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By Lisa Ace

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Law and Order: A pair of weekend DWIs

By Howard B. Owens

Jason Gerard Heineman, 42, of Batavia Oakfield Townline Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right, driving left of pavement markings and refusal to take breath test. Heineman was stopped at 12:59 a.m. Saturday on Phelps Road, Pembroke, by Deputy Andrew Hale.

Edward William Zastrow, 33, of Town Line Road, Bergen, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely. Zastrow was arrested by Sgt. Eric Seppala after his vehicle reportedly went off the roadway on Buffalo Street, Bergen, at 1:14 a.m. Sunday.

Devon James Schulman, 19, of Walnut Street, Batavia, is charged with petit larceny. Schulman is accused of stealing merchandise from Walmart.

Curtis L. Williams, 34, of Central Avenue, Batavia, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation, 3rd, charge. Williams turned himself in on the warrant.

Gregory Marcus Munroe II, 26, of Harvester Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a disorderly conduct charge. Munroe turned himself in on the warrant.

Kim M. Sobczak, 52, of Batavia, is charged with petit larceny, controlled substance not in original container and criminal possession of a controlled substance. Sobczak was arrested at Kmart at 12:30 p.m. Friday by State Police. No further details released. UPDATE: NYSP has released additional information on this case. According to police, Sobczak was caught leaving Kmart with a shopping cart full of assorted items with a value of more than $300. She was allegedly found during her arrest with a pill bottle containing acetaminophen/oxycodone and acetaminophen/hydrocodone pill tablets.

Ethan T. Ellis, 30, of Brockport, Mark J. Friga, 29, David A. Morre, 26, Victor F. Martinez, 26, all of  Rochester, were charged with trespass. The four men were allegedly found by State Police riding ATVs on private property off Circular Hill Road, Le Roy, last week. The property is owned by Hanson Aggregates.

Accident with unknown injuries on westbound 490

By Billie Owens

A motor-vehicle accident is reported, with unknown injuries, on the westbound I-490 near mile marker 2. Bergen fire is responding along with Le Roy fire and ambulance.

Eastbound Route 5 in Le Roy reportedly blocked by truck accident

By Howard B. Owens

A reader who witnessed the accident reports a westbound tractor-trailer has jackknifed on Route 5 near Bater Road, Le Roy.

The truck hit a pole and the eastbound lane is blocked.

A trooper just arrived on scene.

UPDATE 5:58 a.m.: Le Roy fire requested to shut down traffic westbound on Route 5 at Keeney Road. Stafford fire requested to shut down traffic eastbound at Buckley Road.

UPDATE 6:44 a.m.: Traffic is reopened. Stafford and Le Roy back in service.

Law and Order: Arrests made in alleged assault case in Le Roy

By Howard B. Owens

Ricky N. Porter Jr., 24, of Gilbert Street, Le Roy, and a 16-year-old male from Brighton (name not released by Le Roy PD), were charged with assault, 3rd. Porter and the teen allegedly punched another person numerous times, causing facial fractures, swelling and lacerations. The victim required hospital treatment. The teen was also charged with criminal mischief, 3rd. It's alleged that after turning himself in at Le Roy PD headquarters, he punched a window, damaging the window and hurting himself. After being treated for the injury, he was arraigned on both charges and jailed on an unspecified amount of bail.

Renee L. Coughlin, no age provided, of Bergen, is charged with DWI and criminal possession of a weapon, 4th. Coughlin was stopped by State Police in Olean. During the investigation, troopers allegedly found she was carrying a stun gun.

Joseph B. Hogan, 75, of Corning, is charged with federal criminal tax fraud, 4th, and possession of unstamped cigarettes. Hogan was stopped on Route 77 in the Village of Corfu by Officer Michael Petritz for allegedly driving 47 in a 35 mph zone.

William James Bick, 25, of Dorman Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Bick was stopped at 2:33 a.m. Dec. 27 on Oak Orchard Road by Sgt. Thomas Sanfratello.

Laticia S. Anderson, 29, of Wilson Street, Rochester, is charged with harassment, 2nd, and menacing, 2nd. Anderson was allegedly involved in a fight at 16 Bank St., Batavia, at 10 p.m. Sunday. She was jailed on $1,000 bail.

Katie Rose Wishman, 29, of Ross Street, Batavia, is charged with petit larceny, possession of a hypodermic instrument and criminal possession of a controlled substance. Wishman is accused of shoplifting from Dollar General. She was allegedly found in possession of a hypodermic needle and a small amount of crack cocaine upon her arrest.

Cody David Cutitta, 28, of Broadway Road, Alexander, is charged with criminal possession of stolen property, 4th, petit larceny, identity theft, 3rd, and forgery, 3rd. Cutitta allegedly used a credit card without authorization to obtain goods and services at two locations in the City of Batavia and one in the Town of Batavia.

Crystal L. Marsceill, 34, of Oak Street, Batavia, was arrested on warrants for alleged failure to appear on an aggravated unlicensed operation charge and on a grand larceny charge. She was jailed on $5,000 bail.

UPDATE: Marsceill was also arrested in Wyoming County. Marsceill was reportedly a passenger in a vehicle stopped at 2:58 a.m. Saturday on Route 19, Warsaw. A deputy asked for her name and birthdate to perform a warrant check and was told she would be arrested if she lied about the information. Marsceill allegedly gave an incorrect first name. The deputy found a felony warrant for her arrest out of the City of Batavia. She was charged with false personation and turned over to Batavia PD.

Erica M. Raphael, 30, of Oak Orchard Road, is charged with petit larceny. Raphael allegedly stole merchandise from Dollar General.

Casey J. Halsey, 34, of Silver Lake, is charged with aggravated harassment. Halsey was arrested in the Town of Batavia by State Police for an alleged incident reported at 10:30 a.m. New Year's Day. Halsey was held on an unspecified bail. No further details released.

Andrea L. Osborne, 30, of Albion, is charged with DWI and driving with a BAC of .08 or greater. Osborne was stopped at 10:20 p.m. on New Year's Day in the Town of Batavia by State Police.

Le Roy piles up points against Notre Dame in renewed rivalry game

By Howard B. Owens

Saturday, on the gleaming polished hardwood of Notre Dame High School, it was the first time brothers Mike and Rick Rapone faced off as head coaches.

It was the first time in more than a half-dozen years Notre Dame and Le Roy met in a regular season basketball game.

It turned out that it was the first time this season that the Oatkan Knights scored at least 70 points.

The offensives' explosion also sent the Fighting Irish to their first home defeat in 62 games.

"We struggled all year," said Rick Rapone, head coach of the now 2-5 Knights. "We haven't made our shots. We had a tough transition from football to basketball. Those kids had a great year. Eleven of my 13 kids are football players. We struggled to shoot, struggled to shoot, struggled to shoot. Tonight, we couldn't miss."

Le Roy was 31-66 from the floor (47 percent) and 10-19 from beyond the arch (52) percent and five players hit double figures in scoring.

Nick Egeling 15, Kody Lamkin 13,Tom Kelso and Ryan Boyce, 11 each and Tom Dunn, 10. Dylan Laney was a point shy of hitting the decade mark.

Mike McMullen scored only five points, but helped lead his team on the court and contributed 10 rebounds, 12 assists, two steals and three blocked shots.

"I told the kids before, our record was not an indicator of the kind of basketball team we are and we probably just beat the top basketball program, them and Batavia High, in this area, on their court," Rick Rapone said. "They had a 61-game home winning streak that we just snapped. It's great for the boys."

The Irish drop to 4-2 on the 78-59 loss.

"The team that wanted it more won," Notre Dame's Mike Rapone said. "We didn't show up with the attitude it takes to win a game like this. I've been warning them all week that records don't mean anything when you play a game like this. Le Roy showed up to play and we didn't."

Josh Johnson had 16 points and Tyler Prospero had 12. Caleb Nellis and C.J. Suozzi each had eight.

Mike Rapone said the two teams used to meet every year, but a Le Roy head coach a few years ago stopped scheduled games with Notre Dame, even though the home-and-home series each year was always a big draw.

Saturday, even the JV game (Notre Dame won 45-36) filled the bleachers and the crowd jammed onto the stage and spilled out into the hallway of the gym. 

Fans of both teams were boisterous and the arena was filled with a championship-game feel.

As for the contest of brothers, both coaches downplayed the significance of the matchup. They embraced before the game and then got down to business.

The scoring outburst by the Knights might signal a turnaround for Le Roy's season, Mike Rapone noted. They made it hard for the Irish to get back in the game, once they fell behind in the second quarter.

"They hit a lot of big shots and they got the lead," Mike Rapone said. "When we made a run at them, they hit the shots they needed."

Rick Rapone said his boys were obviously happy with the win and he was clearly proud of their effort.

"They are excited and they should be," Rick Rapone said. "They beat a hall of fame coach, a top-notch program, I think the winningest program in Section V, on their court. Come on, hall of fame coach, 61-game winning streak, their court, top program, the kids deserve it all. They did fantastic."

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Driver in Le Roy accident yesterday in guarded condition at Strong

By Howard B. Owens

A driver involved in a three-vehicle crash on East Main Street in the Village of Le Roy yesterday morning is in guarded condition at Strong Memorial Hospital in Rochester.

Charles R. Lowe, of Le Roy, was flown to Strong by Mercy Flight following the 9 a.m. accident at the intersection of Wolcott Street.

A driver in another vehicle, Donald Worthington, of Pavilion, was treated at UMMC for a cut on his head and released.

The third driver, Marrinna Ryan, of Le Roy, was treated and released at the scene for facial pain.

Lowe's vehicle was westbound on East Main when it drifted into the left-turn lane at Wolcott and hit the rear of Worthington's truck, which then struck the rear of Ryan's minivan.

Lowe reportedly told the first responding police officer that he may have fallen asleep.

The Sheriff Office Crash Management Team is assisting Le Roy PD in the ongoing investigation.

Accident with injuries reported on East Main Street, Le Roy

By Howard B. Owens

A motor-vehicle accident with injuries is reported at East Main Street and Church Street, Le Roy.

Le Roy fire and Le Roy ambulance dispatched.

Dispatchers are trying confirm whether there is entrapment.

UPDATE 9:04 a.m.: Route 5 being shut down at North Street and Mill Street.

UPDATE 9:14 a.m.: Mercy Flight put on standby.

UPDATE 9:17 a.m.: We've not heard Mercy Flight dispatched, but a ground contact is being established for a landing zone.

UPDATE 10:50 a.m.: This was a three-vehicle accident. A minivan and a pickup truck were in the turn lane on East Main Street, poised to turn south onto Wolcott, when the pickup truck was struck from behind by a westbound a black Chevy SUV. The truck was pushed into the mini-van. The driver of the SUV told officer Daryl Robb that he apparently fell asleep. A witness reportedly estimated his speed at 50 mph. The SUV driver was taken by Mercy Flight to an area hospital with possible serious injuries. One other driver was taken by ground ambulance to an area hospital and the third driver was a sign-off with only a minor facial cut. There were no passengers in any of the vehicles. The Crash Management Team for the Sheriff's Office is on scene conducting a thorough investigation.

Law and Order: Reported chair pushing incident leads to arrest

By Howard B. Owens

Mary Ann McClain, 53, of North Main Street, Albion, is charged with harassment, 2nd. McClain allegedly pushed a chair into another person repeatedly "causing annoyance and alarm." The call came in at 7 p.m. Monday on Judge Road, Alabama. 

Derek G. Thomas, 38, of Ross Street, Batavia, is charged with petit larceny and conspiracy, 6th. Thomas is accused of shoplifting from Dollar General on Sunday. Also arrested was Melinda S. Blackshear, 49, of Ross Street, Batavia. Blackshear was charged with petit larceny and conspiracy, 6th.

Rashad N. El-Amin, 33, of Jackson Street, Batavia, is charged with unlawful possession of marijuana. El-Amin was arrested following an investigation at 3:18 a.m. Monday into a reported suspicious condition at an apartment on South Main Street, Batavia.

Matthew M. Maniace, 32, of Birchwood Drive, Batavia, is charged with harassment, 2nd, and petit larceny. Maniace allegedly bent back the thumb of another person and took the phone of that person before leaving a residence on Birchwood Drive, Batavia, at 12:19 p.m. on Sunday. Maniace was also arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge and jailed on $1,000 bail.

Lauren M. Hunter, 24, of Oatka Trail, Le Roy, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Hunter was arrested following an investigation into an unrelated complaint at 2:43 a.m. Sunday on Summit Street, Batavia.

Search for missing person in Le Roy

By Howard B. Owens

Firefighters from Le Roy and other volunteer fire companies along with local law enforcement are on scene at a residence on West Bergen Road, Le Roy, to search for a missing person. 

The scene is closed to all but search personnel. 

Stafford, Bergen and Pavilion have been dispatched. 

Gators from Alexander and Caledonia requested to the scene.

UPDATE 6:30 p.m.: The subject was located about 15 minutes ago. The elderly male, an Alzheimer's patient, was found by a neighbor dressed in his pajamas huddled and shivering on the floorboard of the neighbor's car. The neighbor was leaving for work. The search started around 12:30 a.m. with a K-9 unit after relatives reported the man missing. He had last been seen sometime between 11 p.m. and midnight. Later in the morning, Le Roy fire was called in, with mutual aid from at least eight other departments, according to Chief Tom Wood. The man was transported to UMMC for evaluation but other than feeling cold, he appeared to be in good condition, Woods said. The outcome could have been a lot different in harsher winter conditions, Woods noted.

Two Genesee County football players named to All-Greater Rochester Team

By Howard B. Owens

Batavia's Dominick Mogavero and Le Roy's Mike McMullen have both been named to the All-Greater Rochester Football Team for 2014.

McMullen was listed on the team as a quarterback and utility player. Mogavero, who played running back and linebacker for the Blue Devils, was named as a linebacker.

Greg Mruczek and Anthony Gallo, from Batavia, were named to the second team.

Honorable mentions went to:

  • Ethan Henry (Le Roy)
  • Tom Kelso (Le Roy)
  • Kody Lamkin (Le Roy)
  • Ryan McQuillen (Le Roy)
  • Mike Shepard (Le Roy)
  • Jarrett Laskett (Batavia)
  • Casey Arnold (Oakfield-Alabama)
  • Samuel Browne (Alexander)
  • Allen Chatt (Oakfield-Alabama)
  • Ryan Emery (Oakfield-Alabama)
  • Andrew Gottler (Elba/Byron-Bergen)
  • Bryan Hallenbeck (Elba/Byron-Bergen)
  • John Hochmuth (Elba/Byron-Bergen)
  • Josh Hylkema (Alexander)
  • Josh Johnson (Batavia Notre Dame)
  • Tyler Laird (Alexander)
  • Ethan Osborne (Batavia Notre Dame)
  • Cal Neurohr (Pembroke)
  • Jacob Riggs (Alexander)
  • Devon Schroeder (Oakfield-Alabama)
  • Mike Shanley (Elba/Byron-Bergen)
  • Zach Shilvock (Alexander)
  • Dakota Swimline (Pembroke)
  • Jack Thomas (Pembroke)
  • Steele Truax (Elba/Byron-Bergen)
  • Reice Woodward (Oakfield-Alabama)
  • Joe Zickl (Batavia Notre Dame)

Village of Le Roy will plow privately owned street that is subject of litigation

By Howard B. Owens

CORRECTION: We're not going to change the headline because it would break the link to the story, but Filmore Street is not a subject in the resident's lawsuit over the duplex's constructed in the area.

Village of Le Roy trustees held an emergency meeting Saturday morning and voted to plow a portion of Filmore Street that is privately owned.

The section of street is the subject of a lawsuit filed by residents in Presidential Acres against the village after the village paved the street at a cost of $48,000.

The street is owned by local businessman Pete McQuillen.

There are residential units -- also the subject of a lawsuit -- along the street and trustees said they decided that while the legal wrangling winds through the process, those residents deserve to have their street plowed. 

It's a public safety issue, they said.

"My only reason for making this motion is, all you lawyers, someday you will work this all out, but the people living there should not be caught in the middle," said Trustee Jim Bonacquisti. "Those people who live in that section should expect the street to get plowed, no matter who it is.   This will all get taken care of, maybe years from now, but for somebody who lives there today, we need to take care of them. Whether you think it's an emergency, somebody who lives in the village expects their streets to be plowed."

Attorneys Amy Kendall and Alan Knauf, who are representing the Presidential Acres residents in the lawsuits, attended Saturday's meeting and argued against the the village plowing the street, as did David Boyce, one of the residents who is a party in the suit.

Knauf said he's been involved in cases like this before and NYS law, as well as the state Constitution clearly state that government money cannot be expended on maintaining private property, except in an emergency.

"I deal with this all the time," Knauf said. "In law, we have to make judgement calls, but there's no emergency today. What's the emergency? There is none."

It's the owner of the street, not the village taxpayers who should be paying for the street getting plowed in snow storms, Knauf said.

"If I had ice on my driveway and my wife comes down the steps of the back porch and might slip, I don't think that's an emergency situation where I could cal the fire department to come and clear my driveway," Knauf said. "That's my responsibility as a property owner."

Mayor Greg Rogers said the emergency meeting was called because the board failed Wednesday night to come out of executive session and take a public vote on the decision.  

The action was taken, he said, based on the advice of the village attorney to ensure the safety of residents off Filmore is taken into consideration.

Under terms of the resolution instructing DPW to plow the street, workers must maintain an account of the cost of plowing that section of street.

Law and Order: Hunter allegedly found with stolen handgun

By Howard B. Owens

David E. Stone, 63, of Route 237, Le Roy, is charged with criminal possession of a weapon, 2nd. Department of Environmental Conservation officers were investigating a report of a person hunting with a rifle in the area of Morganville Road, Stafford, when they came into contact with Stone. Stone was allegedly in possession of a shotgun, loaded rifle and a loaded .357 caliber revolver. Stone is accused of not possessing a valid pistol permit. It's alleged that the revolver was stolen from a residence in the Town of Le Roy sometime within the past three years. Stone also faces possible DEC charges.

Jame Albert Hancock, 45, of Dellinger Avenue, Batavia, was arrested on a warrant for alleged failure to appear in October on a criminal possession of a controlled substance, 7th, charge. Hancock was held on $1,000 bond.

Kara Ellen Wojkowski, 31, of State Street, Batavia, is charged with harassment, 2nd. Wojkowski was allegedly involved in a fight with another person in her household.

Jessica L. Ford, 23, of Oak Street, is charged with assault, 3rd. Ford allegedly hit another person causing pain and injury. She was jailed on $2,500 bail.

Richard C. Smith, 47, of Ross Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Smith was stopped at 3:21 a.m. Sunday on West Main Street by Officer Peter Flanagan.

Francis George Germuga, 54, of Stringham Drive, Batavia, is charged with DWI, driving with a BAC of .08, improper U-turn, moving from lane unsafely and consumption of alcohol in a motor vehicle.

Notre Dame student wins junior handler competition at national AKC show in Orlando

By Howard B. Owens

Photos and info from Charles Hull:

Lauren Hull, from Le Roy, won the National Junior Handler competition at the American Kennel Club/Eukanuba National Championship (AENC) Dog Show. This event is the highlight of the AKC show year. Participation in the junior handling competition is by invitation. To qualify, junior handlers must have gained 5 wins against competition during the qualifying period, and have a 3.0 average in school. This year's competition had an entry of 126 juniors.

Lauren is an A student at Notre Dame High School in Batavia, and had 10 wins this year. She has been showing dogs since 2007, and this was the 6th year in a row that she has qualified for and attended the AENC. She had to survive 3 rounds of preliminaries to make it to the finals.

Lauren's prizes included a $2,000 scholarship, a pink grooming box (available only to winners of Eukanuba-sponsored events), an engraved silver tray, a jeweled Best Junior pin, and two large rosette ribbons. Her name, and that of her Irish Setter, Kent (RedRidge's Kent Irish Fire), will be engraved on a permanent trophy housed at the AKC library in Raleigh, NC. Lauren also will be representing the United States at the prestigious Crufts Dog Show in England next March.

Car strikes Dollar General in Le Roy

By Howard B. Owens

These are reader submitted photos of a car that struck the Dollar General Store in Le Roy around 10:15 a.m.

Injuries were reportedly minor.

Law and Order: Five recent arrests

By Howard B. Owens

Kenneth Michael Gray, 23, no permanent address, was arrested on a warrant out of Le Roy by Batavia PD. He was jailed on $1,000 bail. No details provided on the underlying charge.

Joseph Antwan Fletcher, 18, of Liberty Street, Batavia, is charged with criminal contempt. Fletcher was allegedly observed by a Batavia police officer in the company of a person protected from contact by Fletcher by a court order.

James P. Colantonio Jr., 26, of South Main Street, Batavia, is charged with DWI and refusal to submit to chemical test. Colantonio was stopped at 2:12 a.m. Sunday on West Main Street, Batavia, by officer Marc Lawrence.

Daniel S. Kilner, 46, of Redfield Parkway, Batavia, was arrested for an alleged violation of probation. Kilner was located at his residence by the Probation Department and transported to BPD headquarters where he was arrested. Kilner was jailed on $5,000 bail.

Gurpreet Singh Malhi, 41, of Charit Way, Rochester, is charged with DWI and driving with a BAC of .18 or greater. Malhi was stopped at 7:20 p.m. Wednesday on Lake Road, Le Roy, by deputy Matthew Fleming.

Accident with injuries reported on North Road, Le Roy

By Howard B. Owens

A two-car accident with injuries is reported on North Road, Le Roy, near the county line.

Le Roy fire and Le Roy ambulance dispatched.

UPDATE 5:59 a.m.: A second ambulance from Caledonia is requested to the scene at 8673 North Road.

UPDATE 6:38 a.m.: North Road being shut down so the vehicles can be moved.

Two-car accident with minor injuries on westbound Thruway, Le Roy responding

By Billie Owens

A two-car accident is reported at mile marker 381.5 on the westbound Thruway. A person is complaining of some neck and head pain. Le Roy fire and ambulance are responding and are told to use caution upon approach because several vehicles are off the roadway in the area. One engine from Stafford is asked to stand by in Le Roy's fire hall.

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