with unlawful dealing with a child, issued a ticket and released.

Robert  Piechocki, 45, of Attica, is charged with criminal possession of a weapon. Deputies allegedly found six unregistered pistols in his residence while investigating a reported domestic incident.

An Angus calf has been roaming around Batavia-Townline Road for two days, according to Jonathan Lamb.

Lamb and neighbors have tried to capture the young animal, but it runs any time anybody approaches it.

"Maybe you remember Woody from last year -- I don't know if we have another Woody on our hands, but I've called all the neighbors and nobody knows who it belongs to," Lamb said.

The calf is wandering in a field near the road, Lamb said.

If anybody is missing an Angus calf, Lamb said the owner should e-mail him at jonathanl (at) lambfarmsinc dot net.

Jeffery Vanslyke, 27, of Elba, was issued an appearance ticket Monday around 10:20 p.m. for alleged unlawful possession of marijuana. The marijuana was reportedly found following a traffic stop in Byron.

A nurse with the Genesee County health department has reportedly lost her job and is accused of forging two clinical notes about a patient she did not examine.

Sherri Allen, 47, of Elba is charged with two counts of filing a false instrument.

Allen allegedly submitted clinical notes containing false information about a client she did not examine. The notes were dated March 16 and March 30 for clients who skipped their appointments on those dates.

Andrew Hall-Jones, 56, of Stafford, is charged with petty larceny after allegedly stealing clothes from outside an apartment in Stafford. He is being held in Genesee County Jail on $500 bail.

Rachel A. Baehr, 22, of Elba is in jail on a bench warrant after she allegedly failed to appear in a previous child endangerment case. She is held on $500 bail. Baehr was also taken into custody Friday at 3:30 p.m. on a petty larceny charge. She is accused of attempting to steal three 12-ounce bottles of Corona beer from Kmart by concealing them in her purse.

Timothy J. Smith, 19, of Basom, is charged with unlawfully dealing with a child after allegedly hosting an under-age drinking party. The party was reportedly held Saturday night on Lewiston Road in Basom. Deputies say Smith allowed people under 21 to drink while attending the party. He was taken into custody early Sunday morning and issued an appearance ticket.

Anne Weremblewski, 54, of Batavia, is accused of using a kitchen knife to scratch a neighbor's car. She is charged with a felony count of criminal mischief. She was released on her own recognizance and ordered not to engage in offensive conduct.

Jason Cramer, 25, of Batavia, allegedly made an "unreasonable noise" inside his residence during a domestic dispute. This caused neighbors to call 911. He is charged with disorderly conduct and possession of marijuana. The incident occurred early Saturday morning.

Vincent T. Winterkorn, 50, of Rochester, was stopped for reportedly speeding along Route 33 in through Stafford on Friday at about 7 p.m. Upon further investigation, it was determined that he appeared intoxicated. He is charged with DWI with a BAC of .08 or greater, driving without a license and speeding.

Andrew J. Rock, 22, of Batavia, is charged with petty larceny. Rock is accused of attempting to shoplift two bottles of perfume from Target. He was issued an appearance ticket.

Robert Piechocki, 45, of Alexander is accused of slapping his wife during a domestic dispute. He is charged with menacing and harassment. He is held on $1,500 bail.