Le Roy

Two men recently indicted by the Grand Jury of alleged property crimes entered not guilty pleas today.

Bryan M. Hargrave is charged with three counts of burglary, 3rd, criminal mischief and petit larceny.

Hargrave is accused of breaking into businesses in Pavilion and the Town of Batavia on Sept. 23.

Carl Rivers, is accused of stealing a 2000 Chevrolet Silverado on March 19, 2009, in Oakfield. He is charged with one count of grand larceny, 3rd.

Hargrave is out of jail under supervision of Genesee Justice. 

Rivers is in jail without bail, but will have a bail review on Thursday. He has prior felony convictions, according to his attorney, Gary Horton. 

Hargrave and Rivers are accused of completely unrelated crimes. Their cases happened to be on the docket back-to-back today.

Lisa Rene Richmond, 22, of 3181 Dodgeson Road, Alexander, is charged with endangering the welfare of a child. Richmond is accused of maintaining squalid living conditions with her 2-year-old son living at the house. Department of Social Services and Child Protective Services are following up on the case.

Lynda Rae Morrill, 44, of 3181 Dodgeson Road, Alexander, is charged with endangering the welfare of a child. Morrill is accused of allowing her 2-year-old grandson to live in squalor.

Leslie G. Cannon, 46, of 9022 Linwood Road, Le Roy, is charged with unauthorized use of a vehicle, 3rd. Cannon is accused of borrowing a car and then refusing to return it at the agreed upon time.

Shannon Victoria Albano, 25,  of 1523 Friedman Road, Darien, is charged with DWI, driving with a BAC of .08 or greater and improper right turn. Albano was stopped at 1:03 a.m., Monday, on Griswold Road in Darien by Deputy Jason Saile.

Javonie E. McKinney, 36, of 705 Viking Way, Brockport, is charged with DWI, aggravated unlicensed operation, improper lane change and leaving the scene of an accident. McKinney was driving on Bank Street in Batavia at 12:40 a.m., Saturday, when he allegedly struck a utility pole. He then allegedly drove from the scene and was located later at Bank and North streets.

Brandon C. Dodd, 23, of 41 Maple St., Batavia, is charged with harassment, 2nd, Dodd is accused of going to the house of a woman and threatening to hurt her. He was jailed on $2,000 bail.

Summer Marie Morley, 26, of 36 Exchange St., Apt. C, Attica, is accused of DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Morley was stopped at 12:45 a.m., Saturday, by Deputy Jason Saile on Route 238 in Darien.

Tiffany M. Miller, 20, of Rochester, is charged of petit larceny. Miller was arrested by State Police at 2:11 p.m., Friday, at Kmart.

A 17-year-old from Batavia is charged with criminal mischief and criminal contempt. The youth was arrested in Batavia by State Police at 6:50 p.m., Friday.

Brandon M. Culliton, 23, of Batavia, is charged with unlawful possession of marijuana and DWI. Culliton was stopped by State Police at 9:10 p.m., Thursday, on Route 262 and Bank Street Road, Byron.

David R. Elliott, 20, of Wyoming, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a personal injury accident and possession alcohol by a person under 21. Elliott was arrested by Le Roy Patrolman Daryl Robb following an accident in which a car reportedly driven by Elliott struck a utility pole on South Street.

Bryan M. Hargrave is indicted on three counts of burglary, 3rd, criminal mischief and petit larceny.

Hargrave is accused of the following crimes:

• On Sept. 23, breaking into Pavilion Drainage, 6630 Route 63, Pavilion, and stealing $60.
• On Sept. 23, breaking into B.W.'s Bar, 11070 Perry Road, Pavilion, and stealing an iPod, laptop computer and money.
• On Sept. 23, breaking into the Willow Bend Inn, 3489 W. Main Street Road, Batavia, and stealing $75 and two bottles of liquor.

For previous coverage of Hargrave, click here.

Carl Rivers is indicted on one count of grand larceny, 3rd. Rivers is accused of stealing a 2000 Chevrolet Silverado on March 19, 2009, in Oakfield.

Christopher A. Laird faces a possible three years in state prison after pleading guilty today to a violation of probation.

Local law enforcement had been looking for the 17-year-old since he failed to report to Office of Children and Family Services on Jan. 4. He was listed as "wanted" by the Genesee County Sheriff's Office on Feb. 2.

On April 2, Laird was reportedly spotted in the State Street and North Avenue area of Batavia, which led to a multi-agency search for him, including use of the State Police helicopter.

In accepting Laird's plea, Judge Robert C. Noonan informed the youth that the maximum sentence available under terms of a plea agreement with the District Attorney's office is a revocation of probation and a one- to three-year prison term.

Laird may still face a charge filed last week of obstruction of governmental administration for allegedly running from police on April 2. Public Defender Gary Horton said he believes that charge will be wrapped into the violation of probation case.

At one time, Laird was charged with burglary, 2nd, according to the Sheriff's Office. He is on probation for a case that was adjudicated as "youthful offender," which means whatever crime Laird may have admitted to that led to his probation doesn't stand as a criminal conviction. Horton said he wouldn't discuss the matter because of the youthful offender status, so it's unclear if the probation stems from that burglary, 2nd, charge or some other possible offense.

A Le Roy man who allegedly borrowed a car from a friend and didn't return has been arrested and charged with unauthorized use of a motor vehicle.

Taken into custody on a warrant issued on Feb. 5 was Michael J. Vanbuskirk, 36, of 7930 E. Main Road, Le Roy.

He's also been charged with criminal possession of a controlled substance after a search. Det. John Condidorio said the man allegedly possessed crack cocaine in a backpack he was carrying at the time of his arrest.

Condidorio said he found Vanbuskirk on Munson Street yesterday.

On Saturday, the Le Roy Fire Department held its annual awards banquet at Bohn's. Chief Mike Sheflin submitted this picture. From left are, Fire Chief Mike Sheflin, 1st Assistant Fire Chief Tom Wood, recipient of the Fire Chiefs Commendation Award, Past Chief Rick Bater, recipient of the Firefighter of the Year Award, and 2nd Assistant Chief Dale Erhardt.

A former Le Roy resident is accused of breaking into a business in the village 11 months ago and stealing money.

Det. John Condidorio made the arrested based on fingerprints the alleged burglar left behind.

Eleven months ago, investigators could not find a match in the State Police database for the latent prints lifted from the scene of the burglary.

But a second check recently found an apparent match to Nicholas S. Dellarocco, 22, currently residing at 1232 Latta Road, Greece.

Dellarocco was reportedly arrested not long ago for another alleged burglary in Monroe County. At that time, he was fingerprinted and his prints added to the state database.

He's been charged in Le Roy with burglary, 3rd, petit larceny and criminal mischief.

The alleged break in occurred May 3, 2009. A local business owner reported that someone broke into the building, damaging doors to gain entry and damaging a cash register in a quest for money. Whomever broke in did find money in a second cash box inside the business.

Dellarocco was arraigned and jailed on $5,000 bail.

Residents at 61 Myrtle St., Le Roy, report the strong smell of smoke coming from a downstairs apartment, but there is no smoke showing.

Le Roy Fire and Bergen Fire are responding.

An assistant chief on scene reports nothing showing.

UPDATE 1:53 p.m.: Le Roy still on scene investigating.

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Wind Tamers -- the bright white and blue, jet-engine looking wind energy devices -- are catching on in Genesee County.

There's already one installed in Le Roy (the picture on this post is of the one we mentioned in March), and Thursday evening, the Genesee County Planning Board recommended approval of two more and a company representative said a fourth unit was recently sold in Pavilion.

In all, Wind Tamer, Inc., has sold 40 of the turbine wind machines in New York, Ontario, Canada, and Pennsylvania since the company started selling them last year, according to Glenn Steed, installation coordinator.

"We’re trying to bring wind energy to people, to areas that might not be able to support large towers or open rotor designs or anything with noise and really bring a kinder energy to wind," said Steed following Thursday's meeting.

Approved were applications from Wayne and Jane Smith at 10744 South Street Road, Pavilion, and Joseph Falcone at 10213 Perry Road, Le Roy.

The Wind Tamer was designed by Jerry Brock and it achieves greater efficiency and produces more energy than traditional windmills because of its jet-engine like design.

The design is also quieter and can be mounted at lower heights for less visibility.

These advantages, Steed said, are proving very attractive for small businesses, agricultural uses and rural residents.

"Thre’s no noise at all," Steed said. "We just had a noise study done and the results are on our Web site. They’re just really quite. There’s really no increase in the ambient noise from the surrounding area."

Prices start in the $15,000 range, but Steed said the return on investment, because of the greater energy production, is much faster than traditional windmills.

Wind Tamer is based in Geneseo and Steed said most of the materials and all of the labor so far comes from New York.

“It’s a lot of good dollars in New York State," Steed Said. "It’s a good, growing business in New York.”

A car fire has been reported at 9606 Berned Road, Pavilion.

It is parked in a driveway and is not near a structure, however the caller just called back and reported the car fire has now started a grass fire.

Le Roy Fire is responding.

UPDATE: It appears the fire is under control. No more units need to respond to the scene.

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The 17-year-old who was allegedly the subject of a manhunt in the City of Batavia on April 2 has been charged with an additional crime stemming from the search.

Christopher Allen Laird, of 30 South St., Le Roy, has been charged with obstructing governmental administration, 2nd.

Batavia Police and Sheriff's Office police, at least one State Trooper and a State Police helicopter were out looking for Laird the morning of April second in the area of State and North streets.

Laird was not captured that day, but was arrested in Le Roy on April 5. Laird was wanted on a warrant for alleged violation of probation stemming from a burglary charge.

Laird was the subject of a manhunt, also involving the State Police helicopter, on Sept. 23, 2008, following a burglary, 3rd, charge. Laird reportedly went missing a few days before, and was spotted in Elba. He was eventually found, according to reports, at a Transit Road residence where he had been accused of stealing a Polaris Trail Blazer off-road four-wheeler.

The Sheriff's Office put out a wanted notice for Laird on Feb. 2. He apparently remained at large until his arrest a few days ago.

Laird is being held without bail. His next scheduled court appearance is April 14.

Jared Michael Stalker, 26, of 8874 Hartshorn Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to keep right, and consumption or possession of alcohol in a motor vehicle. Stalker was stopped by Sgt. Brian Frieday at 4:11 a.m., Saturday, on Hartshorn Road in Batavia.

Vincent J. Monteiro, 31, of Buffalo, is charged with DWI. Monteiro was stopped by State Police on the Thruway in Le Roy at 3:09 p.m., Saturday.

Accidents from the State Police blotter:

9:28 a.m., April 4, Arrow Hawk parking lot (Bloomingdale Road), Alabama, two vehicles; Driver 1: Richard A. Ferris, 55, of Interlaken; Driver 2: Zulfiqar A. Syed, 44, of Rochester. No injuries reported.

3:29 p.m., April 4, Kendall Road, Le Roy, two vehicles; Driver 1: Cortney Lee Green, 16, of Byron; Driver 2: Russell A. Lyons, 49, of East Bethany. No injuries reported.

Jeff Allen Good, 34, of 3700 W. Main St., Room 1, Batavia, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, driving while impaired by drugs and driving left of pavement markings. The Sheriff's Office responded to a report of an erratic driver at 5:58 p.m., Sunday, who was forcing other cars off the roadway. The vehicle was located at 3700 W. Main St., and Good was identified as the alleged erratic driver. He was arrested by Deputy Patrick Reeves.

Jarred Ray Lewis, 21, of 50 Bloomingdale Road, Akron, is charged unlawful possession of marijuana. Lewis was stopped at 4:24 a.m., Sunday, for a vehicle check at Main and Oak streets in the city. He was ticketed by Deputy Patrick Reeves.

Michael Joseph Elmore, 19, of 814 Sumner Road, Darien, is charged with criminal possession of a controlled substance, 7th, and possession of a controlled substance not in its original container. Elmore was arrested following a traffic stop 6:49 p.m., Saturday, on Route 33, Pembroke, by Deputy Patrick Reeves.

Mark Christopher Kahabka, 18, of 3991 Pratt Road, Batavia, is charged with endangering the welfare of a child. Kahabka allegedly hosted an under-age drinking party Saturday night.

Nicole Marie Clark, 32, of 72 Blue Ridge Road, Penfield, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and failure to keep right. Clark was stopped by Deputy Eric Seppala at 1:20 a.m., Friday following a report of an erratic driver on Route 33, Town of Batavia.

Daniel Wayne King, 42, of 3481 Batavia-Oakfield Townline Road, Batavia, is charged with criminal possession of a controlled substance. Following a traffic stop by Deputy Patrick Reeves at 2:35 a.m., Saturday, on Veterans Memorial Drive, King was allegedly found in possession of crack cocaine.

Nicole A. Wilson, 33, of 126 E. State St., Albion, DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Wilson was stopped on Route 19 in Le Roy at 12:45 a.m., Friday, by Deputy Chad Minuto.

Brett F. Dieter, 31, of Alabama, is charged with menacing, 3rd, stemming for an alleged domestic dispute that was reported to State Police at 1:06 a.m., Friday. Dieter was arrested at 8:29 p.m. No further details available.

Michael J. Nugent, 21, of Le Roy, is charged with criminal possession of a controlled substance, criminal use of drug paraphernalia (scales) and unlawful possession of marijuana. Nugent was arrested in the Town of Batavia by State Police at 3:25 p.m., Friday. No further details available.

Dewey E. Towner, 43, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and a motorcycle helmet violation. Towner was stopped by State Police on Oak Street, Batavia, at 8:25 p.m., Friday.

Accidents from the State Police blotter:

11:44 a.m., April 3, Veterans Memorial Drive, Batavia, two vehicles; Driver 1: Norman G. Walsh, 79, Batavia; Driver 2: Tamera E. Carney, 55, of Warsaw. No injuries reported.

7:35 p.m., April 3, Lewiston Road, Batavia, one vehicle; Driver 1: Sherrill T. Langdon, 80. No injuries reported.

5:01 p.m., April 2, Gilmore Road, Pembroke, property damage accident (parked car); Driver 1: Kristin M. Pequeen. No injuries reported.

6:49 p.m., April 2, South Lake Road, Village of Bergen, two vehicles; Driver 1: Robert L. Reynolds, 23, of Bergen; Driver 2: Desarea M. Sherlock, 18, of Brockport. No injuries reported.

Two months of running has come to an end for Christopher A. Laird.

The 17-year-old was found in Le Roy last night after police received a tip that he was at a Lake Street residence.

Laird has been sought on a warrant for alleged burglary, 2nd.

Sgt. Michael Hare and Officer Robert Tygart made the arrest at 10:50 p.m.

Following his arrest, Laird was transferred to the custody of the Sheriff's Office.

On Friday, Laird was the subject of a manhunt in the City of Batavia after he was reportedly spotted on State Street. Officers for Batavia and the Sheriff's Office were called in, as well as a State Police helicopter, but Laird managed to elude the dragnet.

The Batavian first reported Laird's status as a fugitive on Feb. 2.

A large tree branch has fallen, blocking the roadway at 9761 Summit Street Road in Le Roy. Despite the initial call, no electrical wires are down. Le Roy Fire reponded. Dispatch has notified that it is edging into Pavilion's fire district.

John P. Vanderzell, 62, of 9732 Summit Street Road, Le Roy, is charged with DWI and aggravated DWI (driving with a BAC of .08 or greater). Vanderzell was reportedly observed at a store in Le Roy by Sgt. Michael J. Hare in an intoxicated condition. Sgt. Hare then reportedly observed Vanderzell get into his car and drive away. Sgt. Hare stopped Vanderzell and arrested him for alleged DWI.

Kyle B. Bacon, 19, of 679 E. Main St., Apt. 4C and Ryan T. Nugent, 19, same address, are charged with unlawful possession of alcohol by a person under 21. Batavia Police were dispatched to 679 E. Main St., Apt. 4C to check a report of underage drinking. Upon arriving, police allegedly found Bacon and Nugent in possession of alcohol.

Robert L. Drozdowski, 28, of 15 Washington St., Castile, is charged with criminal contempt, 2nd. Drozdowski was reportedly issued a stay away order out of City Court, which he allegedly violated by contacting the subject person by leaving voicemails on the person's mobile phone.

Accidents reported on the State Police blotter:

2:04 p.m., March 31, Boyce Road, Pembroke, one vehicle; Driver 1: Daniel M. Johnston, 58, of Corfu. No injuries reported.

A rollover accident has been reported on Prentice Road in the area of Buckley Road.

Stafford Fire and Mercy EMS are being dispatched.

Very minor injuries are reported.

Though a retired physician living in Florida I am a native Batavian with more than a passing interest in the discussion of the taxation issue involving the L.B. Grand restaurant in LeRoy.

After giving considerable thought and engaging in review of some New York State journals and available news reports I made the effort to read  some of the formidably redundant tax code.  Then, following a quick review of statistical methods, I made an unsuccessful attempt to obtain the statistical method employed in the state Tax Code.
Any questioning of the bureaucracy,as you could guess, resulted in the usual government endless merry-go-round.

Some facts however did surface and these I want to share so the New York State Department of Taxation motives will be a little more transparent.

Years of state deficits and unbalanced budgets have created the need for the Tax Department to collect more so that cuts in budgets could be avoided.  In New York there exists a budget deficit greater than $8 billion dollars.

The top tax  enforcement official, William Comiskey, with the backing of Legislators and Govenor Patterson have unleashed the Department of Taxation and Finance to radically increase the number of audits on small businesses to build the state coffers.

Thus far the goals do not imply anything unreasonable.  However, the methods utilized and the individuals who have been hired in increasing numbers to levy these audits create serious skepticism.  Dubious sampling methods defy statistical plausibility.  These methods include one day samples which are inexplicably extrapolated to define years of income.

That method would be tantamount to estimating the average daily temperature in Batavia, N.Y. by taking a sample of one day then applying it to all days, in all seasons, for three years.  Sound crazy?  It is!   This method may be employed if a small business cannot produce records that the Tax Department considers acceptable and that includes receipts that have been carefully saved but have faded because the vehicle was thermal paper.  Such is the case with L.B. Grand Restaurant.

As stated by a N.Y. tribunal ruling on such a case, “A lack of records does not equate to a presumption that taxable sales have been underreported.  This does not give the division carte  blanche to simply extract convenient mumbers from an index and use them in a manner for which they were never intended.”

The target of such oppressive techniques would  be forced to resort to legal help at a huge  expense.  In many instances this has resulted in dismissal of the claims made by the Tax Department.  In the case of L.B Grand an alleged underpayment of sales taxes amounts to $247 thousand over three years has been decided even though gross receipts are approximately $500 thousand per year.  Sound crazy?  It is!

Involving tax attorneys would be certain to alleviate and possibly get rid of the charges.  Isn’t it amazing that a charge made with certainty by the State could almost inexplicably be made to go away?  Isn’t that a scary concept?   Pay the bill to the state or get a lawyer and he could make it disappear----for a staggering sum paid by the accused to preserve innocence.

Where does this place the small business owner?  I will not pander  your emotions though the overwhelming  mental anguish and suffering of  the innocent is palpable to me.

Think it over.  Can all of this really be happening?   In America?

Two canoeists were rescued from the Oatka Creek in Le Roy this afternoon after their canoe became marooned on a submerged tree near Wilcox Road.

Neither were injured.

"They were just cold and wet," said 2nd Assistant Chief Tom Wood of the Le Roy Fire Department.

The canoeists apparently couldn't control their canoe in the swift-moving, swollen creek, Wood said.

There was another pair of canoeists out with them and they managed to make it to shore and call 9-1-1.

Le Roy Fire responded and used its ladder truck (also called an aerial truck) to rescue the pair, who have not been identified.

Capt. Thomas Carroll and Firefighter Bill Wood went out on the boom, which was lowered as close as possible to the water, and then a ladder was lowered so the canoeists could climb up.

"People shouldn't be on the water right now," Wood said. "It's going too fast, unless you're a really experienced canoeist."

UPDATE: Photo submitted by a reader.

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