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Car rollover accident reported on Thruway in Pembroke area

By Howard B. Owens

There are unknown injuries following a one vehicle rollover accident on the Thruway at mile marker 401.

The vehicle turned over at least twice, according to multiple callers.

Pembroke and Indian Falls fire being dispatched as well as an ALS unit from Mercy EMS.

UPDATE 2:14 p.m.: All victims out of the car. No or very minor injuries. No ambulance transport anticipated.

Truck driver allegedly watching porn at time of fatal accident on Thurway

By Howard B. Owens

The driver of a truck involved in a fatal accident on the Thruway the morning of Dec. 12 was allegedly operating on little sleep and viewing porn on a laptop computer at the time of the accident.

Thomas Wallace, 45, of Brook Park, Ohio, has been charged with manslaughter 2nd and jailed on $50,000 bail or $200,000 bond.

Julie Stratton, 33, of Synder, was driving in the passing lane of the Thruway in Pembroke when her car struck a deer and became disabled. She managed to call 9-1-1 before a tractor trailer plowed into her car. Several cars and trucks reportedly managed to avoid hitting her vehicle, which immediately raised questions about how Wallace was apparently unable to avoid striking the car.

Wallace is accused by the State Police of keeping a falsified log book and working a 27-hour shift at the time of the accident. He allegedly had slept only four hours in the previous 24.

State Police also say he had a computer in his lap that was streaming pornography at the time of the accident.

Wallace was reportedly driving for Millis Transfer out of Blackriver Falls, Wis.

Stratton was the mother of two young children.

Police Beat: Woman accused of insurance fraud

By Howard B. Owens

Wendy Lynn Mucher, 40, 27 Valle Drive, Batavia, is charged with insurance fraud 3rd. Mucher allegedly presented a State Farm agent a receipt containing materially false information related to her claim for payment.

Kyle Davis Faron, 26, of 8133 Remsen Road, Pembroke, is charged with felony DWI, felony driving with a BAC of .08 or greater and unsafe lane change. Faron was stopped at 1:23 a.m. by Deputy Jason Saile in front of Faron's residence.

Three-car accident reported on Thruway, minor injury

By Howard B. Owens

There was initially a report of a three-car accident with injuries at mile marker 395 of the Thruway.

Then there was a report of an accident at marker 392, but the first responder could not locate that accident.  He did proceed to the accident at 395.

East Pembroke Fire and Mercy EMS have been dispatched.

UPDATE 10:26 p.m.: East Pembroke back in service.

Van on fire on Route 77 near Gabby Road.

By Howard B. Owens

A van in the roadway on Route 77 just north of Gabby Road is reportedly on fire.

The van is unoccupied at this time.  The van is reportedly fully involved.

Pembroke and Indian Falls fire are being dispatched.

UPDATE 6:42 a.m.: East Pembroke's tanker is being dispatched.

Town of Pembroke board member convicted on illegal fireworks charge

By Howard B. Owens

BATAVIA, NY -- A Town of Pembroke board member was fined $200 yesterday following a bench trial in City Court for allowing fireworks to be detonated during a party at his house in June.

Several hundred people attended the party at Gary DeWind's house, according to Michael Mohun, his attorney. Mohun said the party was thrown in honor of DeWind's son, a major in the Army who was being sent to Afghanistan.

The casings for a total of eight rocket-type fireworks were recovered, Mohun said. "Not hundreds, but eight."

The trial was moved from Town of Pembroke Court to City Court because of DeWind's status as a board member and to avoid any possible conflict of interest. Judge Robert Balbick presided.

The charge was an infraction and carried fine of $80 plus a $120 surcharge.

"There was no property damage and nobody was hurt," Mohun said.

Police Beat: Man accused of running up more than $1k on employer's credit card

By Howard B. Owens

Bret L. Bellacosa, 51, of 7852 Hewes Road, Bergen, is charged with grand larceny 4th. Bellacosa is accused of allegedly using his employer's credit card to fill up his personal vehicle with gas on several occasions. The total amount purchased reportedly exceeded $1,000. The case was investigated by Det. Charles Dudek of the Batavia Police Department.

Sean Douglas Lacy, 23, of 7248 W. Bergen Road, Bergen, is charged with harassment 2nd. Lacy was arrested late last night for allegedly punching another person in the face.

Lisa M. Smith, 37, of 5 Thorpe St., Batavia, is charged with criminal contempt 2nd. Smith allegedly called another person in violation of an order of protection.

John T. Kingsley, 32, of Stafford, is charged with 30 counts of petit larceny. Kingsley was arrested Jan. 14 by State Police for allegedly stealing from a business on Veterans Memorial Drive. No further details were released.

Accident reports from the State Police blotter:

8:54 a.m., Jan. 19, Route 77, Pembroke, two vehicles; Driver 1: Tammy M. Corbin, 29, of Batavia; Driver 2: Cody L. Pahuta, 18, of Corfu. No injuries. No citations.

Police Beat: Woman accused of stealing prescription pain killers

By Howard B. Owens

Diane G. Geary, 44, of 4036 West Main St., Apt. #8, Batavia, is charged with two counts of petit larceny and possession of stolen property. Geary was arrested by Det. Kevin Czora following an investigation into the theft of prescription hydrocodone (pain pills) and a social services check from another individual. Geary was jailed on $1,000 bail.

David W. Wells, 21, of 6962 Townline Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, consumption of alcohol in a motor vehicle, unlicensed operation, improper left turn and failure to stop. Wells was stopped at 1:44 a.m. Saturday by Deputy Jason Saile on Route 19 in Bergen.

Gene Robert Schmidt, 42, of 3150 Dodgeson Road, Alexander, was picked up on a warrant for an alleged violation of probation. Schmidt was stopped for an alleged traffic violation on Dodgeson Road by Deputy Jason Saile and it was discovered there was a warrant for his arrest. Schmidt was jailed on $5,000 bail.

Rebecca Jo Cornell, 35, of 439 Sandhill Road, Caledonia, is charged with petit larceny. Cornell allegedly left the Target store in Batavia without paying for $101 worth of merchandise.

Robert M. Hopkins, 27, of 234 North Spruce St., Batavia, and Jason W. Lebar, 24, of 8170 Batavia-Stafford Townline Road, Batavia, are charged with trespass. Hopkins and Lebar were reportedly on the grounds of the New York State Veterans Home without permission. They were jailed on $250 each.

Kimberly A. Brodsky, 18, of 4 Elm St., Batavia, is charged with DWI, driving with a BAC of .08 or more, operating with one headlight, operating with one headlamp and unlawful possession of marijuana. Brodsky was stopped by Officer Dan Coffey at 2:44 a.m. Sunday on Jackson Street.

Joshua R. Gebhard, 22, of 279 Palmer Road, Churchville, is charged with unlawful possession of marijuana. Officer Dan Coffey reported finding a small quantity of marijuana during a traffic stop.

Reported accidents from the State Police blotter:

4:34 p.m., Jan. 10, Route 98, Batavia, one vehicle; Driver 1: Susan A. Haight, 20, of Albion. No injuries. No citations.

4:00 a.m., Jan. 11, Route 5, Indian Falls, one vehicle: Driver 1: C.C. Bennett, 23, of Corfu. No injuries. No citations.

1:40 p.m., Jan 15, T/A Truck Stop, Route 77, Pembroke, two vehicles; Driver 1: John R. Stellingwerf, 41, Fulton; Driver 2: Murphy Maurice, 44, of Denver, Colo. No injuries. No citations.

5:41 p.m., Jan. 15, Roanoke Road, Stafford, one vehicle; Driver 1: Kevin P. Heiman, 27, of Pavilion. No injuries. No citations.

6:34 p.m., Jan. 15, Shanks Road, Alabama, one vehicle: Driver 1: Cody L. Pahuta, 18, of Corfu. No injuries. No citations.

Rollover accident with fire reported on Thruway

By Howard B. Owens

There is a one-vehicle rollover accident reported in the westbound lane of the Thruway at mile marker 399.1 in Pembroke.

The vehicle is reportedly on fire and one person may have been dragged from the roadway.

Pembroke and Indian Falls fire are being dispatched along with Mercy EMS.

UPDATE 8:55 p.m.: First responder reports the car is fully involved.

UPDATE 9:11 p.m.: The fire is out. The Thruway is closed. Firefighters are now searching the area for possible passengers. It still unknown how many occupants were in the car.

UPDATE 9:39 p.m.: Fire units are leaving the scene. No further information available at this time.

UPDATE 10:58 p.m.: East Pembroke just cleared the Thruway and went back in service.

UPDATE Sunday morning: The Buffalo News reports this was a fatal accident. Mark Deacon, 53, of Buffalo, sustained head injuries in the accident and died at ECMC. He had been ejected from his 1997 Chevy Blazer after it overturned. Deacon apparently over corrected after his vehicle drifted onto the left shoulder. There is no report of other accident victims.

Akron man accused of assaulting ex-girlfriend in Pembroke

By Howard B. Owens

An Akron man faces six criminal charges and has been jailed on $50,000 following an alleged domestic dispute with his ex-girlfriend in Pembroke.

Charles William Schilling, 26, of 9 Exchange St., Akron, is accused is of breaking into his ex-girlfriend's home at 6 a.m. today and assaulting and threatening her in front of her 7-year-old son.

Schilling was arraigned on three felony and three misdemeanor charges.

He is charged with burglary 2nd, coercion 1st, criminal mischief 1st, menacing 3rd, endangering the welfare of a child and resisting arrest.

Police Beat: Man accused of stealing gun from store in Corfu

By Howard B. Owens

Jason Howard Freeman, 28, of 5312 Genesee St., Bowmansville, is charged with grand larceny 4th. Freeman is accused of stealing a firearm from A & K Gun Sales in Corfu. Freeman was issued an appearance ticket. The case was investigated by Deputy Patrick Reeves.

Eric D. Halsey, 18, of 3718 Main St. Road, Batavia, is charged with harassment 2nd. On Dec. 31 at 10:45 p.m., Halsey allegedly grabbed a woman by the face and threatened to smash her car window and hurt her.

Ian C. Lawlis, 29, of Overlook Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation 3rd. Lawlis allegedly backed into Ellicott Street unsafely and then sped away, traveling at 40 mph in a 30 mph zone. Lawlis was stopped by Sgt. Greg Walker. Upon investigation, it was discovered that Lawlis was allegedly operating on a suspended license. Lawlis was also cited for other alleged violations, such as unsafe backing, speeding, operating without insurance and failure to notify DMV of address change.

Ronald Louis MacGregor, 41, 6960 Cole Road, Le Roy, is charged with criminal possession of a controlled substance 7th, unlawful possession of marijuana and aggravated unlicensed operation 3rd. Sheriff's deputies responded to a report of a car driving without headlines and heavy front-end damage. The car was reportedly found at MacGregor's address. Upon investigation, Deputy James Diehl charged him with the listed offenses. Following arraignment, bail was set at $100.

David W. McCoy, 49, of 101 Kurtz Ave., Lancaster, is charged with DWI, driving left of pavement markings and failure to obey traffic control device. McCoy was stopped on Route 77 in Corfu at 8:21 p.m. Friday by Le Roy Police Officer Edward Caton and charged with the listed offenses.

Two passengers injured in accident after driver strikes deer

By Howard B. Owens

A teen-age driver reportedly struck a deer Wednesday evening, over corrected and overturned her car in a ditch on Boyce Road in Pembroke.

Two of her passengers were injured.

Taken to UMMC for treatment were Randy J. Hesler, 16 and Amanda Richley, 18.

Kelsey Nichole Milks, 17, of 576 Main Road, Corfu, was driving a 2001 Pontiac sedan at 9:21 p.m. She was uninjured.

A fourth passenger, Abbigayle R. Henry, was also not hurt.

No citations were issued.

Deputy Patrick Reeves investigated the accident.

Minor injury reported in rear-end accident on Pratt Road

By Howard B. Owens

One person was injured in a rear-end car accident on Pratt Road in Batavia on Wednesday.

Treated at the scene was Mark D. Humel, 18, of East Pembroke, for an arm pain complaint.

Humel was cited for allegedly speeding.

The other driver, Lori A. Defazio, 53, of 2636 Pratt Road, Batavia, was uninjured.

Defazio was reportedly driving westbound on Pratt when she slowed to make a left turn. Humel allegedly did not notice her slowing or see her turn signal.

Humel's car struck Defazio's from behind and spun it around 180 degrees.

The accident occurred at 5 p.m. It was investigated by Sgt. Greg Walker.

Truck fire reported at scrap yard in Corfu

By Howard B. Owens

East Pembroke Fire is being dispatched to a reported dump trailer fire at Ed Arnold's Scrap Yard on Angling Road in Corfu.

UPDATE 10:17 p.m.: First responder reports metal shaving burning inside of a dump container. Units asked to respond non-emergency.

UPDATE 10:21 p.m.: East Pembroke Fire picking up. "It's just metal shavings. It's not going to go anywhere."


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Bus driver from Kid Rock tour pleads not guilty to DWI charges

By Howard B. Owens

The man accused of driving Kid Rock's tour bus while drunk entered a not guilty plea to three DWI charges during an arraignment this morning in Genesee County Court.

Joseph S. Devlin, 37, St. Augustine, Fla., was arrested July 15 after Sheriff's deputies spotted the bus on Route 77 in Pembroke, they say, operating erratically.

Devlin was employed at the time by a company contracted to provide transportation for Kid Rock and his entourage.

He faces two felony counts of DWI.

Devlin posted the $10,000 bail set in the case immediately.

Previously:


Rollover accident reported on the Thruway

By Howard B. Owens

A car has rolled over on the Thruway in the Pembroke area, but a second called to dispatch reports the driver is getting out of the car.

Pembroke Fire and Mercy EMS are being dispatched.

UPDATE 4:16 p.m.: First responder reports that the westbound lane is heavily covered in snow. The dispatcher responded that several calls have come in to report that situation and the Thruway Authority has been notified.

UPDATE 4:27 p.m.: If I'm hearing this right, an ambulance is stuck in the snow and a tow has been requested to pull it out. It's unclear if it's at this location or another.

Police Beat: DWI suspect accused of kicking jail door

By Howard B. Owens

Michael V. Poleo, 26, of 3409 W. Main St., Batavia, is charged with criminal mischief 3rd, DWI, unlawful possession of marijuana and failure to keep right. Poleo was reportedly stopped by Deputy Patrick Reeves on Route 5 in the Town of Batavia following the report of an erratic driver. At the time of his arrest, he was reportedly found in possession of marijuana. Allegedly, upon arriving at the Genesee County Jail, Poleo became irate and kicked a holding cell door and cracked the window. The damage is estimated at more than $250.

Brittany L. Ellis, 20, of 15 Bostwic Place, Hornell, is charged with petit larceny. Ellis is accused of shoplifting from Famous Footware on Veteran's Memorial Drive in Batavia.

Zeke A. Gross, 38, 965 Avenue D St., Rochester, is charged with aggravated unlicensed operation 1st and speeding. Gross was reportedly stopped for speeding by Deputy Patrick Reeves on Route 5 in Pembroke. After the stop, it was found that Gross reportedly has 32 suspensions or revocations on his driver's license, including operating without insurance, failure to pay child support, dishonored check, failure to pay fines and failure to answer summons. Gross posted a $350 pre-arraignment bail and was released on an appearance ticket.

Martin F. Jones, 38, no permanent address, is charged with two counts of harassment 2nd. Jones allegedly hit two different women at two different locations. One alleged incident was at 10:30 p.m. Thursday at the other was at 3:30 p.m. Saturday. The alleged incidents are not related. Jones was jailed on $750 bail.

Jeffery J. Fisher II, 20, of 4940 Bigford Road, Medina, is charged with petit larceny. Fisher is accused of shoplifting alcohol from Tops Market.

A 17-year-old from Bergen was arrested by State Police at 9:15 a.m. Tuesday and charged with harassment 2nd and unlawful possession of alcohol by a person under 21. No further details were released.

Thruway accident in Pembroke that killed mother of two still under investigation

By Howard B. Owens

Was a truck driver using a laptop computer in his cab prior to striking a disabled vehicle on the Thruway on Dec. 12?

State Police are using computer forensics to try and answer that question.

The driver of the disabled vehicle, Julie I. Stratton, 33, of Snyder, was killed in the accident.

The Buffalo News reports:

State Police want to know why the operator of the tractor-trailer wasn’t able to avoid Stratton’s car, which was disabled in a collision with a deer a few minutes earlier, when several other vehicles were able to swerve around her.

The News also confirms that Stratton placed a call to 911 prior to the truck striking her car.

Police Beat: Le Roy man accused of writing $1K in checks on closed account

By Howard B. Owens

Aaron L. Heale, 28, of 8 School St., south apartment, is charged with grand larceny in the 4th degree and one count of criminal possession of a controlled substance. Heale is accused of purchasing more than $1,000 in merchandise from a local store using checks from a bank account that had been closed for years. The investigation by Le Roy Police Detective John Condidorio began in November 2009. On Dec. 16, Det. Condidorio -- along with members of the Le Roy Police Department, the Genesee County Sheriff's office and the Genesee County Local Drug Enforcement Task Force -- executed a search warrant on Heale's apartment. Heale was not present at the time. Condidorio reports that during the search, evidence of the alleged grand larceny was found along with drug paraphernalia. Heale was located on Dec. 20 at a residence in the village and arrested. He was jailed on $1,500 bail.

Linda L. Snyder, 27, of 6 Lewis Place, Batavia, is charged with disorderly conduct and endangering the welfare of a child; Paula A. Kingsley, 34, of 8 Lewis Place, Batavia, is charged with disorderly conduct. Snyder and Kingsley were allegedly involved in a neighbor dispute at 4:05 p.m. on Sunday. Snyder is also accused of grabbing a 15-year-old girl and fighting with her. Both were jailed on $1,000 bail.

Ralph G. Depema, 33, of 854 Whitier Road, Spencerport, is charged with aggravated unlicensed operation and unsafe turn. Depema was reportedly stopped by Officer Chris Camp Ellicott Street at 11:35 a.m. on Sunday. After the stop, it was discovered that Depema was driving despite his license reportedly being suspended 16 times. Depema was jailed on $1,000 bail.

Joshua P. Garcia, 26, of 14 Marchall Ave., Akron, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Deputy Kevin McCarthy responded to a report from the T/A Travel Plaza of a person who reportedly passed out in the dining area and then refused to leave. Upon interviewing Garcia, McCarthy determined that he allegedly drove to the location.

Brian L. Smith, 48, 4128 Colonial Blvd., Batavia, is charged with aggravated harassment in the 2nd degree. Smith allegedly made repeated contacts via online communication with a woman in Florida after she had repeatedly asked him to stop. Investigator Kristopher Kautz characterized the communications as "harassing and alarming in nature."

Philip Anthony Caccamise, 27, of 65 South St., Le Roy, is charged with harassment. Caccamise allegedly grabbed a friend and threw him to the ground.

Glenn W. Viehdeffer, Jr., 59, of 7628 Lewiston Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and inadequate/no muffler. Viehdeffer was stopped for an alleged traffic violation by Deputy Jason Saile on South Pearl Street Road in Oakfield at 1:42 a.m. on Saturday.

Eric W. Kubik, 23, of 2160 Phelps Road, Basom, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Kubik was stopped by Deputy Howard Carlson on Route 5 in the Town of Le Roy at 2:40 a.m. on Saturday.

John C. Bertini, 51, of 2419 Pratt Road, Corfu, is charged with unlawful possession of marijuana. Bertini was stopped by Deputy Kevin R. McCarthy on Indian Falls Road for an alleged improper headlight at 2:08 a.m. on Sunday.

A 17-year-old from Batavia is charged with unlawful possession of marijuana. Deputy Kevin McCarthy investigated a car parked partially on the pavement on Gabby Road in Pembroke at 4:54 a.m. on Saturday. He found the youth allegedly in possession of marijuana.

Ricky N. Porter, Jr., 19, of 1 Walnut St., Batavia, is charged with assault in the 3rd degree and criminal contempt in the 1st. Porter allegedly violated a court order of protection by pulling the hair of a girlfriend and then hitting her numerous times in the head and face. Porter was jailed without bail.

Joshua G. Bachorski, 26, of 11 Pringle Ave., lower, Batavia, is charged petit larceny. Bachorski allegedly stole a bottle of liquor from Mr. Wine and Liquor.

Amanda M. Elliott, 25, of 18 1/2 Walnut St., Batavia, is charged with petit larceny. Elliott allegedly shoplifted items from Tops.

Julia R. Sallade, 18, of 9845 Roanoke Road, Pavilion, is charged with petit larceny. Sallade allegedly attempted to steal $368 worth of clothing and jewelry from JCPenney.

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