Pavilion

Update on the burglary in Pavilion today: A second person of interest was taken into custody by State Police on Transit Road about 8 p.m. less than two miles from the burglary location.

The man was identified as an individual who had approached two residents on Transit Road looking to use a telephone and asking for directions to Texeco Town.

After residents reported the suspicious behavior. State Police and the Sheriff's Office set up a perimeter around the area and the State Police helicopter was called in to assist in the search.

A trooper who had just joined the search stopped on Transit Road to talk with one of the homeowners and while they were talking, the subject of the search walked toward them and the trooper ordered him onto the ground.

The subject was taken back to the Batavia Barracks for questioning. No word yet confirming whether he was involved with the burglary.

Previously: Quick State Police response thwarts burglary in Pavilion, but suspects slip out before dragnet in place

For nearly five hours today, State Police commanders figured time was on their side after receiving a report that would-be burglars were still inside a residence on Shepard Road in Pavilion.

A neighbor saw an older tan minivan pull into the driveway of the residence and two men got out and appeared to enter the house. The minivan then left.

Trooper John Szymkowiak arrived on scene within minutes of the initial report and a witness told him that the men he'd seen enter the house hadn't left.

Szymkowiak, who was dispatched just before noon, immediately called for backup and requested assistance to establish a perimeter around the house. He also requested an investigator from the Batavia Barracks and a K-9 to the scene.

State Police were assisted by the Livingston County Sheriff's Office and the uniformed and plain clothes members of the Genesee County Sheriff's Office. Deputies also set up road blocks on both ends of Shepard Road for a couple of hours and patrolled the area looking for the minivan.

With all the necessary support in place, State Police commanders took a very deliberate approach to determining whether the suspects were still inside.

"Once we have a perimeter set up, we know nobody is going to leave at that point," said State Police Lt. Kurt Schmidt. "Apparently they got out before we set up, but you can never help that. We set up a quick perimeter, so we're sure at that point that the house is ours. There's only a very few things that would make us want to hurry and none of those were present today."

The first step in the deliberate process of determining whether suspects were inside was to deploy a robot from the Livingston County Sheriff's Office. That robot, equipped with a camera, checked all around the house looking for any evidence of entry or exit.

Next, the robot unit from the State Police arrived on scene. So two robots were deployed. One was equipped with a key to the entry door from the garage. The other was used to drop a steel block in place to hold the door open once it was unlocked.

The robots then entered the house and began a room-by-room check of most of the downstairs.

With the owner watching a television over the shoulder of one of the robot operators, he could see that a TV was missing, drawers and been opened and other items were missing from their proper locations.

At that point, with confirmation that burglars had entered the house, Schmidt said the operation took an even more methodical approach to ensure no suspects were inside.

"We have technology and we're not in any big hurry," Schmidt said. "We have a visual on all sides. We have robots that go inside, so no troopers are in any danger. That takes time and you get kind of tired waiting around, but it's worth it because we don't want to take a risk."

As time dragged on, State Police began to increasingly believe the structure was empty, so members of the other agencies began to peel away and go back in service.

The robots continued to search the house and its operators told to any possible suspects inside that the robot was from the State Police and that K-9s would be sent into the house if they didn't surrender.

A door was closed to one downstairs room and a robot was positioned there, so if suspects were inside they wouldn't be able to open the door.

About this time, a man who had been found wandering down Transit Road was brought to the scene. The Rochester resident couldn't explain why he was in Pavilion, according to police, so he was taken into custody and transported to the Batavia Barracks for questioning.

"The person we're speaking to now stated he was never at this house," Schmidt said. "We believe he was, but we don't have any evidence to say he was, so he's not giving us anything -- as far as anybody else who might have been around."

The person being questioned is black. A witness could describe the skin color of the men who entered the house, but believed they were wearing colorful clothes.

The suspect vehicle is described as an older tan minivan, which was last seen on Transit Road.

After the suspicious person was taken into custody, the State Police helicopter was dispatched to conduct a search of the area.

Once the robots had searched the house a bit, Schmidt said police felt there was little chance the suspects were still inside, but as a matter of continued caution, K-9s on long leashes were sent in first.

It took about 20 minutes for troopers to clear the house and confirm the suspects were no longer inside.

It appeared that most, if not all, of the homeowner's belongings that the burglars intended to steal were stacked by the front door, waiting for the minivan to return for loading, but Szymkowiak had arrived on scene before that could happen.

Schmidt said troopers take crimes such as this seriously and do everything they can to bring the culprits to justice.

"For burglary in progress, I don't know the term, I guess, it's a hot call," Schmidt said. "That's somebody's home and it's broad daylight. None of the residents were at home, but it's a sensitive issue. Your home is your castle and somebody is entering that right during broad daylight so that gets our attention. We hope we can catch them. We hope to catch them today."

At 7:15 p.m., the helicopter was still searching the area and troopers and investigators were still on scene.

UPDATE 8:06 p.m.: A suspect law enforcement was looking for is now in custody. They had been looking in the area of Sparks, Shepard and Transit roads. They learned that a Hispanic male went to a couple of residences and asked to use the phone. One of the residents tried to keep the suspect in sight. The man asked for directions to Texaco Town.

Shortly before noon today residents on Shepard Road in Pavilion saw a light-colored minivan pull up to a neigbor's house. Witnesses said two men got out of the vehicle and knocked on the front door, then went around to the back of the house and the van drove away.

The neighbors called law enforcement and when State Troopers arrived, witnesses told them that they believed the two men entered the house and might still be inside. State Police and Sheriff's deputies from Genesee and Livingston counties responded to the scene.

A robot was deployed to check the interior of the house and with the help of the homeowner, intestigators determined someone had been in the house and items were missing.

A man from Rochester was located about an hour ago walking on Transit Road and is now in custody. It's unconfirmed whether he's connected to the case. A State Police helicopter has been deployed to search the area. State Police are still on scene.

A couple of minutes ago, Mercy medics were called non-emergency to stage in the area of Transit and Shepard roads to possibly assist the police.

(Howard is there and will have more complete coverage later.)

UPDATE 4:32 p.m.: The State Police entered the house found no one inside, thus clearing the scene. It appears the burglars were thwarted in their crime, leaving items taken from the house piled by the front door.

Jeremy K. Hogeboom, 38, of South Pearl Street Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, 7th, speed not reasonable nor prudent, failure to keep right and unlawful possession of marijuana. Hogeboom was stopped at 12:06 a.m. Friday on Phelps Road, Pembroke, by Deputy James Diehl.

Tyler J. Aina, 21, of 13929 Waterport Circle Road, Albion, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, driving left of pavement marketings and failure to stop at stop sign. Aina was stopped by Officer Darryle Streeter at 1:09 a.m. June 15 on Oak Street.

Derrick R. Kio, 22, of 5471 Hudson Road, Pavilion, is charged with disobeying mandate. Kio is accused of violating an order of protection by calling the protected person.

Keith B. Besaw, 42, of 61 1/2 North Lyon St., Batavia, is charged with operating a motor vehicle without an inspection certificate. Besaw was taken into custody by Batavia PD on an arrest warrant issued in City Court.

Brad C. Doward, 23, of 10 Hall St., Batavia, is charged with aggravated harassment, 2nd, and harassment, 2nd. Doward was allegedly involved in a domestic incident.

A 17-year-old resident of Swamp Road, Byron, is charged with petit larceny. The youth is accused of shoplifting $39.72 in merchandise from Walmart.

Debra M. Davis, 53, and Samantha B. Steiner, 22, both of 620 Yacht Club Drive, Machias, are charged with petit larceny. Davis and Steiner were arrested by State Police in connection with an alleged incident reported in the Town of Alabama in October. No further details released.

Pavilion Fire Department and medics are responding to an accident in Wyoming County at Route 63 and Boyd Road. The southbound lane is closed and the accident is blocking traffic. The driver is complaining of back pain and two infants will need to be evaluated.

UPDATE 2:28 p.m.: The road is reopened and the Pavilion assignment is back in service.

Route 63 is closed in both directions near the county line in Pavilion for a motor-vehicle accident.

A person may have a neck injury.

Pavilion Fire Department and Mercy EMS is on scene.

UPDATE 7:50 a.m.: One person transported to a hospital, another was a sign-off. Pavilion back in service.

A garage fire was reported in Pavilion overnight at 6638 Ellicott Street Road.

Pavilion Fire Department along with Bethany, Stafford and Le Roy responded to the 1:50 a.m. alarm.

The garage was destroyed, causing an estimated $20,000 in damage.

The cause of the fire has not been determined.

The property is owned by Jason A. Howland.

Photos provided by Joel Murcin.

It smarted, Esther Leadley, when she didn't get the GOP's endorsement for the District 6 seat on the Genesee County Legislature.

The incumbent legislator vowed not to run a primary against the endorsed candidate, Greg Torrey, but that doesn't mean she will give up her seat without a fight.

Leadley announced today that she is running in November's general election.

"I am challenging the endorsed candidate for the District 6 seat on the Genesee County Legislature," Leadley said. "District 6 consists of the towns of Alexander (which includes the Village of Alexander), Bethany and Pavilion. I believe my experience on the Legislature and knowledge of the district and county are of considerable value to District 6 and all residents of the county."

It's been a challenge, Leadley said, to learn the ins-and-outs of running as an independent candidate.

"It smarted when I wasn't endorsed but I never lost my footing and my integrity is intact," Leadley said. "It took several weeks to decide what to do with what had been handed to me.  The outcome of this challenge will be decided at the polls in November."

Leadley also said running primary elections add to county expense and so it's better to run in the general election if she wants to retain her seat.

The new voting machines create an enormous cost because they have to be moved from and back to the controlled storage space," Leadley said. "Staffing at the polls and paper ballots add to the costs. District 6 taxpayers should not have to pay for a political disagreement. The County Board of Elections also sustains large expenses for a primary. Indirectly, those costs come out of taxpayers' pockets at the County level as well. In effect, District 6 taxpayers would pay twice for a primary. I would be irresponsible if I were to force a primary."

A two-car accident with injuries is reported at Route 19 and Cato Street in Pavilion. Pavilion Fire Department and Mercy medics are responding.

UPDATE 3:14 p.m.: One vehicle is blocking the roadway.

UPDATE 3:36 p.m.: One person was a sign-off; another was transported to Strong Memorial Hospital. The Pavilion assignment is back in service.

Lamar Iteef Randall, 27, of East Main Street, Batavia, is charged with criminal possession of a controlled substance, criminal impersonation, aggravated unlicensed operation and speeding (71 in a 55 mph zone). Randall was stopped for allegedly speeding at 5:50 p.m., Wednesday, on Clinton Street Road, Stafford, by Deputy Joseph Corona.

Paul W. Zambito, 64, of Kendall Road, Pavilion, is charged with forged inspection. Zambito was stopped by a Wyoming County Sheriff's deputy in the Town of Covington for an alleged expired vehicle inspection and no front plate. His vehicle inspection was allegedly found to be forged.

Cassi Ann Schutt, 26, of West Crest Drive, Rochester, is charged with petit larceny and trespass. Schutt was allegedly observed by security at Walmart shoplifting $270 in merchandise. Schutt was charged with trespass because she has been allegedly banned from all Walmart stores because of a prior shoplifting accusation.

Terry Ann Fulmer, 60, of Jackson Street, Batavia, is charged with petit larceny. Fulmer is accused of stealing $32.03 in merchandise from Kmart.

Daniel P. Ingraham, 44, of 12 Fawn Ridge Road, Henrietta, is charged with obstructing governmental administration, 2nd, and open container. After Batavia PD was dispatched to Austin Park to investigate a report of an intoxicated male, Ingraham was allegedly observed driving a 1990 red Chevrolet Blazer through the back parking lot of the police station. Ingraham parked and got out of the vehicle. Officers reportedly attempted to escort Ingraham into the police building for further investigation when he allegedly fled, running through Austin Park. He was apprehended on Porter Avenue. Ingraham was ordered held without bail pending his next court appearance.

A rollover accident has been reported in the area of 11327 Lake St., Pavilion.

The location is just before the livestock market.

A medic is on scene and reports the car is on its wheels and there are no injuries.

A utility pole was taken out.

Pavilion fire is dispatched.

UPDATE 9 a.m.: Ambulance response cancelled.

UPDATE 9:34 a.m.: Pavilion back in service.

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Bryan McWayne Hargrave, 26, of Morrow Road, Pavilion, is charged with criminal possession of stolen property, 3rd. Hargrave was reportedly found in possession of a vehicle and tools that had been reported stolen in Le Roy on Saturday. Hargrave was jailed on $20,000 bail.

Woodrow Clarence Horseman, 37, of State Street, Batavia, is charged with petit larceny. Horseman was allegedly caught shoplifting at Kmart.

Beth M. Overacker, 34, of North Chili, is charged with operating a motor vehicle while impaired by drugs, aggravated DWI (child in car), endangering the welfare of a child, controlled substance not in original container and criminal possession of a controlled substance, 7th. Overacker was stopped at 11:53 a.m., Saturday, on R. Stephen Hawley Drive, Batavia, by State Police. Overacker was held on bail. No further details released.

Jason W. Lebar, 27, of Stafford, is charged with illegal discharge of a firearm and criminal possession of a weapon, 4th (prior criminal conviction). Lebar was arrested by State Police in connection with an alleged incident reported at 7:08 p.m., Saturday. No further details released.

Fire photographer Jay Lynch was the first person on the scene last night of the house fire on Hutchinson Street, Pavilion. He provided these pictures of the early stages of the fire.

For more of Jay's fire photography, visit his Web site.

Previously: Quick response by volunteers at Pavilion fire saves a woman's life, her home and her pets

Quick work by volunteer firefighters responding to an initially vague report of a fire in Pavilion helped save a woman's life, save her two dogs and save most of her house, even though flames were shooting 25 feet in the air when firefighters first arrived.

Dispatchers initially received a call of flames or a red glow in the area of Route 19 at 11:36 p.m.

The alarm was sounded for the Pavilion Fire Department and volunteers roused from their beds started heading toward the fire hall, said Chief Paul Dougherty.

"The initial report put the fire at or near one of our member's homes, so he was able to tell us immediately it wasn't there," Dougherty said. "On his way to the station he saw where it was coming from and he was able to direct us to the location."

The fire was at 6918 Hutchinson St., a three-store Victorian built in 1860 and owned by Celia Milroy.

Milroy was home alone, sleeping, at the time the fire started. It started, apparently, her back porch.

Dougherty and another firefighter were first on scene and were advised by a Time Warner employee who was on his way to work that there might still be a person in the house.

The firefighters forced their way into the residence and broke through a glass window on the door and yelled to rouse Milroy.

She was initially skeptical that her house was on fire and wasn't in a particular hurry to leave, Dougherty said.

"It wasn't that she was scared," Dougherty said. "She was just taking her time. 'Let me get my shoes on.' 'Lady we don't have time for that.' We asked her if he had a key to the door because we'd knocked the glass out to yell into her, and we said, 'Lady, come on, do you have the key to this door? Can you open this door for us?" 'Just a minute. Just a minute.'" Dougherty chuckles recalling the conversation. "'We're in a bit of a hurry here, ma'am.' "

When she got out on the side porch and saw the flames, Dougherty said, that's when she was convinced her house was on fire.

Using Pavilion's foam truck and mutual aid from Le Roy, Bethany, York and Wyoming, firefighters were able to act quickly and save the house.

The enclosed back porch was heavily damaged, but most of the worse damage to the back half of the house is from smoke and water, Dougherty said. The front half of the house wasn't damaged at all.

Interior firefighters knocked the fire back pretty quickly, but with older homes and what is known as "balloon construction" the biggest danger is unseen flames climbing up the outside walls and into the attic.

"The quicker we could get in attic and make sure it wasn't traveling up there, the better," Dougherty said.

The roof was vented, which drew the flames up through the hole, giving firefighters an opportunity to effectively fight it before it advanced toward the front of the house.

"It was a good save," Dougherty said.

Also saved were two little dogs. The first was found quickly by firefighters and returned to Milroy safely, but the second one couldn't be located.

About 30 minutes into the fire fight, the small dog came charging out the back door, running over smoldering, hot timber, and was scooped up by a neighbor and given to a Pavilion firefighter, who carried the little guy to Mrs. Milroy, sitting with a neighbor across the street.

At least two firefighters were taken to UMMC for medical treatment, including one with heat exhaustion.

Interior firefighters told us it was pretty darn hot in the house on a hot night and several firefighters looked pretty beat when they first came out of the structure.

Also assisting at the scene were Le Roy Ambulance, City of Batavia's Fast Team, the Pavilion Auxiliary and the Sheriff's Office.

The cause of the fire has not yet been determined and Dougherty said it was too early to even take a guess at it.

UPDATE 9 a.m.: The cause of the fire has been determined to be "misuse of electrical equipment," according to a Sheriff's Office press release. Also, we didn't have a complete list of responding fire companies earlier. Also responding to the scene, Stafford and Perry. Bergen filled in at Le Roy's hall.

To purchase prints of photos, click here.

A working structure fire is reported on Hutchinson Street in Pavilion. Stafford, Bethany and Le Roy fire departments, along with York, are responding with Pavilion. Bergen is asked to fill in at the Le Roy Fire Hall. They are on the second floor at this point checking for extentions.

UPDATE 12:15 a.m.: The fire is pretty well knocked down. The exact address is 6918 Hutchinson St. Two Rochester & Southern trains scheduled to run by soon are asked to slow it down. National Grid is called to the scene along with Salvation Army, the latter to provide refreshments.

UPDATE 12:19 a.m.: Interior crew reports no sign of fire extension on second floor, "must be in the attic." They are opening up the roof to vent the structure. "We can find no way into the attic from the second floor." Command reminds tankers not to park on the railroad.

UPDATE 12:22 a.m.: The city's Fast Team is requested to the scene.

UPDATE 12:24 a.m.: No response from Salvation Army, calling the Pavilion Auxiliary instead. "We're exiting the building. There's nothing we can do up here," says the fire chief regarding the interior crew.

UPDATE 12:28 a.m.: They cut a hole in the ceiling and reported seeing nothing, but a thermal camera shows fire and heat "in the eaves in the eastside." Subsequenty, fire "self-venting through the roof." Interior crews are exiting the house. "There's nothing we can do up here." Initially, flames were seen shooting out the back of the three-story house.

UPDATE 12:33 a.m.: A Mercy rig was called in by fire command for a firefighter, unknown injuries, now a second rig is called for a second patient, told to go Route 19 to Route 63, past the Pavilion Bank.

UPDATE 12:36 a.m.: All crew members are accounted for and out of the structure. They are trying to cool the attic in order to get a crew back up in there.

UPDATE 12:39 a.m.: The American Red Cross will likely be needed to respond, says the chief. Howard, at the scene, reports a small terrier-type of dog came running out of the house and was scooped up by a firefighter and handed over to its owner.

UPDATE 12:46 a.m.: The train company is contacted and asked to stop the trains scheduled to pass through on Hutchinson Street.

UPDATE 1:03 a.m.: The power company is there now and has shut off power to the house.

UPDATE 3:44 a.m.: Pavilion leaving the scene, all units back in service.

David E. Muffley, 63, of Druck Valley Road, York, Pa., is charged with DWI and driving with a BAC of .08 or greater. Muffley was reportedly involved in an accident at 6:20 p.m., Thursday, at the intersection of Route 63 and Route 20. Muffley was allegedly operating a loaded tractor-trailer while intoxicated and attempted to turn right onto Route 63 and struck a vehicle stopped on Route 63. The accident was investigated by Deputy Cory Mower.

Clifford Leo Regimbal, 34, of Granite Street, Webster, Mass., is charged with criminal possession of stolen property with a value of more than $3,000. Regimbal was arrested in Webster, Ma., on unrelated charges and held as an alleged fugitive from justice on the Genesee County charge. He was returned to New York and jailed on $20,000 bail. Regimbal also has warrants issued by the courts in Corfu, Alexander and Rochester.

Francis E. Ikokide, 42, of 3330 Weston Road, Apt. 316, Toronto, Ontario, Canada, is charged with aggravated unlicensed operation, 3rd. Ikokide was stopped at 6:22 a.m. on Oak Street by Officer Felicia DeGroot for alleged defective brake light. Ikokide was allegedly found to have a suspended license. Ikokide posted $100 police bail and was released.

Nicholas Christian Doell, 22, of Lippold Road, Darien, is charged with criminal possession of a controlled substance, 7th, and possession of a controlled substance not in original container. Doell was allegedly found by his probation officer in possession of controlled substances concealed in a cigarette pack at 5 p.m., Friday. He was jailed on $500 bail. (Doell was allegedly involved in a high-speed chase with deputies and tasered Saturday night.)

Amanda Rose McDonald, 31, of Cherry Street, Batavia, is charged with petit larceny. McDonald is accused of shoplifting from Walmart.

Terry Lynne Butler, 54, of Genesee Street, Le Roy, is charged with driving while ability impaired by drugs, recless driving, moving from lane unsafely and improper signal. Butler was allegedly observed driving at 11:54 p.m., Friday, on Lewiston Road when her vehicle nearly collided with oncoming traffic. She was arrested by Deputy John Weis.

Dylan Jacob Keem, 19, of Folsomdale Road, Cowlesville, is charged with unlawful possession of marijuana. Keem was allegedly found in possession of marijuana concealed in a vehicle during an investigation on Route 77, Darien, by Deputy Patrick Reeves. Also arrested was Benjamin Edward Burek, 19, of Burrough Road, Cowlesville. Burek was charged with unlawful possession of marijuana and consumption of alcohol under 21 years of age.

Terry Robert Konfederath, 51, of Meadowbrook Terrace, Corfu, is charged with DWI, driving with a BAC of .01 or greater, failure to keep right and moving from lane unsafely. Konfederath was stopped at 12:47 a.m., Saturday, on Genesee Street, Pembroke, by Deputy Joseph Corona.

Daniel Lynn Diguardi, 31, of Upper Holley Road, Holley, is charged with falsifying business records, 2nd. Diguardi is accused of claiming ownership of property owned by Rent-a-Center that he allegedly pawned at Pawn King. Diguardi turned himself in on an arrest warrant to Deputy John Baiocco.

Benjamin Gove Evans, 24, of Maple Street, Batavia, was taken into custody on arrest warrants for alleged failure to pay fine on an attempted petit larceny charge. Evans appeared before Justice Tom Williams and promised to return the next day and make a fine payment and to make his payments every week until paid off.

Mary Jean Daniel, 26, of Morrow Road, Pavilion, is charged with petit larceny. Daniel allegedly stole an unassembled TV stand from Kmart.

Derrick R. Kio, 22, of Wyoming, is charged with criminal mischief (preventing emergency call), harassment, 2nd, and endangering the welfare of a child. Kio was arrested by State Police for an alleged incident reported at 10:24 a.m., Saturday, in the Town of Pavilion. No further details were released.

A car and tractor-trailer accident is reported at routes 63 and 20, Texaco Town. The driver of the semi reportedly suffered "seizure-like activity" but is now "up and walking." The accident is blocking traffic. Pavilion Fire Department is responding for traffic control, along with Mercy medics. Law enforcement is on scene. The driver of the car is OK.

UPDATE 6:53 p.m.: The semi is a "heavy wrecker" partially in the ditch. It can probably be driven away once it's pulled out of the ditch, but the current driver will not likely be able to do that. The turning lane is blocked and traffic is backing up.

UPDATE 7:22 p.m.: Pavilion assignment is back in service.

UPDATE 8:27 p.m.: The roads are reopened.

A one-vehicle rollover accident with injuries is reported at 5491 Broadway Road. Bethany Fire Department and Mercy medics are responding. The driver has "head and neck pain." The pickup truck's fuel spilled. One lane of traffic is blocked. The accident occurred "on the east side of the hill," near a "dip in the road where the viaduct is." Pavilion Fire Police are also called. A responder says it may be possible to have the other lane remain open.

UPDATE 8:16 a.m.: The vehicle involved is a four-wheel drive Ford F-250 with ag plates.

UPDATE 8:25 a.m.: They are alternating the traffic flow. A flatbed tow is called.

UPDATE 8:52 a.m.: Bethany assignment back in service.

A car accident is reported at Route 20 and Linwood Road. An 81-year-old female is said to have a minor head injury and arm pain. State Police are on scene and Mercy medics and Pavilion Fire Department are responding.