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Pavilion

Law and Order: The weekend's arrests

By Howard B. Owens

Melissa A. Williams, 43, of Le Roy, is charged with petit larceny. Williams is accused of shoplifting at Tops in Le Roy.

Jerry Lee Eleczko, 25, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operator, failure to keep right and driving without insurance. Eleczko was stopped at 1:15 a.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Karl Edward Vattes, 39, of Habgood Road, Black Creek, is charged with criminal possession of a controlled substance, 7th, and promoting prison contraband. Vattes was allegedly found in possession of suboxone while incarcerated at the Genesee County Jail.

Richard Blaine Nichols IV, 19, of Townline Road, North Tonawanda, is charged with petit larceny and trespass. Nichols is accused of stealing scrap metal from Batavia Driving Academy property.

Donald Eugene Campbell, 55, of Church Street, Dansville, is charged with petit larceny. Campbell is accused of stealing $24.98 in merchandise from Kmart.

Patrick John Coffey, 48, of Beck Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in no passing zone, uninspected motor vehicle and insufficient tail lights. Coffey was stopped at 1:38 a.m. Saturday on Chick Road, Darien, by Deputy Jason Saile.

Justin Virgil Easterbrook, 31, of Gray Road, Albion, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Easterbrook was stopped at 4:23 a.m. Saturday on Fisher Road, Oakfield, by Deputy Joseph Corona.

Douglas G. Goodwin Jr., 22, of 130 Bank St., Batavia, is charged with reckless endangerment, 2nd. Goodwin is accused of pushing a woman out of a moving vehicle during an argument over property. The woman suffered an injury.

Patricia A. Dulmage, 19, of 20 1/2 Dellinger Ave., Batavia, is charged with petit larceny. Dulmage is accused of shoplifting at Dollar Tree.

Gerald E. Nicholson, 46, of 128 1/2 State St., Batavia, is charged with criminal obstruction of breathing/blood circulation. Nicholson was arrested following an alleged domestic incident. He was jailed on $5,000 bail or $10,000 bond.

Joseph G. Sumeriski, 21, of Warsaw, and Justin M. Johnson, 23, no permenant address, are charged with petit larceny. Sumeriski and Johnson were arrested by State Police for an alleged crime reported at 7:07 p.m. Aug. 22 in the Town of Pavilion. No further details released.

Motorcycle wreck on Telephone Road, Pavilion

By Billie Owens

A motorcyclist has had an accident, unknown circumstances, and is face down in the roadway unable to speak at 7712 Telephone Road in Pavilion. A Mercy Flight helicopter out of Buffalo is en route. Mercy medics and Pavilion Fire Department are responding.

UPDATE 5:53 p.m.: A Sheriff's deputy on scene reports the patient is conscious and alert but does not remember how the accident occurred. The location is just east of South Street Road on Route 20.

UPDATE 5:56 p.m.: They are going to shut down traffic on Route 20, westbound at Asbury Road, and eastbound at South Street Road. The helicopter has about a 10-minute ETA.

UPDATE 6:12 p.m.: Mercy Flight has landed on Route 20.

UPDATE 6:33 p.m.: Pavilion is back in service, except for command.

UPDATE 6:41 p.m.: The rider is described as a male about 30 years of age.

UPDATE 6:49 p.m.: All responders are back in service. The road is reopened. Did not hear the hospital destination of Mercy Flight.

UPDATE 6:57 p.m.: A deputy is asked to return to the scene to dispatch a deer, which the motorcyclist is said to have struck, causing the accident. The deer apparently left the scene and has just now been spotted.

Three photos from another beautiful day in Genesee County

By Howard B. Owens

While I was out and about on this beautiful day, I did take a few pictures.

Above, Sweetland Road, Stafford.

A tree full of fall color on Bernd Road, Pavilion.

What was once a barn on Junction Road, Pavilion.

Pavilion students earned academic honors at Decker School of Nursing

By Billie Owens

Elizabeth R. Valento, of Pavilion, received academic honors from the Decker School of Nursing at Binghamton University by making the University's Dean's List for the Spring 2013 semester.

Binghamton University is one of the four university centers of the State University of New York. Known for the excellence of its students, faculty, staff and programs, Binghamton enrolls close to 15,000 students in programs leading to bachelor's, master's and doctoral degrees. Its curriculum, founded in the liberal arts, has expanded to include selected professional and graduate programs.

Soccer: Geneseo comes out on top in match of unbeaten teams in Pavilion

By Howard B. Owens

For the first 74 minutes of play Thursday in Pavilion, two teams on the pitch with 3-0 records kept the score knotted at 0-0 and it was starting to seem like a tie was a predictable outcome.

Then Geneseo's Elliott Cannon scooted a ball past senior goalie Collin Sheflin. Another goal two minutes later by Mo Carlon, with only four minutes on the clock, seemed to seal the fate of the Golden Gophers.

"Genesee has been building a great program for years," said Pavilion Head Coach Matt Roth. "They seem to graduate players with another junior right behind who is good. We're working on doing the same thing here, but it takes time. We worked hard tonight. The better team, probably, ended up winning, but they didn't out work us."

Coming into the game, Pavilion had given up only one goal in its first three games. That was in a 2-1 win over Mount Morris. Pavilion has beat Pembroke 6-0 and Avon 3-0.

"Jake Defisher, Heyden Ewell and Stephen Pike work hard on defense," Roth said. "We've only given up three goals and two of them were tonight, so when you have that kind of defense, you're going to be in most games."

Riley Vallance has been working hard, too, Roth said. He's played every position this season and on defense against Pavilion he played a big role in keeping the game close.

Dakota Kegler, a midfielder, has also been working hard this season, he said.

Pavilion is now 3-1-1 on the season and Roth is expecting a good run for the team come time for sectional play.

"Our goal is to build, to be playing our best soccer in October," Roth said. "Right now, we're not where we want to be, but if we get there in mid-October when sectionals come, we're going to be a dangerous team in sectional play."

Pavilion's next game is at home, tomorrow, 1 p.m., against York.

Pavilion's goalie grabbing a shot in the first period.

To purchase prints of photos, click here.

Working barn fire reported on Roanoke Road, Stafford

By Billie Owens

A working barn fire is reported 9418 Roanoke Road, Stafford. There is heavy black smoke visible. Stafford Fire Department is responding, along with mutual aid from Bethany, Le Roy, Pavilion and Town of Batavia. The latter is to stand by in Stafford's hall.

UPDATE 7:28 p.m.: A secondary explosion is reported and there is livestock involved.

UPDATE 7:31 p.m.: A firefighter in the area says the barn "looks like it's fully involved."

UPDATE 7:33 p.m.: Command asks that National Grid be contacted.

UPDATE 7:42 p.m.: Stafford commands says all responding tankers can go back in service. The equipment on scene with suffice.

UPDATE 7:44 p.m.: South Byron is asked to stand by in Stafford's fire hall instead of Town of Batavia.

UPDATE 7:46 p.m.: An engine out of Caledonia is asked to stand by in Le Roy's fire hall.

UPDATE 8:03 p.m.: Bethany is back in service.

UPDATE 8:23 p.m.: Howard interviewed property owner Terry Smart at the scene and the man said he lost four pigs, 16 chickens and two dogs in the blaze. He said he had just completed work on his new pig pen today and doesn't know how the fire started. Three years ago, in the same location, his house burned down.

UPDATE 9:13 p.m. (by Howard): Photo at the top by Doug Yeomans. Doug also sent over video that I'll post as soon as it's uploaded to YouTube. We also have our own photos coming.

UPDATE: Video by Doug Yeomans. Copyright by Doug Yoemans. Used with permission.

UPDATE 9:24 p.m.: Le Roy fire back in service.

UPDATE 10:34 p.m.: Stafford units back in service.

Law and Order: Batavia man accused of walking in middle of road in Wyoming County

By Howard B. Owens

Gregory S. Snyder, 45, of West Main Street, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. The Wyoming County Sheriff's Office received two separate complaints of a man walking in the middle of the roadway on Route 98, Town of Attica. About 90 minutes later, there was a complaint of a man walking in the middle of the roadway on Route 98 in the Town of Bennington. Synder was reportedly located by deputies walking on Route 98. Snyder was charged with disorderly conduct and obstructing the flow of traffic. Upon his arrest he was allegedly found in possession of marijuana. Snyder was reportedly transported to the Village of Attica and released to a sober third party.

Charles Howard Sims, 43, of McIntyre Road, Caledonia, is charged with criminal obstruction of breathing and two counts of criminal mischief. Sims allegedly choked a woman during a domestic incident. He also allegedly ripped her shirt and also damaged a door. Sims was jailed on $250 bail.

Jacob Duane Defisher, 17, Roanoke Road, Pavilion, is charged with harassment, 2nd. Defisher allegedly pushed another person and then punched that person causing the person's lip to bleed and swell.

Louis Michael Biro, 52, of East Shelby Road, Oakfield, is charged with DWI, refusal to take breath test, failure to stop for stop sign, speeding (unreasonable speed, special hazards), unapproved/no face shield on motorcycle. Biro was allegedly driving at the time when a one-vehicle accident occurred involving a motorcycle at 10:12 p.m. Sept. 9 on Bloomingdale Road, Alabama. The accident was investigated by Deputy James Diehl.

Law and Order: Grand Island man accused of causing disturbance at local hotel

By Howard B. Owens

James Alvin Daigler, 58, of Stanley Road, Grand Island, is charged with resisting arrest, trespass and disorderly conduct. Daigler is accused of causing a disturbance at the Clarion Hotel, 8250 Park Road, Batavia, at 1:20 a.m., Sunday. He allegedly refused to leave after being ordered to leave and used obscene and offensive language while in public. Daigler was jailed on $500 bail.

Ted E. Kingsley, 40, of 117 State St., upper, Batavia, was arrested on a bench warrant. Kingsley allegedly failed to appear on a petit larceny charge related to a theft of beer from Tops. Kingsley was jailed on $1,000 bail.

James A. Chase, 33, no permanent address, is charged with criminal contempt, 2nd, and harassment, 2nd. Chase is accused of violating a no-offensive-conduct order of protection by shoving and spitting on the protected person. Chase was jailed on $2,500 bail.

Reinaldo Roman, 41, of 130 W. Main St., Batavia, is charged with harassment, 2nd. Roman is accused of repeatedly threatening to kill another person while in the presence of police. Roman was jailed on $100,000 bail or $200,000 bond.

Shane Zimblis, 42, of 24 Hutchins St., upper, Batavia, is charged with trespass. Zimblis is accused of trespassing on a property on Hutchins Street.

Jamie M. Hamill, 36, of 209 W. Park St., Albion, is charged with criminal trespass. Hamill was allegedly ordered to leave a residence several times and refused to leave.

David N. Taplin, 36, of 54 Newport Drive, Brockport, was arrested on a bench warrant. Taplin allegedly failed to show up at the jail for an imposed weekend sentence. Taplin was jailed on $1,000 bail.

Terry T. Saddler Jr., 37, of 112 State St., lower, Batavia, is charged with unlawful possession of marijuana. Saddler was picked up on a warrant out of Brockport by Batavia PD and allegedly found in possession of marijuana.

Brandy Lee Stalica, 38, of Route 63, Pavilion, is charged with harassment, 2nd. Stalica allegedly subjected another woman to physical contact during a custody exchange. The alleged incident was reported at 8:31 p.m., Friday, at a location on East Bethany -- Le Roy Road.

Jennifer Joan Wolcott, 43, of East Bethany -- Le Roy Road, Stafford, is charged with harassment, 2nd. Wolcott allegedly had physical contact with another person during an argument. The alleged incident was reported at 8:31 p.m., Friday, at a location on East Bethany -- Le Roy Road.

Eric Jon Merritt, 24, of Rose Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, reckless driving, failure to stop at stop sign, failure to signal, failure to yield to emergency vehicle and failure to keep right. Merritt was stopped at 4:06 p.m. Saturday on Main Street Road, Batavia, by Deputy Joseph Corona.

Deborah Ann Scholonski, 43, of Keeney Road, Le Roy, is charged with harassment, 2nd. Scholonski allegedly sent a text message to a neighbor she had been told not to contact.

Marilyn Lois Weinert, 61, of Route 237, South Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to dim headlights and failure to keep right. Weinert was stopped at 2:06 a.m. Saturday on Byron Holley Road, South Byron, by Deputy Joseph Corona.

Thomas Patrick Lester, 45, of Lake Road, Brockport, is charged with felony DWI, felony driving with a BAC of .18 or greater, driving left of pavement markings and failure to keep right. Lester was stopped at 4:12 p.m. Thursday by Sgt. Ron Meides.

Timothy M. Fingland, 24, of Rochester, is charged with aggravated unlicensed operation. Fingland was stopped on Route 63, Batavia, at 8;59 p.m. Friday by State Police.

Tammy L. Long, 40, of Cheektowaga, and Paul J. Dipalma, 49, of Cheektowaga, are both charged with grand larceny, 3rd. Long and Dipalma were arrested by State Police in connnection with an alleged crime reported in the Town of Batavia on Jan. 17. Both were jailed on $5,000 bail each. No further details released.

Semi-trucks to be rerouted on Route 20 at 63 and 77

By Billie Owens

Not clear as to why, but all semi-trucks are to be rerouted at Texaco Town. Pavilion fire is to shut down big rig traffic at routes 63 and westbound 20. Darien is to do the same at routes eastbound 20 and 77.

UPDATE 5:41 p.m.: The road is reopened. The big rigs were briedly rerouted because of the accident on Route 20 (Broadway Road) in Alexander.

Vehicle strikes guard rail on Route 63, injuries reported, Bethany responding

By Billie Owens

A vehicle has struck a guard rail and injuries are reported at 6104 Route 63, north of Transit Road. The vehicle is blocking the roadway. Bethany Fire Department and Ambulance Service are responding. The road is being shut down. After this accident, a tractor-trailer reportedly hit something, like a pole, in the area. Town of Batavia Fire Police are asked to close southbound Route 63 at East Road. Pavilion Fire Police are asked to shut down northbound Route 63 traffic at Texaco Town.

UPDATE 9:02 p.m.: Responders are back in service. Roads reopened. No word on status of victims(s).

Fire companies from four counties converge on Pavilion to practice pumping lots and lots of water

By Howard B. Owens

A total of 22 fire companies from four counties arrived in Pavilion at 6 a.m. to start a morning-long drill to test, learn and practice in case of a fire that requires a substantial amount of water.

The goal was to pump 5,000 gallons of water. The exercise was also a chance for the departments to work together across communication networks and to test the reverse 9-1-1 system in the area.

The location was the Griffith Oil Company storage terminal on Pearl Creek in the Town of Covington, which is in the Pavilion Fire District.

"This is a drill to move a large volume of water in a rural area," said Pavilion Chief Paul Dougherty. "Even in our downtown area here, we have a limited number of hydrants. Originally the drill was going to be at our high school because that's one of the biggest concerns in town, but in the process of planning there was that event in Mumford at their propane facility, so we decided to take the lessons learned there, good and bad, and do the same thing here."

If there was a fire at Griffith, it would take a large volume of water to keep the propane tanks cool until firefighters could get a handle on the event and Griffith workers could manage the situation.

Griffith participated in the drill, even working through its own internal notification protocols.

Daniel Stowell had the following statement from Griffith:

Griffith Energy is pleased to participate in this morning's drill. The safety of our customers, employees and communities we service is our absolute top priority. We happily partner with local officials and first responders in support of their efforts to prepare, train and learn. WE are delighted to be here today to show our support of the fire companies involved in this collaborative effort and thank everyone for their time and dedication.

Dougherty thanked all the volunteers for coming out on their Sunday morning.

In  addition to Pavilion, other participants this morning were:

Le Roy, Caledonia, Alexander, Bergen, Bethany, Stafford, York, Perry, Perry Center, Town of Batavia, Byron, South Byron, Darien, Cuylerville, Mumford, Attica, Castile, Gainesville, North Java, Silver Springs, Brockport, Wyoming, Warsaw, Geneseo, Genesee County Office of Emergency Services, Wyoming County Office of Emergency Services, dispatch centers in Genesee, Wyoming, Livingston and Monroe counties, Wyoming County Sheriffs Office, Rochester Southern Railroad, Pavilion Central School (provided buses for mass transportation), SUNY Geneseo (housekeeping) and Mercy Ambulance.

To find out how to become a volunteer firefighter, visit ReadyGenesee.com.

To purchase prints of photos, click here.

Man fined in Pavilion for storing unregistered vehicles accused of similar activity in Alden

By Howard B. Owens

Steven Weber, recently fined $4,500 in Pavilion Town Court for violating property maintenance codes, is also making people in the Town of Alden unhappy over storage of broken down cars on a piece of property there, according to Christopher E. Gust, president of the Alden Chamber of Commerce.

Gust said Weber owns property at the corner of Route 20 and Alaura Drive that has been used to store unregistered, uninspected vehicles for a long time.

In Alden, apparently, rather than enforce the property code through the courts, the Town of Alden Board can vote to levy judgements against alleged violators.

The Alden board voted to file a judgement against Weber for $42,500 on Aug. 19, according to a board resolution sent to The Batavian by Gust.

"The officers of the Alden Chamber of Commerce, which Mr. Weber is a member of, the Alden Town Board, the Alden Economic Development Committee and nearby residents are all very concerned about this situation and the negative visual impact Mr. Weber’s property has along the Town of Alden’s main east-west route," Gust said.

As of today, he said, Weber has yet to remove vehicles from the property. In fact, he said, over the past month Weber seems to have added even more vehicles to the lot.

Weber removed the vehicles from his property at 11076 Lake Road and from his parent's property at 11256 Perry Road.

Jacob Weber, Steven's father, was fined $22,000 for the vehicles stored on his property.

What is a Christian? An example to follow!

By Tracy Byrnes

I am a Christian was the title of a recent sermon I heard that got my attention. What exactly is a Christian? A Christian is a person who believes with their heart that Jesus Christ died on the cross for their sins. It is a person who confesses their sin to God in prayer and asks for His forgiveness (Romans 10:9-10). It is a person who desires to live a life pleasing to God. It is a person who denies himself to become a follower of Christ (Luke 9:23). What does it mean to become a follower of Christ?

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Down wire sparks cornfield fire, traffic tied up on Route 19 at Wyoming County line

By Howard B. Owens

A downed power line appears to have sparked a fire in a cornfield in the area of 637 Pavilion Warsaw Road, Town of Covington.

That's in Pavilion's fire district and Pavilion fire is on scene.

Dispatchers have received multiple calls about the fire and a chief said people keep stopping on the road to check on the fire.

Southbound Route 19 is closed and the Pavilion chief has requested that Wyoming fire close northbound Route 19.

National Grid is responding to the scene.

UPDATE 8:36 p.m.: Pavilion is now dispatched to a possible house fire at 550 Crossman Road, Town of Covington. The house was struck by lightning. The location is within Pavilion's fire district.

UPDATE 8:40 p.m. The house will be checked with a thermal camera. The residents are not entirely sure if the house was struck. There was a big bang and then the power went out.


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Webers receive $26,500 in fines for property code violations in Pavilion

By Howard B. Owens

Jacob and Steven Weber, father and son, were sentenced in Pavilion Town Court today to fines and community service for their violations of the state's property maintenance code.

Jacob Weber -- who entered a guilty plea July 9 to 46 violations for storing unregistered and uninspected vehicles on his property at 11256 Perry Road -- was fined $22,000 and given a one-year conditional release from jail time.

Steven Weber -- who entered a guilty plea the same day as his father to 16 violations for storing unregistered and uninspected vehicles on his property at 11076 Lake Road (the former firehouse) -- received $4,500 fine, 50 hours of community service and one-year conditional release.

A failure to abide by release conditions could result in a new charge for violating a court order and a resentencing on the original charges.

Dan Lang, code enforcement officer for Pavilion, said the violations on both properties have been corrected.

Z&M Ag and Turf takes Pavilion softball championship

By Howard B. Owens

Photo and information submitted by Tim Kingdon.

The Z&M Ag and Turf's "Ballbusters" took the Thursday night Pavilion slowpitch softball league championship over the weekend. The Ballbusters met Smokin' Eagle BBQ & Brew in the finals where -- despite being down to only nine guys due to injury -- they were able to beat the Eagle twice in a row to capture their first league championship. They would like to thank the Pavilion Volunteer Fire Department and R.L. Jeffres & Sons, Inc., for the countless hours they put into the field all season.
 
Pictured from left in the front row: Scott Lazarony, Mike Hackett, Jon Parks, Mike Anderson, Tim Kingdon. Back row from left: Dale Buck, Adam Logsdon, Mike Lafex, Kevin Young and Brad Whight.

Law and Order: Woman accused of using knife to attack and injure people

By Howard B. Owens

Latoya D. Jackson, 27, of 112 State St., Batavia, is charged with acting in a manner injurious to a child less than 17, assault 2nd, and assault 2nd (recklessly causing serious injury with a weapon). Jackson was allegedly involved in a fight at 121 Liberty St., Batavia, in which she injured two people with a knife at 8:39 p.m., Monday.

Dustin W. Bogue, 31, of 109 Oak St., Batavia, is charged with criminal trespass, 2nd, criminal contempt, 1st, harassment, 2nd. Bogue is accused of violating a no-offensive-conduct order of protect.

Michael S. Lytle, 24, of 11 Wood St., Batavia, is charged with criminal contempt, 2nd, for allegedly violating an order of protection.

Raymond Paul Meshlovitz, 34, of Main Road, Corfu, is charged with criminal possession of a weapon, 4th, and unlawful possession of a prescription form. During a search of his residence by probation, Meshlovitz was allegedly found in possession of brass knuckles, a switchblade knife and prescription forms.

Jacob Duane Defisher, 17, of Roanoke Road, Pavilion, is charged with petit larceny. Defisher is accused of stealing money from Darien Lake while employed there.

Amanda Marie Bowles, 28, of Williams Street Batavia, is charged with petit larceny. Bowles is accused of shoplifting from Walmart.

Tammy L. Draper, 46, of 22 Porter Ave., Batavia, is charged with disorderly conduct. Draper is accused of making obscene gestures and yelling obscenities while on State Street at 3:39 p.m., Saturday.

Landrea D. Wroten, 41, of 5 Dellinger Ave., Batavia, is charged with petit larceny. Wroten is accused of stealing a friend's purse.

Cody D. Cutitta, 26, of 5 Fairmont Ave., Batavia, is charged with aggravated harassment and disorderly conduct. Cutitta is accused of standing in the middle of Fairmont Avenue and swearing at 2:15 a.m. He's also accused of making threats by phone.

Nicola Marchesoni, 53, of Hamilton Street, Albion, is charged with driving while impaired by drugs, unlawful possession of marijuana, failure ot keep right and moving from lane unsafely. Marchesoni was stopped at 9:20 p.m. Tuesday on Quaker Hill Road, Elba, by Deputy Joseph Corona.

Law and Order: Inmate accused of throwing feces at corrections officer

By Howard B. Owens

Kyle Justin James Jackson, 21, of Slusser Road, Batavia, is charged with aggravated harassment. Jackson, while incarcerated in the Genesee County Jail, allegedly threw a plastic cup containing feces at a corrections officer. Jackson remains in jail on other charges.

Sandra Rae Marceill, 66, of Sanders Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, driving too slow/impeding traffic and moving from lane unsafely. Marceill was stopped at 11:04 p.m. Aug. 9 on Main Road, Stafford, by Deputy James Diehl.

David Michael Jackson, 36, of Lake Road, Pavilion, is charged with forcible touching, endangering the welfare of a child and sexual abuse, 3rd. Jackson is accused of touching the intimate parts of a person less than 17 years old.

April Lynn Walradt, 36, of Westcott Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Walradt was allegedly the driver in a motor-vehicle accident reported at 1:18 a.m. Thursday on Westcott Road, Le Roy. The accident was investigated by Deputy Matthew Fleming.

David Alexander Bramblett, 44, of Chapin Street, Canandaigua, is charged with DWI, driving with a BAC of .18 or greater, consumption of alcohol in a motor vehicle, unlicensed driver. Bramblett was stopped on Route 77 in Corfu following a report of an apparently intoxicated driver from a witness on the Thruway. Bramblett was stopped at 4:19 p.m. Tuesday by Deputy Eric Seppela.

Sentencing postponed for Pavilion property owners who stored disabled vehicles

By Howard B. Owens

In Pavilion Town Court today, Pavilion Attorney Jamie Welch agreed that Steven Weber has complied with a requirement to remove illegally stored vehicles from his property at 11076 Lake Road.

There are still at least a dozen vehicles that need to be removed from the property of his parents, Jacob and Mary Weber, at 11256 Perry Road, Pavilion.

Because of the progress Weber has made, his attorney, Richard Sherwood, and Welch reached an agreement to delay Weber's sentencing for two weeks in order to give him more time to remove the disabled vehicles from his parent's property.

On July 9, Steven Weber entered a guilty plea to a 15-count indictment accusing him of violating the state's property maintenance code. Jacob Weber admitted to 46 such violations.

Both were scheduled to be sentenced today, but the sentencing has been postponed until Aug. 27.

In exchange for the delay, both agreed to waive their right to appeal whatever sentences they receive.

Under a prior plea agreement, Jacob Weber will not receive any jail time, but he could still be fined a maximum of $750 per violation of the code. 

Steven faces the possibility of jail time plus a $350 per-violation fine.

Jacob's fine is higher because of a prior conviction on the same charges within the past five years.

In court today, Steven disputed that there were really 15 violations on his property, saying that there were only 11 disabled, unregistered vehicles on his property. Sherwood reminded him he had already entered a guilty plea to 15 counts.

Sherwood said there are 18 remaining cars on Jacob's property that Steven owns. At least six of the vehicles are in fact licensed. Of the remaining cars, they haven't been removed because the brakes have seized and the wheels can't turn.

Sherwood said those cars will need to be jacked up and the brakes repaired or removed before the wheels will turn and the cars can be placed on flatbed trailers and hauled away.

While Welch was willing to go along with a delay in sentencing, he wasn't willing to give the Webers much credit for progress made.

"We disagree with the defendant that he has made a lot of progress," Welch said. "In March he received a letter containing all the charges and nothing was done. Several months went by with no progress. Now he tells the court the cars are in such a state of disrepair from their long storage that their wheels are seized and some of them need to be dug out of the earth. We are trying to work with Mr. Weber here. We've given him every chance. If he comes back in 14 days and there's a single violation, the court will have full discretion to sentence him up to the maximum."

When asked if he understood the terms of the extension, Steven Weber said he did, but wanted to dispute some of the statements made by Welch.

When his attorney tried to quite him, Steven said, "but it ends up in The Batavian and I don't appreciate what winds up in The Batavian."

Prior to the hearing, Weber spoke with The Batavian briefly and said the stories about his case have been inaccurate. He said his cars are not junk. He said he wasn't willing to talk further at this time.

Sherwood told Weber he will be able to tell the court anything he wants about the case at his sentencing on Aug. 27.

3rd Annual Prayer Conference

By Tracy Byrnes

PLEASE SAVE THE DATE...Batavia Assembly of God Church is hosting its 3rd Annual Prayer Conference Friday, Sept. 13th, 6:00pm to 9:00pm (registration is from 6pm - 7pm) and Saturday, Sept. 14th, 8:00am to 4pm. The theme for the conference is "Presence, Prayer, and the Power of God". The keynote speaker will be Dick LaFountain. Dick is an accomplished  speaker and a published author of the book, "Time Alone With God". His passion is to motivate a renewed love for prayer and the presence of God in our churches. Workshops will also be available.

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