Quantcast
Skip to main content
Tuesday, September 2, 2014 at 5:08 pm

Law and Order: Le Roy man accused of illegal entry into neighbor's apartment

post by Billie Owens in batavia, crime, Le Roy

Thomas A. Gorrow III, 23, of 59 Mill St., rear apt., Le Roy, was arrested based on a complaint from last evening (9/1/2014) that he allegedly unlawfully entered a neighbor’s apartment and while inside damaged both a stove and a window. Gorrow was initially taken into custody by the Le Roy Police Department under section 9.41 of the Mental Hygiene Law and transported by ambulance to a hospital for evaluation, but allegedly left the hospital without the medical staff’s knowledge and/or permission. Gorrow was located at work and arrested by the Le Roy Police Department and charged with one count each of burglary, 2nd, a Class C felony, and criminal mischief, 3rd, a Class E felony. Gorrow was arraigned before the Hon. D. Sehm of the Le Roy Town Court and released under the supervision of Genesee Justice.

Roberto Varona-Gonzalez, 57, of Clifford Avenue, Rochester, is charged with evading or defeating cigarette tax. It is alleged that he possessed 31 cartons of cigarettes or 6,200 cigarettes following a traffic stop on Bank Street Road in the Town of Byron. He was issued an appearance ticket and is to appear in Byron Town Court at 5 p.m. on Sept. 22.

Thomas A. Webb, 54, of Gifford Street, Syracuse, is charged with criminal possession of a forged instrument, 2nd, and grand larceny, 4th. He was arrested on the charges after allegedly cashing a forged check at a bank. The investigation was  conducted in coordination with the Le Roy Police Department. Webb was arraigned in Batavia City Court and put then put into Genesee County Jail in lieu of $10,000 bail. He is set to appear back in court at 11 a.m. on Sept. 11.

Joshua Lee Baltz, 38, of West Main Street, Batavia, is accused of first-degree criminal contempt. He was arrested for allegedly making phone calls from the county jail on Aug. 30 to a protected person, in violation of a stay-away order of protection.

Sunday, August 31, 2014 at 1:43 pm

Stolen vehicle found partially submerged in quarry off Circular Hill Road, Le Roy

post by Howard B. Owens in crime, Le Roy

A partially submerged vehicle in a water-filled quarry off Circular Hill Road in Le Roy caught the attention of a Hanson Aggregates employee this morning.

He called the Dispatch Center at about 10 a.m. and reported his find, which generated a response from the Sheriff's Office, State Police and the Le Roy Fire Department. 

"Our first concern was how it got there and if anybody was still inside it by chance," said Sgt. Jon Szumigala, of the Sheriff's Office. "The report we received is that the vehicle looked like it had  been there for quite some time. But we had to check and see if by chance if anybody was in it."

Water rescue teams for Le Roy fire and City fire checked the vehicle and surrounding water and the search indicated there were no victims of a crash.

Firefighters retrieved the vehicle's license plate number and VIN number. It was a 2013 Jeep Wrangler stolen May 20 in Pittsford, Szumigala said.

The vehicle dropped some 40 or 50 feet from the cliff to the rocky shore below.

"It appears that at one one point it was completely submerged and that's why it's taken so long for someone to actually spot it," Szumigala said.

A tow truck from Stella's Collision was called to the scene to retrieve the vehicle.

Satellite image from Bing: This isn't an exact representation of the landscape at the quarry today. There is quite a bit more growth along the northern side of the quarry and on the seemingly manmade plateau in the northeast corner. We've added a red dot for the approximate location of where the vehicle was found.

Saturday, August 30, 2014 at 2:38 am

Several victims of an assault reported on Griswold Road, Le Roy

post by Howard B. Owens in crime, Le Roy

Deputies are at a residence on Griswold Road in Le Roy and have requested at least three ambulances for "several" victims of an assault.  

Two victims have been mentioned with specific injuries, both women, one wth a head injury who is now in and out of consciousness. 

Le Roy Ambulance and Mercy EMS responding.

Thursday, August 28, 2014 at 5:52 pm

Attorney accused of stealing from client

post by Howard B. Owens in crime, Le Roy
Terrance Falk

An attorney and former Le Roy resident is accused of stealing settlement money from a client for whom he helped win a judgement in November, 2012.

Terrance A. Falk, 49, of 16 Woodsmeadow Lane, Rochester, is charged with charged with grand larceny, 3rd, following an investigation by Le Roy PD.

An investigation began after police received a complaint that from 2009 until the suit was settled, Falk represented the complainant. Falk allegedly received $15,000 from the other party on behalf of the victim, but misappropriated the funds. 

Grand larceny, 3rd, covers thefts of $3,000 or more.

Falk was arraigned and released on his own recognizance.

Thursday, August 28, 2014 at 8:14 am

Law and Order: Young man accused of punching older family member, leading to felony charge

post by Howard B. Owens in batavia, crime, Le Roy, Oakfield, Pavilion

Forrest Ansel III, 24, of East Main Street, Batavia, is charged with assault, 2nd. Ansel is accused of punching a relative several times, causing physical injury. The alleged victim is over 65 and more than 10 years older than Ansel. Ansel was arraigned and released under supervision of Genesee Justice.

Paul C. Ferraro, 19, of South Pearl Street, Oakfield, is charged with grand larceny, 3rd. Ferraro is accused of stealing more than $3,000 over a two-month period while employed at Save-A-Lot. Ferraro was jailed without bail.

Thomas Webb

Thomas A. Webb, 54, of Syracuse, is charged with criminal possession of a forged instrument, 2nd. Webb was arrested after a bank employee called about two people in the bank trying to cash forged checks. Webb was apprehended at the scene, but the other person fled before police arrived. Police recovered the checks and the IDs of both suspects. The investigation indicates at least one other person may be involved. That person appears to have supplied the forged checks to the suspects and similar checks that were cashed at another bank branch in the City of Batavia. Le Roy PD and Batavia PD are working together in an ongoing investigation.

Timothy J. Lewis, 20, of Ellicott Street Road, Pavilion, is charged with harassment, 2nd. Lewis is accused of hitting a family member and a friend while in the parking lot of Oliver's Candies at 3:30 a.m., Wednesday.

Katherine S. Thomas, 41, of Ross Street, Batavia, is charged with disorderly conduct. Thomas is accused of intentionally breaking a glass mug on the sidewalk in front of her residence, causing a physically offensive and hazardous condition.

Wednesday, August 27, 2014 at 5:59 pm

Photos: Today in Genesee County

post by Howard B. Owens in BARNS, genesee county, Le Roy, photos, Stafford

The morning in Batavia started out kind of gloomy, but by the afternoon, the skies had cleared a bit and it was another beautiful day in Genesee County.

Above, a tree and barn off Selden Road, Le Roy.

A barn on Thwing Road, Stafford.

The view from Clinton Street Road, Stafford.

And below, three shots of Richard Oderkirk's sunflowers in Stafford.

Wednesday, August 27, 2014 at 1:37 pm

Photo: Route 5 repaving in Le Roy

post by Howard B. Owens in Le Roy

Contractors are continuing work today on the repaving of Route 5 through the Village of Le Roy, creating a bit of a traffic snarl.

Wednesday, August 27, 2014 at 7:30 am

Law and Order: Driver accused of possessing marijuana following accident in Le Roy

post by Howard B. Owens in batavia, crime, Le Roy

Gina Lee Colangelo, 22, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to keep right. Colangelo was allegedly the driver in an accident where her vehicle failed to remain in its own lane. Colangelo's vehicle was reportedly westbound on West Main Road, Le Roy, at 9:07 p.m. June 17 when it collided with a vehicle in the eastbound lane. In the course of the accident investigation, Deputy Joseph Graff allegedly found marijauna in Colangelo's vehicle.

Eric Joseph Smith, 29, of Gilbert Street, Le Roy, is charged with petit larceny. Smith is accused of stealing $107 in merchandise from Walmart.

A 16-year-old resident of Parsells Avenue, Rochester, is charged with petit larceny. The youth is accused of shoplifting from Walmart.

Tuesday, August 26, 2014 at 10:30 pm

Serviceman returns from Middle East to big hometown welcome in Le Roy

post by Howard B. Owens in Le Roy

Le Roy resident Mike Risewick, returning from his second deployment to the Middle East, got a grand welcome home tonight, including a shuttle pick-up with friends and family at the Rochester Airport courtesy S&S Limousine. The Le Roy Fire Department provided a lights and siren escort from the I-490 into the village.

It's the kind of welcome, Risewick noted, that only happens in a small town. And only in a small town do friends and neighbors look out for the families of men and women deployed overseas.

"It's incredible," Risewick said of the welcome. "I certainly didn't expect it. It's easy for me to go do this, but all the time in the back of your mind, you're always worried about how the family back home is making out. Le Roy, the town, has just been great. The friends, all the carpooling rides, everybody coming together to make sure my wife and kids were taken care of. I couldn't ask for any more than that."

Risewick, who is with Bravo Company 6442 ASB (helicopter maintenance) has been in the military for 32 years, including three years active duty and the rest of the time attached to the National Guard. He was previously deployed to Iraq. This latest deployment -- which started in October with a trip to Ft. Hood in Killeen, Texas -- was to Kuwait.

Risewick with wife Linda and sons Eric and Adam.

Sign outside Spirit's on Lake Street this evening.

Tuesday, August 26, 2014 at 5:15 pm

Frost Ridge case attorneys wrangle with witnesses over what they knew and when they knew it

post by Howard B. Owens in business, frost ride, Le Roy, zoning

Marney Cleere, one of the co-plaintiffs in the pair of lawsuits filed against Frost Ridge over alleged zoning violations and live music at the venue, spent a lot of time on the witness stand today.

Cleere was called to testify in a hearing aimed at establishing when the statute of limitations' clock started ticking on a Le Roy Zoning of Board of Appeals determination that all activities at Frost Ridge are "grandfathered in," and whether that ZBA determination was made properly.

David Roach, the attorney Frost Ridge, and the campground's owners, Greg and David Luetticke-Archbell, called Cleere to try and establish what the Oatka Trails Road resident knew about the Sept. 25 ZBA decision and the day she knew it.

If she knew about it before April 8, it could mean there is evidence to establish that her and her co-plaintiffs did not file their complaint in a timely fashion. Depending on how Noonan interprets the law and case law, that could mean at least a portion of their suit against Frost Ridge could be thrown out of court.

Cleere testified today that she received a copy of the minutes from the Sept. 25, 2013 ZBA meeting on March 26, 2014.

Getting that admission from Cleere took dozens and dozens of questions from Roach and attorney Karl Essler, representing the ZBA, which is a co-defendant in the Cleere/Collins lawsuit.

Frost Ridge is also being sued by the Town of Le Roy.

Roach started his questioning by establishing that Cleere had an e-mail address with a username and password that only she could access.

He then showed her an e-mail from Patty Canfield, the Le Roy town clerk, to her e-mail address.  

Cleere never admitted to having previously seen the e-mail, but said she couldn't say that her e-mail account was hacked or that the e-mail could be fraudulent.

Once, when asked by Roach if the e-mail was sent to her, she responded: "It has my e-mail address on it, yes."

The e-mail is from early October.

It appears to have had three attachments (not included with the printed e-mail used as evidence). Those attachments were supposedly the ZBA minutes from June 11, July 23 and Aug. 27.

Roach quoted Canfield as writing, "I believe they will approve Sept. 25. minutes at next meeting."

Asked if the e-mail from Canfield was in response from Cleere for a copy of the Sept. 25 meeting minutes, Cleere said she would have to review her e-mails to answer the question.

She had no recollection of requesting those specific minutes from the town.

Later in her testimony, Cleere said she didn't request them until March because she didn't know that the minutes existed nor that Frost Ridge was discussed at the Sept. 25 ZBA meeting. Her request was prompted by communications with attorneys from both sides of the dispute, according to her testimony.

Asked several times in different ways if she took any action between October and March to obtain a copy of the Sept. 25 meeting minutes, Cleere responded, "I didn't know of that meeting, so what would have caused me to request those minutes?"

She obtained the copy of the Sept. 25 minutes from Code Enforcement Officer Jeff Steinbrenner, who, according to testimony by himself and other prior witnesses, kept all the minutes in a file in his office.

Cleere also testified -- while being questioned by her attorney Mindy Zoghlin -- that she became angry when she learned about the Sept. 25 meeting in March.

"Obviously, we were furious that we weren't made aware of this meeting," Cleere said. "We didn't understand why we weren't made aware of this, why it took six months."

Cleere said the package of material she received from Steinbrenner contained no application from Frost Ridge, no supporting documents and no notice of public hearing.

Part of what Zoghlin is trying to establish is that the ZBA's determination lacked jurisdictional validity. 

If she can show that the ZBA acted outside the scope of the law, the Sept. 25 determination would be meaningless and, potentially, the statute of limitations question becomes moot.

Zoghlin spent a lot of time today questioning David Luetticke-Archbell about his interpretation of communications from the town, what they meant, what he understood and what he believed, all in an effort to draw a distinction between the campsite zoning issues at Frost Ridge and the issue of live music.

Zoghlin argued that the zoning issues and the music issue are completely separate issues. The zoning issues, according to her, require a zoning variance, while the live music issue requires an area variance, a use variance or a special-use permit.  

If the ZBA wasn't considering live music at its Sept. 25 meeting (and Board Chair Debbie Jackett testified clearly that it did), then the ZBA determination is reduced to only a consideration of campsite placement and use.

As Zoghlin repeatedly asked questions to try and get Luetticke-Archbell to discuss these topics as separate issues, often with objections from Roach, the parade of objections eventually flared up, resulting in both attorneys making lengthy arguments to Noonan about why, or why not, the line of questioning was relevant.

"We can't just pull out of thin air the separation of the two issues because the record already states they're one issue," Roach said.

"The record" being a reference to a couple of documents already in evidence, including a letter from Steinbrenner to Frost Ridge that treats live music as just one in many alleged zoning violations.

"The communication that triggered the ZBA hearing didn't come directly from code enforcement (a reference to a supposed copy-and-paste by Steinbrenner of a message from Town Supervisor Steve Barbeau)," Zoghlin said. "That communication, while inartfully drawn, had the effect of mixing up and confusing two issues. ... 

"When we get to the jurisdictional issue," Zoghlin continued a statement or two later, "NYS town law and Town of Le Roy zoning code requires an application so we can avoid this kind of problem, so when the ZBA considers something, they have some type of idea exactly what they are being asked to rule on.

"There's no application here," she said. "To say the documents speak for themselves doesn't really help. To compound the problem, nothing was published anywhere so that anybody in town had any inkling the ZBA might consider a determination. The entire procedure is flawed from beginning to end so that it doesn't determine anything. I don't understand the thought process that says they're not asking for two things that are totally different in a way that makes any sense."

Noonan overruled Roach's objection, but also expressed skepticism about Zoghlin's line of questioning. 

"Maybe I'm missing something," Noonan said. "I realize zoning is a highly technical issue conducted by lay people who sometimes make mistakes in the process, but I don't see how going through the thought process of people gives us any enlightenment that will help me to decide this case when the case is based on documents."

With the hearing completed today, now we wait.

The attorneys will draft memos of facts and case law for Noonan to consider prior to issuing his ruling. Those documents are due Sept. 29. Noonan didn't indicate how long it would be after that before he issues a ruling on these motions.

Without a complete dismissal of the case, there will be more court appearances before the lawsuits are decided.

In the meantime, the Marshall Tucker Band is scheduled to play The Ridge on Sept. 6.

Noonan continued his order lifting the ban on live music at Frost Ridge, which allows the Sept. 6 concert to go forward as planned.

Two shows that were previously postponed because of the restraining order. John Michael Montgomery and Jason Michael Carroll have been rescheduled to dates near the end of October. The fate of those shows may depend on the status of the legal case at that time.

Premium Drupal Themes