Le Roy

    Kyle Johnson

In addition to the murder, burglary and arson charges Kyle G. Johnson is facing following his arrest Dec. 1 in the shooting death on Selden Road, Le Roy, of Norman D. "Don" Ball, the defendant has been indicted by the Grand Jury on two counts of attempted murder.

Johnson is accused of attmepting to kill Le Roy Police Officer Ryan Young and Le Roy Fire Chief Tim Hogle when they arrived at his residence on Selden Road for the report of a house fire at 4:15 a.m.

Johnson, who is being held in the Genesee County Jail without bail, was originally arrested on a charge of reckless endangerment for allegedly firing his shotgun at the two men.

The eight-count indictment against Johnson begins with the murder in the second degree counts for the shooting death of Ball. Johnson allegedly entered Ball's home through an unlocked back door at 3:350 a.m., Dec. 1, went into his bedroom and shot Ball in the head while he slept. 

Johnson then allegedly returned to his residence and set his house on fire.

The counts against Johnson are:

• Murder in the second degree, a Class A-1 violent felony, for the alleged murder of Ball;
• Murder in the second degree, a Class A-1 violent felony, for allegedly entering Ball's house (burglary) and shooting him; 
• Arson in the third degree, a Class C felony, for allegedly starting a fire at 7324 Seldon Road;
• Burglary in the first degree, a Class B felony, for allegedly entering 7421 Selden Road, the home of Ball, with the intent to cause physical injury to another person;
• Burglary in the first degree, a Class B felony, for allegedly entering the residence of Ball with the intent to use a dangerous instrument;
• Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, officer Ryan Young, while knowing or should have reasonably known, Young was a police officer;
• Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, Timothy Hogle, while knowing or should have reasonably known Hogle was a first responder responding to an emergency call.

For previous coverage, click here.

Also indicted by this Grand Jury:

Marcus C. Kazmierczak, is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Kazmierczak is accused of driving drunk July 11, in the Town of Darien, while having a prior DWI conviction within the previous 10 years.

    Lawrence Liles

A 58-year-old Warsaw resident is accused of leaving a cross in the lawn of a house in Le Roy with the message "RIP" written on it as part of an ongoing pattern of unwanted contact with the person who lives there.

Lawrence D. Liles, of 4400 Sage Road, Warsaw, is accused of "intentionally and for no legitimate purpose engaging in a course of conduct directed at the victim(s) while knowing or reasonably should have known that such conduct would cause material harm to the mental or emotional health of the victims and where the conduct constituted following, telephoning or initiating communication or contact with the victim(s), their family or third party."

He is charged with stalking, 4th.

The alleged conduct began around April 18 and continued until the cross incident at 6:30 a.m., Dec. 1.

He was arrested by Le Roy PD, arraigned in Le Roy Town Court and jailed on $500 bail.

Emily J. Walker, 22, of North Lyon Street, Batavia, is charged with criminal possession of a forged instrument, 3rd. Walker allegedly presented a forged doctor's note to a former employer on Nov. 20.

Thomas O. Hart, 64, of Grafton Street, Rochester, is charged with DWI and failure to stop at stop sign. Hart was involved in a single-car accident at 6:39 p.m., Saturday, on West Sweden Road, Bergen. The accident was investigated by Deputy Chad Minuto.

Joseph R. Dux, 27, of Linwood Road, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Dux was stopped by Le Roy PD on Wolcott Road at 1:40 a.m., Friday.

Nathen Edward Donald Brege, 23, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge.

Heather M. Ace, 24, of State Street Road, Batavia, was arrested for alleged failure to appear and aggravated unlicensed operation.

Timothy J. Corke II, 28, of Liberty Street, Batavia, is charged with petit larceny. Corke is accused of shoplifting at Tops market.

Dustin V. Gothard, 27, of Wolcottsville Road, Akron, was arrested on a warrant. Gothard was located by State Police in Lockport and arrested on a warrant out of City Court stemming from an alleged incident in December 2014. Gothard posted $100 cash bail and was released.

Richard Levins, 58, of Walnut Street, Batavia, is charged with deteriorated roof covering. Levins turned himself on a warrant, posted bail and was released.

Ian C. Lawlis, 35, of Central Avenue, was arrested on a warrant stemming from an overnight parking charge. Lawlis posted $100 bail and was released.

James A. Hancock, 46, of Dellinger Avenue, Batavia, is charged with robbery, 2nd, grand larceny, 4th, strangulation, 2nd, aggravated criminal contempt and assault, 3rd. The charged stem from an alleged domestic incident Dec. 1. Hancock was arrested on a warrant at an address on Lewiston Road by officers from Batavia PD and deputies from the Sheriff's Office. He was jailed without bail.

Bethani M. Dibble, 23, of Prospect Avenue, Batavia, is charged with attempted petit larceny. Dibble was arrested after an investigation into a shoplifting complaint at Tops market.

Marlek E. Holmes, 41, no permenant address, is charged with harassment, 2nd, endangering the welfare of a child, and failure to report address change. Holmes was arrested on Dec. 2 on charges stemming from an alleged incident Nov. 8 on Central Avenue. Holmes was spotted on Wood Street by a resident who contacted police. Holmes was located inside a residence with the assistance of Deputy Chris Erion and K-9 Destro and was taken into custody without incident. He was jailed without bail.

Rylie A. Day, 25, of Wyndham Road, Rochester, was arrested on a warrant for alleged failure to appear. Day was charged with aggravated unlicensed operation on May 29.

John C. Orlowski, 18, of Lake Street, Le Roy, is charged with unlawful possession of marijuana. Batavia PD responded to a residence on Spruce Street at 6:26 p.m., Wednesday, on an unrelated investigation. Orlowski was allegedly found in possession of marijuana.

Ronald L. Worthington, 45, of Buell Street, Batavia, was arrested on a warrant. He turned himself in and was released on $100 bail.

Elizabeth A. Hicks, 32, of Read Road, Batavia, is charged with possession of a hypodermic instrument. Hicks was allegedly found in possession of a hypodermic instrument during an arrest on an unrelated charge.

Jason P. Wickson, 34, of Walnut Street, Batavia, is charged with criminal possession of a weapon, 3rd, criminal contempt, 2nd, aggravated family offense and criminal mischief, 4th. Wickson was allegedly involved in a domestic incident at 7:59 p.m., Wednesday, on Cedar Street, Batavia. Wickson was jailed without bail.

LeRoyans gathered Saturday for the annual Community Christmas Tree lighting at the site of the former Wiss Hotel. The tree was donated by Lathan Tree Service, and is decorated with ornaments donated by community businesses, organizations and individuals.

Le Roy's Winterfest celebration included craft projects at Woodward Memorial Library, a visit by Santa to the Moose Family Center, the "Jinglin' All the Way" 5K/10K and more. The celebration officially closes at 6 p.m. today, with the Community Christmas Tree lighting.

Cameron Stefani, a Le Roy 10th-grader, was the winner of the Jinglin' All the Way 5K with an unofficial time of 19:47. Second-place finisher — and top female finisher — was Caylin DePuy, of Le Roy, with a time of 21 minutes.

Norman D. "Don" Ball, a Vietnam Veteran who was shot and killed early Tuesday morning while he slept in his bed, was buried in the cemetery in Stafford today following a service at the Falcone Funeral Home in Le Roy.

Ball's neighbor on Selden Road, Le Roy, Kyle Johnson, is being held on a charge of second-degree murder.

Johnson is also charged with arson for allegedly setting his own house on fire shortly after the shooting, at 3:50 a.m., and with reckless endangerment for allegedly firing at firefighters and a police officer when they arrived at the blaze.

For previous coverage, click here.

The membership of the Le Roy Volunteer Fire Department elected Tim Hogle as the department's new chief in a vote Thursday evening.

Hogle has moved up the ranks incrementally over the past several years from lieutenant, to captain and through the chief ranks, most recently serving as first assistant, to become chief.

"It's been a lot of hard work, a lot of training, a lot of state classes, a lot of man hours here at the fire hall and in fire service," said Hogle (pictured, left). 

He said becoming chief is a chance "to give back to the community, lead the guys and follow in the right path of the chiefs before me. "

Tom Wood, on the right, who has one prior term as chief, said the membership supported Hogle for the position because of his hard work.

"I think he's done a pretty good job throughout his career and as assistant chief and as an upcoming officer as a captain and lieutenant," Wood said.

    Kyle Johnson

A court appearance for Kyle Johnson, charged with murder in the death of Le Roy resident Norman D. "Don" Ball, has been postponed until January, at the request of his defense attorney.

Johnson was scheduled to appear in Town of Le Roy Court at 2 p.m.

Johnson is accused of entering the residence of Ball at 3:50 a.m., Tuesday, and shooting Ball in the head with a 12-gauge shotgun while Ball slept. Johnson then allegedly walked back to his own house on Selden Road and set it on fire. He allegedly shot at firefighters and a police officer when they arrived on scene at the fire at 4:15 a.m.

There was then a four-hour standoff with local law enforcement before Johnson surrendered.

He is charged with murder in the second degree, arson and reckless endangerment.

For prior coverage, click here.

The current Zoning Board of Appeals in Le Roy will conduct a hearing on an application by Frostridge Campground for live music concerts by Dec. 18, Interim Supreme Court Judge Mark Grisanti ruled this morning, and any further interference by the Town of Le Roy board will constitute contempt of court.

Almost as soon as the case was called and the five attorneys from the two opposing camps were standing at their tables, Grisanti expressed dismay that even though Judge Robert C. Noonan ordered such a hearing seven months ago it still hasn't taken place.

Reid Whiting, attorney for the Town of Le Roy, blamed Frostridge and the ZBA for the delay.

"Frostridge has been sitting on its hands for seven months and for some reason the ZBA did not give proper public notice," Whiting said.

David Roach, attorney for Frostridge, clearly couldn't believe what he was hearing.

The delay was certainly the fault of the town board, Roach said, first by firing the original ZBA attorney, throwing the process into confusion, then by rewriting the ZBA's public notice so that it no longer reflected the true nature of the hearing.

"We come here with clean hands," Roach said.

After months of delay, there was an election in November, and Supervisor Steve Barbeau retained his seat. At its first meeting after the election, the town board decided to end its inter-municipal agreement with the Village of Le Roy for a joint ZBA and scheduled a public hearing to disband the ZBA and appoint a new, town-only zoning board.

Grisanti ordered the town not to conduct that meeting as scheduled Dec. 10.

"I know what's going to happen (if they meet)," Grisanti said. "I can see the town putting up some other kind of roadblock."

Grisanti also ordered Jeff Steinbrenner, who is the code enforcement officer, but also ZBA's secretary, to help ensure the notice of the meeting is sent out properly.

In the notice originally drafted by the ZBA, the notice said the hearing would be about whether live music concerts constituted an allowable non-conforming use. Somebody with the town changed the language of the notice to say the hearing was about "permissible use," which after court today, Roach explained, are diametrically opposite issues.

Frostridge has always maintained that under the code as it exists, operating a concert venue is not a permissible use, which is why they are seeking a variance as a prior (meaning similar activity took place before the current zoning law was passed) non-conforming use.

The current ZBA previously determined the concerts were a prior non-conforming use, but Noonan ruled the meeting where that decision took place was conducted without proper public notice, which is why he ordered a new public meeting.

That failure of proper public notice is one reason the current board needs to be disbanded, Whiting argued in court. The board failed to do its job properly.

He argued, also, that the issue isn't whether the concerts are a prior non-conforming use, but whether they are permissible.

Roach countered that Whiting was getting into the merits of the issue, which is a matter for the ZBA to decide and not a subject of the motions being considered by Grisanti.

David and Greg Luetticke-Archbell have owned Frostridge since 2008 and began holding concerts in the campground's natural amphitheater in 2012. The campground has been known by various names since 1957 and was once a popular local skiing location. Prior owners, and before the current zoning law making the area Residential/Agriculture, reportedly had both live music and amplified recorded music.

More than a year ago, neighboring families, the Cleeres and Collins, both related to the original campground owners, filed a lawsuit in parallel with the Town of Le Roy alleging impermissible and uncorrected violations of the zoning laws, both in the composition of the campground and the series of live music concerts hosted there.

After the hearing, Roach said one issue Grisanti didn't get into that he wished had come out was the claim by the town that the town is facing budget constraints and the ZBA is running up costs by hiring outside counsel (James Wujcik represents the ZBA now).

“If you’ve got a budget problem, town, don’t sue my client," Roach said. "You already have the Cleeres suing my client for you. They filed a town law 268 action. They stepped into the shoes of the town to enforce the zoning code. The town, filing its own lawsuit, is merely redundant and it is a monumental waste of taxpayers’ money.”

For prior coverage, click here.

Main Street in Le Roy is being closed to traffic because of a suspicious package on the sidewalk between L.B. Grand and the hardware store.

The package has been there since yesterday.

Fire police were just dispatched to Main and Route 19 to block traffic.

UPDATE 11:43 a.m.: Reporter Ray Coniglio was on scene. It was box of golf pencils. A state police bomb tech happened to be the area and the package was examined and determined to be harmless. The road is being reopened.

UPDATE 12:07 p.m.: Picture added. Also, this from Ray:

Le Roy Det. John Condidorio said passersby told police the box had been on the sidewalk since Thursday.

“Given the current situation of things we took the precautions we needed to,” Condidorio said “I contacted the bomb tech unit (and) luckily he was right in the area at the time. He stopped by, X-rayed the picture — and it turns out to be some pencils.”

“Better safe than sorry.”

Norman Don Ball
Photo provided by a family member

Words come easily to those who knew the late Norman D. “Don” Ball.

He was a great and generous friend, they say.

A true family man.

The kind of person who’d give the shirt off his back to a stranger in need.

“Not just his shirt,” said Ron Townsend, 67, a cousin and lifelong friend. “He’d give you his shoes and walk around barefoot.

“The man had a heart as big as the world,” Townsend said. “He’d help anybody.”

The words are easy to find.

What is impossible, Townsend said, is finding any sense in the tragedy that unfolded on Tuesday. Ball, 69, was shot and killed early that morning while he slept at his home on Selden Road in Le Roy.

A neighbor, Kyle Johnson, was charged with murder after an hours-long armed standoff with police.

The suspect, Townsend said, is among the countless number of people indebted to Ball.

It was at least a decade ago, Townsend said, that he was renting a room at Ball’s home, while also working at his construction business.

Johnson, who was married at the time, had trees that needed cutting but no money to pay for the work.

Townsend said Ball called him one winter day, and asked him to help Johnson out.

“Donnie called and asked me to take a chainsaw and cut the trees down,” Townsend said. “We didn’t know what to do with all the wood, so we brought it back and cut it into firewood.

“Shortly after that we had a snowstorm, and Donnie sent me down to plow (Johnson’s) driveway,” Townsend continued. “He didn’t have any money at the time, so his wife made Christmas cookies and we brought them over to Don’s house.”

Townsend said he felt sickened on Tuesday, as he watched television coverage of events on Selden Road.

“I just couldn’t believe it was happening,” Townsend said. “I just don’t get it.”

Tuesday was also difficult for Richard Gross, who got to know Ball when he rented his Selden Road apartment about eight years ago.

“We became real good buddies, doing all kinds of things together,” Gross said. 

Gross, 52, rented from Ball for a couple of years and now lives in Wyoming. He said he’d visit Ball whenever he had a chance, most recently about a month ago.

“He was always making jokes, always smiling,” Gross said. “It took a whole lot to upset him.”

Ball was a businessman and an Air Force veteran who served two tours of duty in Vietnam. He also owned a mobile home park in the Town of Bergen.

“He was a true family man,” Gross said. “He really loved his family, I can tell you that.” 

And his friends.

Gross remembered wanting to buy a Ford diesel truck. He couldn’t afford one at the time.

“Donnie knew I didn’t have the cash right at the moment, but he knew I wanted the truck,” Gross said. “The next thing I know, he goes and buys it for me.

“Is that a friend or what?”

Gross eventually paid Ball for the truck. He’ll never forgot the gesture of kindness.

Which left him feeling at a loss this week.

“I can’t believe somebody would do something like that to Donnie,” Gross said. “The guy did nothing but good for people.

“He didn’t deserve this,” he said. “That’s for damn sure.”

Wendy S. Pritchard, 39, of MacArthur Drive, Batavia, is charged with false reporting an incident and providing a false written statement. Pritchard is accused of falsely reporting that a check written to her landlord was stolen and cashed without her permission.

Ajia R. Hasenauer, 22, of Myrtle Street, Le Roy, is charged with criminal possession of a controlled substance, 7th. Hasenauer was arrested by Le Roy police after a check by a probation officer of her residence allegedly uncovered a quantity of pregabalin, a controlled substance.

Brenda L. Babcock, 31, of West Ave, Brockport, was arrested on a warrant by Le Roy PD. Babcock was wanted in connection with a 2008 charge of issuing a bad check. 

Michael J. Elmore, 24, of Liberty Street, Batavia, is charged with criminal contempt, 2nd. Elmore was arrested following an investigation into a trespassing complaint at 6:06 a.m. Monday at an address on Summit Street, Batavia.

Ela Arana, 37, of Chapin Street, Rochester, is charged with petit larceny. Arana was allegedly observed by Batavia Downs video surveillance staff stealing a phone. Also charged with petit larceny, Luz E. Ramos, 54, of Chapin Street, Rochester.

Jae-Quele M. Tomlin, 21, of East Delavan Avenue, Buffalo, is charged with trespass and harassment, 2nd. Tomlin was arrested following a complaint of a disturbance at Billy Goats, 345 W. Main St., Batavia, at 11 p.m. Friday. Also arrested, Amber D. Blackshear, 21, of East Delavan Avenue, Buffalo, who was charged with assault, 3rd. Blackshear allegedly hit and injured a bouncer. Also arrested, Winston Ashton Lockhart, 20, no permanent address, who was charged with second-degree harassment and trespass.

Barbara Lynn Burns, 51, of Westwind Drive, Rochester, is charged with DWI and refusal to take breath test. Burns was arrested by Deputy James Diehl following a report of a property damage accident at 9:39 p.m. Tuesday at 8315 Park Road, Batavia.

Larson Zane Sundown, 18, of Meadville Road, Basom, is charged with driving while impaired by drugs, moving from lane unsafely, unlawful possession of marijuana, failure to stop for a red light on a right turn and driving left of pavement markings. Sundown as stopped by Sgt. Thomas Sanfratello on Lewiston Road, Batavia, at 11:53 p.m. Nov. 25.

Services have been announced for Norman D. "Don" Ball, 69, who was shot and killed early Tuesday morning while he slept in his bed at his residence on Selden Road, Le Roy.

A neighbor, Kyle Johnson, has been charged with murder in the second degree.

The Falcone Funeral & Cremation Service in Le Roy is handling arrangments for the Ball family. Calling hours are from 10 a.m. to noon, Saturday, 8700 Lake Road, Le Roy. Funeral services are at noon, with interment to follow at Stafford Rural Cemetery.

Ball, a Vietnam Veteran who served in the Air Force, will receive military honors.

For the complete obituary, click here.

Previously:

• Selden Road victim sleeping in bed before being shot to death
• Arson, murder suspect in Le Roy reportedly taunted police before surrendering
• Person reportedly shot at residence in Town of Le Roy

Le Roy’s Winterfest is Saturday, and fear not — one of the most anticipated guests is definitely on the way.

And it isn’t Santa Claus (although he’s coming to town, too).

We’re talking about the Community Christmas Tree, which has graced the former Wiss Hotel site at Main and Lake streets every season since Lathan Tree Service donated it in 2013.

The 30-foot-tall artificial tree will be in place by Thursday — Friday at the latest, said Carrie Lathan, whose husband Andrew owns the business.

“This year we’re kind of cutting it close,” Lathan said Monday. “But don’t worry, we’ll have it up on time.”

Winterfest will feature a host of activities and events for all ages beginning at 10 a.m. Saturday. The Community Christmas Tree Lighting will conclude festivities at 6 p.m.

The event is sponsored by the Le Roy Business Council, and numerous businesses and organizations will offer sales, specials and open houses.

A highlight is Santa himself, who will visit with children at the Moose Family Center, 21 Bank St., beginning at 1 p.m. 

A “Santa’s Cutest Elf” contest is slated for 12:30 p.m., also at the Moose Family Center.

Other scheduled events include:

— Face painting, coloring and more from 10 a.m. to 2 p.m. at Town Hall, 48 Main St.; and an inflatable obstacle course from 10 a.m. to noon at the Fire Hall, 3 W. Main St.

— A “create a craft” station from 10 a.m. to 2 p.m. at First Presbyterian Church, 7 Clay St.

— Numerous activities from 11 a.m. to 4 p.m. at Woodward Memorial Library, 7 Wolcott St. Crafts include paper snow globes, bowtie pasta wreaths, and wreath and candy-cane bead ornaments. Children may also decorate a sugar cookie and watch the holiday movie favorite “Elf,” which will play on a loop.

— A basket raffle and pie sale from 10 a.m. until sold out at United Methodist Church, 10 Trigon Park.

— The Community Holiday Bazaar from 10 a.m. to 4 p.m. at the Moose Family Center, 21 Bank St. Non-perishable items (including canned goods, toiletries, diapers, winter clothing and back-to-school supplies) are being collected for donation to the Le Roy Pantry & Help Fund, LCCP Backpack Program and the Back to School Supply Program.

— A chocolate candy sale by the Olive Branch Women from 10 a.m. to 2 p.m. at the Masonic Lodge, 12 Bank St.

— A Boy Scout fresh wreath sale from 10 a.m. until sold out on Main Street near the Bank of Castile. 

— The “Jinglin All The Way” 5K/10K run/walk, which begins at 3 p.m. at the Masonic Lodge on Bank Street and follows a course through the village. Registration is $20 plus a new, unwrapped toy or $15 gift card. Proceeds benefit the Le Roy Food Pantry. Also, every donated canned good or nonperishable food item will earn a raffle ticket for a prize drawing. For more information and a list of needed items visit tritheoatka.com.

For more information and updates, visit Le Roy’s Annual Winterfest Page on Facebook, https://www.facebook.com/LRWinterfest/

———

Businesses and families are once again welcome to provide ornaments for the Community Christmas Tree. They should be at least 6 inches tall, and can be dropped off at Town Hall by Thursday.

“The only specification we give is that they’re durable, because they’ll be outside,” Lathan said.

Ornaments will be zip-tied to the tree, and will stay on the branches year-round. But anyone who would like their ornament returned at the end of the season, can call Lathan Tree Service at (585) 768-2278 to make arrangements.

Norman Don Ball
Photo provided by a family member

Kyle G. Johnson, 53, of 7324 Selden Road, Le Roy, has been charged with murder in the second degree in the shooting death this morning of Norman Don Ball, 69, of 7421 Selden Road, Le Roy.

Johnson is also charged with first-degree burglary, third-degree arson, and reckless endangerment. Additional charges are pending.

Johnson is accused of entering the home of Ball through an unlocked rear door at about 3:50 a.m., going upstairs, asking a roommate if Ball was home, and then going back downstairs, entering Ball's bedroom, where Ball was sleeping, and shooting him in the head with a 12-guage shotgun.

Johnson then fled on foot, according to the Sheriff's Office, and returned to his house, which he then allegedly set on fire through unknown means.

The roommate reported hearing a pop, went downstairs and found Ball in his bed with a gunshot wound to his head. The roommate then went next door, where Mr. Ball's son lived, and informed him of the shooting, and the son called 9-1-1.

The first deputy arrived on scene at 4:02 a.m., followed by a Village of Le Roy police officer at 4:06 a.m.

At 4:15 a.m., dispatchers received a call from another Selden Road resident who reported a structure fire at 7324 Selden Road.

Le Roy fire was dispatched and a chief and village officer arrived on scene. The suspect fired his shotgun in their direction, according to the Sheriff's Office statement. 

No firefighters or officers were injured as a result of these shots.

Numerous deputies and troopers then arrived on scene and the suspect was contained within the general area around his house.

The Batavia PD emergency response team then arrived on scene and kept the suspect contained to the immediate vicinity. 

The suspect reportedly paced back and forth around his house and out onto the roadway and ignored numerous commands to drop his weapon.

The SWAT team of the Monroe County Sheriff Office arrived on scene and provided further assistance with its armored vehicles. 

The vehicles were used to confront Johnson, but Johnson allegedly failed to comply with commands to drop his weapon and surrender. 

"He would charge the armored vehicle and then back off," according to the statement. 

At approximately 7:55 a.m., Johnson placed his weapon on the ground and he was rushed by members of the SWAT team and taken into custody.

There was a press conference at the Sheriff's Office this afternoon and we will have an additional story on today's event later.

Photos of Johnson being escorted from his arraignment in Le Roy by Ray Coniglio.

Previously:

• Arson, murder suspect in Le Roy reportedly taunted police before surrendering
• Person reportedly shot at residence in Town of Le Roy

Based on information obtained from sources, we believe the suspect is in this photo, standing near the front of the Sheriff's patrol vehicle with the lights on. The photo was taken at 7:09 a.m. with a 300mm lens and has been enlarged substantially for publication. We were told the suspect wandered around the area of the roadway and his home while officers tried to talk him into surrendering. Shortly after this photo was taken, SWAT teams arrived. The suspect surrendered at about 8:10 a.m., we are told.

 

A Selden Road resident who is suspected of murdering a neighbor early this morning in Le Roy and setting his own home ablaze was taunting the police once they arrived on scene, according to a witness.

"Did you see what I did to my house?" the witness said the man told police. "Just shoot me."

Sheriff's deputies and Village of Le Roy police, along with Mercy EMS, were dispatched to 7421 Selden Road just after 4 a.m. after dispatchers received a report of a person being shot in the face. About 10 minutes later, Le Roy fire along with the Bergen Fire Department were dispatched to 7324 Selden Road for a structure fire with flames showing. Shortly thereafter, Stafford and Pavillion fire departments were called to provide mutual aid.

At first, there was no indication the two incidents were related, but when the first assistant chief for Le Roy fire, accompanied by the department's safety officer and a chief from a mutual aid company arrived on scene, along with a patrol from Le Roy, the suspect reportedly turned his shotgun on the responders and opened fire.

None of the responders were hit and they made a quick exit from the area, with the chief informing dispatchers they had been fired on and to hold back all responding units.

The chief was pretty shaken and returned to the fire hall a short time later, said 2nd Assistant Chief Tom Wood.

"We actually never got told there were any shots fired or the second incident was happening, so we responded as a normal incident," Wood said.

It's unclear if the suspect, whose name has not yet been released, was firing indiscriminately or deliberately targeting either firefighters or police.

Wood said it appeared to the firefighters the gun was pointed at them.

"When they got on scene they saw the individual and he pointed the gun in their direction, or the direction of the police, and, I believe, fired two or three rounds at them," Wood said. "Nobody was hit, but it was definitely scary."

It was a tense time for Jon Marcello and his family, who moved from the village to Selden Road in July. He said he spoke to his neighbor, the suspect, for the first time a couple of weeks ago. The suspect, he said, placed a no trespassing sign in his front yard because he was going through a divorce and he didn't know who his ex-wife might had given keys to.

"He was concerned about other people coming into the house and on the property," Marcello said.

When Marcello saw a fire burning outside this neighbor's house, he went outside to investigate. He then heard two gunshots. A police officer told him to get back in his house. He said he and his wife and his two small children, who are too young to have comprehended what was going on, sheltered upstairs.

"It's certainly concerning when you see him walking down the street and on our property with a shotgun, SWAT teams all around telling him to put the gun down and he wasn't complying," Marcello said. "He was actually taunting them telling them to shoot him. I don't know if it was a suicide mission, or what."

The suspect surrendered about 8:10 a.m.

The name of the victim has not yet been officially released.

No other injuries have been reported in connection with the incident.

The incident was troubling for the volunteers who responded to the scene, Wood said. Even though nobody has forgotten what happened in Webster, where firefighters were shot and killed responding to a fire, on Christmas Eve a couple of years ago, it's still not something you expect to happen here. Wood said he doesn't know how you prepare or train for such unexpected violence.

"It's scary," Wood said. "We don't know how to deal with stuff like this. We're a small rural department and all volunteer."

The Sheriff's Office has scheduled a press conference at 2 p.m. about the incident.

Previously: Person reportedly shot at residence in Town of Le Roy

The residence of the shooting victim.

Tom Wood speaking with members of the media.

Law enforcement and Mercy medics are responding to a residence on Selden Road in the Town of Le Roy where a person has reportedly suffered a gunshot wound.

A dispatcher advises that "the victim has been shot in the face. The suspects appear to have left the area."

UPDATE 4:10 a.m.: It's described as a "marauding incident" (which Merriam-Webster's dictionary defines as "roaming about and raiding in search of plunder.") Further law enforcement communications have been moved to a secure channel.

UPDATE 4:18 a.m.: Now there is a report of a structure fire at a residence near the original caller's address. Smoke and flames showing. Le Roy fire and Bergen fire dispatched. Of course, at this point, it's unknown if the incidents are related.

*** We're withholding the address pending more complete information and to avoid identifying the victim at this stage.

UPDATE(S)(By Billie) 4:28 a.m.: "Shots fired. Back out of the area," the fire chief on scene tells responders. Stafford and Pavilion fire departments were also called to the fire.

UPDATE 4:41 a.m.: Le Roy Fire Police are instructed to shut down Selden Road at Route 19 and at West Bergen Road. Only emergency responders and law enforcement will be allowed to pass.

UPDATE 5:08 a.m.: Flames are no longer visible at the scene of the structure fire, however firefighters have not yet been allowed to access the property because law enforcement has not cleared the scene. An emergency command center, or staging area, has been set up at the Eastern Carolina, LLC, complex at 7591 Selden Road, near Route 19. (The gunshot incident and the fire are roughly a block apart on Selden Road.)

UPDATE 5:34 a.m.: People on Selden Road are ordered to "shelter in place," according to an order given by law enforcement. They must remain inside until further notice.

UPDATE 6:17 a.m.: A reader who lives on Selden Road said he "came outside when I first noticed the fire and a police officer told me to get back in the house and there was an active shooter. Soon after, there were two loud gunshots, sounded like a shotgun. ... The fire is still blazing pretty good on the west side of the house closest to me. No firefighters on scene, assuming they have not found the shooter (s). ..." This reader also submitted the photo above.

UPDATE 6:58 a.m.: A woman who has identified herself as the daughter of the shooting victim has told the media that her 69-year-old father has died as a result of the gunshot wound(s). Police have not confirmed this.

UPDATE 7: 22 a.m.: Photo from the scene:

UPDATE 8:14 a.m.: Multiple law enforcement units have cleared the scene; they've left the area. It has not been confirmed, but indications are that the situation has been resolved, that the incident has concluded.

8:32 a.m.: A suspect has been taken into custody.

Harrison J. Hartung, 32, of Power Street, Syracuse, was arrested on a warrant by State Police in Auburn during a traffic stop and turned over to Batavia PD. The warrant stems from an alleged incident in 2005 that led to a charge of disorderly conduct. The incident was reported at 6:19 a.m., May 7, 2005, at 318 E. Main St., Batavia. Hartung was arraigned in City Court, pled guilty, was fined $80, plus a $95 surcharge, and released.

Nicholas Alexander Pleace, 29, of Orangeport Road, Gasport, is charged with criminal trespass, 2nd, criminal mischief, 4th, and harassment, 2nd. Pleace allegedly forced his way into a residence on Pratt Road at 2:25 p.m. Thursday,and damaged property in the process. He allegedly shoved a victim and refused to leave upon request. He was jailed on $500 bail.

Wayne Lewis, 28, of Thorn Street, Rochester, is charged with grand larceny, 4th. Lewis was arrested following an investigation by Le Roy PD into the theft of a credit card at Tops Market. Lewis was identified as the suspect through the use of surveillance footage that helped identify him and his vehicle. Lewis is accused of stealing the card and then making a purchase with it. He was issued an appearance ticket.

A 17-year-old resident of River Road, Pavilion, was charged with unlawful possession of marijuana. The youth was allegedly found in possession of marijuana during a traffic stop at 8:44 p.m. Wednesday by Officer Chad Richards (defendant's name withheld by Batavia PD).

James E. Wroten Jr., 49, of Central Avenue, Batavia, is charged with criminal contempt. Wroten allegedly violated a complete stay away order of protection.

Leslie O. Hinz, 66, of Manhatten Avenue, Batavia, turned himself in on an arrest warrant after speaking with Sgt. Dan Coffey. Hinz was wanted on a harassment, 2nd, charge. Hinz allegedly approached and continuously followed a stranger at 10:20 a.m., Oct. 19. Hinz posted $300 bail.

Kathleen M. Watkins, 36, of Perry Road, Pavilion, was arrested on a warrant for alleged failure to appear to pay a fine.

Oscar L. Muniz Jr., 22, of Parma Center Road, Hilton, is charged with unlawful possession of marijuana, inadequate muffler and uninspected motor vehicle. Muniz was stopped at 9:23 p.m. Wednesday on West Main Street, Batavia, by Officer Chad Richards for allegedly driving a vehicle with a loud muffler.

Kimberly Ashley Paladino, 25, of Church Street, Le Roy, is charged with two counts of petit larceny. Paladino is accused of stealing $198 in merchandise from Walmart on Thursday. She is also accused of stealing $163.37 in merchandise from Walmart on Nov. 19.

There is a report of heavy smoking showing from an apartment at 103 W. Main St., Building 1, Apt. #5, Le Roy, the Royal Apartments.

Le Roy fire and Le Roy ambulance along with Bergen, Pavilion and Town of Batavia's Fast Team are dispatched.

UPDATE 3:24 p.m.: Second alarm responders can stage in quarters.

Diana Zinni, second from left, a Brooklyn-based singer/songwriter who grew up in Le Roy, returned to her hometown Wednesday night for a performance at Smokin’ Eagle BBQ & Brew.

The show was in support of an Indiegogo fundraising campaign for her debut album (https://www.indiegogo.com/projects/diana-zinni-s-debut-album#/). She is pictured before Wednesday’s show with, from left, her mother Cathy Zinni and friends Ken Plossl and Kelly Nichols. They’re being photobombed by Zinni’s father, Rick.