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Odor of fuel in the building at Flying J, Pembroke

By Howard B. Owens

An odor of fuel is reported in the building of the Flying J travel plaza in Pembroke.

The building was supposed to be evacuated, but a chief on scene reports the building is not evacuated.

Pembroke and Indian Falls fire departments responding.

UPDATE 7:41 a.m.: Newstead fire requested to the scene to help with roof access.

UPDATE 7:41 a.m.: Code enforcement also requested to the scene. Building is evacuated.

UPDATE 7:50 a.m.: Units on the road can continue response, all others can remain in quarters.

UPDATE 7:53 a.m.: A chief reports no issues found. No sign of fire. He suspects diesel fuel getting sucked in by vents was the cause.

Youth from Pembroke enjoy night of basketball at UB

By Howard B. Owens

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Members of the basketball program with the Pembroke Youth Association showed "horns up" for UB men's basketball at Alumni Arena in Buffalo on Thursday night.

The kids got a chance to see a great Division I basketball game (the Bulls beat NJIT 86-81 in overtime) as a group outing.

(I attended the game and when one of the girls with the group won "Fan of the Game" during the second half, I noticed the Pembroke jersey and decided to get a picture of the group at the game. The kids were clearly having a blast.)

'I believe her' Judge Zambito tells sexual abuser before sending him to prison for 15 years

By Howard B. Owens

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David K. Atkinson abuses women and the risk is great that he's beyond rehabilitation, Judge Charles Zambito decided in Genesee County Court this afternoon as he sent Atkinson to state prison for 15 years.

His victim, a former Pembroke resident, said only a sentence of 10 to 15 years could help her feel safe, though she fears her life will never be as good as it was before Atkinson attacked her, threatened her with a claw hammer and forced her to perform oral sex on him while he live-streamed it to another man in Darien.

She said her life is filled with fear and anxiety. She can't return to the house where she lived, even though she's still paying the mortgage, and she suffers from PTSD (Post-traumatic Stress Syndrome) and frequent nightmares.

"I can't stop imagining David breaking into my house despite the doors being locked," she said. "I can picture him chasing me down in my house and beating me. I picture him beating and killing my children. I picture him raping and killing me. I don't feel safe no matter how many counseling sessions I go to. I can't escape the nightmares."

The 39-year-old Atkinson was found guilty following a jury trial in August of criminal sexual act in the first degree.

He testified at his own trial and denied all of the woman's allegations. He didn't deny the sex act. He said it was consensual and described it as "make-up sex" after an argument because he found text messages on the woman's phone to another man -- the man in Darien.

By this time, the woman and Atkinson had long been out of a relationship and Atkinson supposedly had another girlfriend, but he said he and the victim continued to have a casual sexual relationship, which he said was proof that he didn't force her into a sex act.

During the trial, there was a woman who sat in the front row as a supporter of Atkinson.

After the trial, Atkinson was released on bond and he traveled to North Carolina with the woman. His sentencing was scheduled for Nov. 21 but he missed that court date.

On that date, he was in jail in North Carolina for allegedly strangling the woman who had been his ally during the trial.

A common thread between the North Carolina incident and the attack on the woman locally: An empty bottle of Evan Williams bourbon was found at both scenes, said Robert Zickl, assistant district attorney.

Atkinson also has a prior misdemeanor conviction, from 2013, for abusing his first wife in Erie County.

The victim, in this case, described Atkinson as charming and that he seemed like a dream come true when they first met.

She said she was feeling good about her life when they met. She was four years clean after overcoming an addiction and adjusting to life as a single mother. She had a good job, had bought a house and was making her mortgage payments.

She let Atkinson move in with her and soon the trouble started. First, he refused to work. He wasn't contributing at all financially to the household. Then, she said, he starting insulting her and the kids. 

When she tried to get him to move out, he threatened her and threatened to damage her house and her belongings.

"I felt trapped and didn't know what to do," she said.

Then Atkinson found a new girlfriend and the woman thought that would solve her problems. It didn't. Atkinson didn't leave.

One night he scrolled through the messages on a mobile phone and found a non-romantic conversation between the woman and the man in Darien. That started a fight and eventually the forced, live-streamed sex act over messaging.

"I miss the way my life was before that night," the woman told Zambito.

A 10- to 15-year sentence might not only help her find some peace of mind, she said, but it would also protect other women.

"You can save other women before another woman becomes another victim," she said. "Please help save another woman from becoming a victim of David Atkinson."

Zickl opened his statement to Zambito with, "I don't know when (the victim) wrote her statement, but it could be considered prophetic." 

He then described the alleged attack and arrest of Atkinson in North Carolina.

Zickl sought the maximum term for Atkinson of 20 to 25 years. He noted that a sentence, in this case, was neither for rehabilitation nor for deterrence. Clearly, he said, deterrence wouldn't work in this case because he already attacked another woman.

"He did that knowing you would hear about it and it would affect his sentence in this court," Zickl told Zambito.

Atkinson made no statement in court.

Zambito presided over the trial in August and remembered the defendant's denials.

"I heard the testimony," Zambito said. "I also heard from the victim about your brutality and the significant affect it had on her. It doesn't need to be recited here again. You claimed it was consensual. You blamed it all on her. This happened, you said, because she was unfaithful to you. You portrayed yourself as the victim. That's perhaps the most disturbing thing here. You testified, and the jury didn't believe you and I don't believe you either. I believe her."

Pembroke Girls Basketball Team will be 'Shooting for a Cure' Jan. 25

By Billie Owens

Submitted photo and press release:

During the last six seasons, the Pembroke High School Girls’ Basketball Team has focused on winning—not just league games, but the battle against breast cancer. It’s a cause that is personal to the team and their school district because of the number of faculty and community members who have been affected by the disease.

Yet according to Senior Captain, Olivia Kohorst, this year’s fundraiser -- 7 p.m., Thursday, Jan. 25, Pembroke vs. Oakfield-Alabama (at Pembroke) -- is particularly important as it marks the final season she will be able to play in the event.

“I was only in sixth grade when the first varsity team came up with the idea to host the first Shooting For A Cure! game in support of Toni Funke’s battle with breast cancer,” said senior Olivia Kohorst.

The team spent that inaugural season seeking support from the community and local businesses in hopes of funding research efforts at Roswell Park Cancer Institute (RPCI) in honor of Mrs. Funke.

“I remember being on the PYA team at the time with my friends. A lot of us went to that first game and I remember wearing pink and that the gym was really crowded! As a young kid, to see our community come together the way they did in support of Mrs. Funke made a lasting impression on me. I knew then that I wanted to be a part of that, part of something bigger than just me playing basketball with my friends,” Kohorst said.

“This fundraiser means more to our team every season.  It gives us an opportunity to make a difference in the lives of others and it gives us greater purpose not only as student-athletes but as people. Cancer affects us all, my family included, and to be a part of a team that supports those fighting means more to me than I can express in words..

"Being a part of Shooting For A Cure! has affected me in such a positive way. Playing in this game was the highlight of each season I played basketball at Pembroke and I look forward to still being involved after I graduate.”

The 2017-2018 Shooting For A Cure! donors list numbers more than 70 merchants and individuals including ADPRO Sports, AdWorks, Batavia Country Club, Batavia’s Original Pizzeria, the Buffalo Bills, Buffalo Sabres, Buffalo Bandits, Buffalo Bisons, Courage of Carly Foundation, Chef’s, Dave & Adam’s Card World, DuPont, Insty-Prints, M&T Bank, Original Pizza Logs, Pembroke Youth Association, Terry Hills, Yancey’s Fancy and the YMCA to name a few.

Many of the product donations will become game night auction baskets and raffle prizes. Monies will also be raised from apparel sales and food sales with the generous support of local pizzerias and vending companies. Additionally, the Roswell Park Alliance Foundation has revamped their online platform and developed a Team Roswell site.

Direct online donations are now being accepted in support of Shooting For A Cure! at: http://give.roswellpark.org/goto/ShootingForACurePGBB.

The team hopes Shooting For A Cure! will continue its tradition of topping the previous years’ fundraising total.

“All of the money raised that evening goes directly to support cancer research at Roswell Park,” sophomore Mackenna Johnson said. “Playing basketball for Pembroke is not just about trying to win games, it’s about giving back to the community and showing our support for those in need.

"My oldest sister Breanna and her teammates started Shooting For A Cure! back in 2011 in support of Mrs. Funke, and what they started has become one of the largest Team Roswell fundraising events. Last season, we raised over $20,000 in one night, it was amazing! Our community is so supportive and we truly can’t thank all of the volunteers and donors enough for all that they do to support this game."

Roswell Park has officially sanctioned Shooting For A Cure! as a Team Cure fundraiser and as a valuable example of the way that young people can make a difference. “We continue to be impressed by the Pembroke Girls’ Basketball Team each and every season. They push themselves, not only on the court, but off the court as well, going above and beyond for the benefit of others.

It’s inspirational to have a group of teens who are so passionate about raising funds for cancer research at Roswell Park.These girls continue to demonstrate an incredible amount of compassion,” said Alex Hoaglund, Team Roswell special events coordinator. “This team is special and their community is remarkable.

"Although the players may change each season, Shooting For A Cure! has remained constant, with the girls leading the charge for six consecutive seasons. To think that they’ve has raised over $60,000 in six seasons with this game is a testament to the benevolence of the entire Pembroke community as well as this special team.”

For more information go to:  Facebook, https://www.facebook.com/PemGBBPinkGame/

                                              Twitter, https://twitter.com/pemgbb_pinkgame

                                              Pinterest, https://www.pinterest.com/shooting4acure/

                                              Team Roswell, http://give.roswellpark.org/goto/ShootingForACurePGBB

ABOUT PEMBROKE HIGH SCHOOL GIRLS’ VARSITY BASKETBALL TEAM: The Pembroke High School Girls’ Varsity Basketball Team is comprised of nine outstanding girls, ages 14 to 17. Their 2017-2018 captains are Olivia Kohorst, Sam Ianni, Mackenna Johnson, Mackenzie Jurek and Casey Wurtz. They are coached by Ron Funke. Team colors are green and black and their nickname is Dragons. The team began Shooting For A Cure! as an annual event in 2011, and they are committed to the hard work and dedication it will take to win the battle against breast cancer.

ABOUT ROSWELL PARK CANCER INSTITUTE: RPCI is among the first and only upstate New York facility to hold the National Cancer Institute designation of "comprehensive cancer center" and to serve as a member of the prestigious National Comprehensive Cancer Network. Many RPCI faculty serve on the NCCN panels that create the Clinical Practice Guidelines in Oncology™ — the internationally recognized standards for clinical policy in oncology, and the most comprehensive, most frequently updated clinical practice guidelines available in any area of medicine.

The RCPI campus spans 25 acres in downtown Buffalo and consists of 15 buildings with about 1.6 million square feet of space. A new hospital building, completed in 1998, houses a comprehensive diagnostic and treatment center. In addition, the Institute built a new medical research complex and renovated existing education and research space to support its future growth and expansion. www.roswellpark.org.

Pembroke toll booth employee suffers electrical shock

By Howard B. Owens

An ambulance has been dispatched to the toll booths on the New York State Thruway in Pembroke for an employee who has reportedly suffered an electrical shock.

No word on the extent of injuries, if any.

Pembroke and Indian Falls fire departments also responding.

UPDATE 3:11 p.m.: The patient suffered minor burns on her fingers and was transported to ECMC. She was plugging something in to an electric outlet when she was shocked. 

Law and Order: Oak Street resident charged with robbery

By Howard B. Owens

James J. Spivey, 19, of Oak Street, Batavia, is charged with robbery, 2nd. Spivey is accused of forcefully taking property from another person at 2:25 p.m., Oct. 25, while on Park Avenue, Batavia. He was jailed without bail.

William G. Schultz, 43, of Evans Street, Batavia, is charged with criminal possession of stolen property, 5th. Schultz was allegedly found in possession of stolen property -- the property is not specified -- while at 1 W. Main St., Batavia. The original incident was reported at 11:46 p.m. Oct. 6 at a residence on Union Street, Batavia. Schultz was jailed on $2,500 bail.

Cameron Robert Lochren, 23, of Broadway Road, Darien, is charged while driving while ability impaired by drugs, driving without headlines, and driver's view obstructed. Lochren was stopped at 12:58 a.m. Friday on Railroad Street, Alexander, by Deputy Patrick Reeves. Lochren was jailed on $1,250 bail or $2,500 bond.

Robert David Cummings III, 31, of Akron Road, Pembroke, is charged with criminal mischief, 4th. Cummings is accused of damaging the property of another person at 3 p.m. Friday at a location on Phelps Road, Pembroke. 

Amie Lin Santiago, 31, of Hindsburg Road, Albion, is charged with unlawful possession of marijuana. Santiago was stopped for an alleged traffic violation at 1:47 a.m. Saturday on Roberts Road, Alabama, by Deputy Jeremy McClellan.

Alex A. Applegate, 21, of Upper Holley Road, Holley, is charged with DWI and moving from lane unsafely. Applegate was charged following an investigation into a motor-vehicle accident Saturday on Route 237 in Byron. The accident was investigated by Deputy Travis DeMuth.

Gerald Jacob Farrell, 24, of Nunda-Byersville Road, Nunda, is charged with DWI, driving with a BAC of .08 or more, and failure to keep right. Farrell was stopped at 12:28 a.m. Sunday on Ellicott Street Road, Bethany, by Deputy Jeremy McClellan. 

Minor injuries reported in accident at 5 and 77

By Howard B. Owens

Minor injuries are reported in a car vs. semi-truck accident at Route 77 and Route 6 in Pembroke.

Firefighters were needed to pry a door open to extricate a passenger.

A woman had a complaint of chest pain. 

Pembroke fire and Mercy EMS responded.

Photo: Garbage truck stuck in a ditch on Route 5

By Howard B. Owens

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A reader provided this photo of a garbage truck the somehow got stuck in a ditch off of Route 5 near Route 77 about 2:30 p.m. A tow operator managed to pull the truck out of the ditch.

Drive-thru live Nativity Scene at Pembroke Town Park, hear narrated story of Christmas, free refreshments, stay in car!

By Billie Owens

The Indian Falls United Methodist Church will host Genesee County's only drive-thru opportunity to see a live Nativity Scene. It's at Pembroke Town Park from 5:30 to 7:30 p.m. this Saturday, Dec. 2.

You and your family are welcome to experience the story of Christmas with live actors and animals while staying within the comfort of your own vehicle. Enjoy provided refreshments while a narrator leads you through the story of Christmas!

Event Date and Time
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Indian Falls church hosts drive-thru event featuring narrated, live Nativity scene Saturday at Pembroke park

By Billie Owens

The Indian Falls United Methodist Church will host Genesee County's only drive-thru opportunity to see a live Nativity Scene. It's at Pembroke Town Park from 5:30 to 7:30 p.m. this Saturday, Dec. 2.

You and your family are welcome to experience the story of Christmas with live actors and animals while staying within the comfort of your own vehicle. Enjoy provided refreshments while a narrator leads you through the story of Christmas!

Plus, be entered for a chance to win a handmade Nativity decoration or a Christmas dinner!

Donations for the Corfu Food Pantry will be accepted and gratefully appreciated.

The park is located at 8799 Alleghany Road in Pembroke.

Four-unit apartment complex ablaze on Gabbey Road, Pembroke, all residents out

By Billie Owens

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A house fire is reported at 865 Gabbey Road, Town of Pembroke. Several callers to dispatch, including the homeowner and neighbors, report flames coming from the residence. The location is between Lyman and Marble roads.

It is four-unit apartment complex, with heavy fire on the east side and no exposures, says a first responder on scene, noting a fire hydrant is in front. All residents are out.

National Grid is called to the scene. Pembroke and Indian Falls fire departments are called along with Darien, East Pembroke, Corfu, and Town of Batavia. Alabama is asked to send a tanker to the scene and a crew to fill in at Pembroke's Fire Hall. The city's Fast Team is also responding and its second platoon is to report to city headquarters.

UPDATE 9:56 p.m.: Pembroke command: "Fire knocked down; checking for extensions."

UPDATE 10:32 p.m.: Jamie Waff, chief of Pembroke Fire District, said shortly after 9 p.m. firefighters were called to a working house fire. When he arrived on scene the east side of the four-unit apartment building was engulfed in flames, which is where the "electrical bank" was located. But the fire had not spread upstairs. All tenants were out. Firefighters quickly made a "good attack" on the structure and were able to get out three pet cats who lived there. They knocked down the blaze and Waff said "very minimal damage" was done inside and minimal damage was sustained in the attack. Waff said, including stand-in and fill-in units, 10 fire companies responded. One tenant was not home at the time the fire broke out, but all residents will be displaced by the fire tonight. The county's Emergency Management Office is handling the situation. "The guys did an excellent job doing a knockdown on the second floor, pulling the ceilings down," Waff said.

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Grand Jury: Man convicted of driving vehicle without consent indicted for unauthorized use of a Mercury

By Billie Owens

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

Local volunteer firefighters train and hone their skills to save lives and help in dangerous situations

By Billie Owens

Press release:

Fifteen area firefighers successfully completed the Basic Exterior Firefighter Operations (BEFO) training program held at the Genesee County Fire Training Center. Also, an eight-hour Trench Rescue Awareness course was recently conducted at the Genesee County Fire Training Center. Twenty-two members of the County’s volunteer fire service completed this program on Nov. 9.

BASIC EXTERIOR FIREFIGHTER OPERATIONS TRAINING PROGRAM

BEFO is an entry-level program requiring 79 hours of classroom instruction and skill development. This course is designed to prepare students to respond to emergencies as exterior firefighters. BEFO prepares new firefighters to operate under direct supervision in the exterior or IDLH (immediately dangerous to life or health) areas of the fire scene.

Students participated in training covering: firefighter personal protective equipment (PPE); self-contained breathing apparatus inspection and cylinder changing; fire department communications; building construction and fire behavior; modern fire control research; portable fire extinguishers; rope and knot tying; ground ladders; forcible entry; tactical ventilation theory; water supply; hose and fire streams; loss control; orientation to fire origin and cause determination; fire prevention and life safety initiatives; confined space awareness; overview of first aid and buddy care; and Hazardous Materials First Responder Operations. 

Genesee County BEFO training participants included: 

Alexander Fire Department

  • Matthew F. Grimes                    
  • Adam F. Meier                 
  • Douglas G. Mess                 
  • Heidi L. Richmond                    

Bethany Volunteer Fire Department

  • Timothy J. McCabe                    

Darien Center Chemical Fire Company

  • Megan R. Brown                    

East Pembroke Fire Department

  • Lloyd J. Casselbury

Pavilion Fire Department

  • Amanda A. Goodwin                    
  • Sean P. Vogt Jr.                    
  • Timothy R. Zipfel Jr.                     

South Byron Fire Department

  • Aaron N. Belluscio                 
  • Theresa E. Hammer                 
  • Andew L. Konieczny                 
  • Vitorrio J. Muoio                    

Stafford Volunteer Fire Department

  • Samantha S. Call                  

TRENCH RESCUE AWARENESS COURSE

Problems that can and do occur in trench rescue incidents were discussed. Safety techniques, shoring techniques, proper procedures, team operations and hazard assessment were addressed.

Trench Rescue Awareness participants included:

Town of Batavia Fire Department

  • Joshua K. Boyle
  • Clayton A. Gorski                 

Bethany Volunteer Fire Department

  • Christopher M. Page
  • Kyle L. Rombaut

Corfu Rescue Hook & Ladder Co.

  • Mitchell D. Bates
  • Gregory S. Lang
  • Matthew P. Lenhard
  • Steven D. Rodland
  • Jeffrey D. Luker

Darien Center Chemical Fire Company inc.

  • Joe T. Marino
  • David W. McGreevy
  • Mark R. Starczewski Sr.
  • Paul C. Redden

Elba Fire Department

  • Nickolas J. Esten
  • John D. Mudrzynski
  • Jason R. Pallister
  • Michael J. Schad Jr.
  • George M. Underhill
  • Caitlin E. Zipfel                    

Pembroke Fire District

  • James Reinhardt
  • Tera L. Reinhardt

Stafford Volunteer Fire Department

  • Timothy E. Eckdahl

Fire in wall reported at Log Cabin Restaurant, Indian Falls

By Howard B. Owens

A fire is reported in a wall of the Log Cabin Restaurant, 1227 Gilmore Road, Indian Falls.

Pembroke fire, Indian Falls fire, and City of Batavia Fast Team dispatched.

UPDATE 12:09 p.m.: Corfu dispatched mutual aid. Also, it's possible the fire is out.

UPDATE 12:14 p.m.: City fire can go back in service. Newstead fire requested to the scene. Additional manpower needed from Pembroke and Indian Falls.

UPDATE 12:16 p.m.: Newstead canceled.

UPDATE 12:18  p.m.: Fire is out. It was an electrical outlet in the kitchen. Health Department response requested because an extinguisher was used.

UPDATE 12:29 p.m.: Pembroke and Indian Falls back in service. The chief informs dispatch that staff was instructed not to use the kitchen until the Health Department inspector arrives.

Law and Order: Oakfield man accused of strangulation, assault

By Howard B. Owens
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      Michael Shetler

Michael Alan Shetler, 27, of Judge Road, Oakfield, is charged with two counts of second-degree strangulation, five counts of criminal obstruction of breathing, two counts of third-degree assault, unlawful imprisonment, 2nd, and two counts of criminal mischief, 4th. Shetler was arrested following an investigation by Deputy Kevin Forsyth and Deputy Richard Schildwaster into several complaints of domestic violence at a location on Main Street, Oakfield. Shetler was also charged with endangering the welfare of a child. He was jailed on $5,000 bail.

Nicole Leanne Williams, 25, of Kings Street, Albion, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Williams was stopped at 2:45 a.m. Sunday on Quaker Hill Road, Elba, by Deputy Howard Wilson.

Amy R. Sellhorst, 31, of Beaufort Street, Rochester, is charged with harassment, 2nd. Sellhorst is accused of hitting another person at a location on York Road, Le Roy, at 10:37 p.m. on Saturday.

Jason William Wolf, 41, of West Main Street Road, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, driving a vehicle without an interlock device, and improper left turn. Wolf was stopped at 8:23 p.m. Thursday on West Main Street Road, Batavia, by Deputy Richard Schildwaster.

Jaclyn Kathryn Blackmer, 32, of Cabot Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, open container, driving left of pavement markings, and moved from lane unsafely. Blackmer was stopped at 2:33 a.m. Saturday on Main Road, Pembroke by Deputy Mathew Clor.

Joseph M. Smith, 41, of State Street, Batavia, was arrested on a warrant. Smith posted bail and was released.

Alaysia L. Henderson, 18, of Gardiner Avenue, Rochester, was arrested on a warrant for alleged failure to appear. Henderson was released on $500 bail.

Christina R. Aaron, 21, of Rochester, is charged with unlawful possession of marijuana and speeding. Aaron was stopped by State Police at 11:51 p.m. Friday on Route 33, Bergen.

Heather M. Captain, 31, of Basom, is charged with harassment, 2nd. Captain was arrested by State Police in relation to an incident reported at 8:35 p.m. Aug. 27 in the Town of Alabama. No further details released.

Crystal D. Cardona, 27, of Bergen, is charged with unlawful possession of marijuana. Cardona was stopped by State Police at 1:55 p.m. Nov. 7 on Route 33, Bergen.

Car vs. deer accident with injuries reported on Main Road in Corfu

By Billie Owens

A car vs. deer accident with minor injuries is reported at 1315 Main Road, Corfu. Smoke is coming from a vehicle. Pembroke Fire Department is responding. The location is between Route 77 and Boyce Road. There is "debris all over the roadway," according to a first responder on scene.

Man pleads guilty in case of home improvements paid for, but work not completed

By Billie Owens

A 39-year-old former Alabama resident pled guilty to one felony and one misdemeanor this afternoon in Genesee County Court in connection with complaints about construction work paid for but not completed.

Dana Ryan, who used to live on Galloway Road but now lives on Pratt Road in Batavia, was originally charged with one count of fourth degree grand larceny in the Town of Batavia, and one in the Town of Pembroke; a misdemeanor charge of misappropriation of property is pending in Town of Batavia Court.

Under the terms agreed to today, he waived the specter of a grand jury indictment and pled guilty to a single count of grand larceny, 4th, and the pending misdemeanor property misappropriation charge.

The charges against Ryan, who completed the 11th grade, were brought in July after an investigation by the Genesee County Sheriff's Office following a complaint in Batavia and another in Pembroke. The victims told Investigator J.M. Graff, who was assisted by Deputy K.M. McCarthy, that they made payments to Ryan pursuant to construction contracts for work agreed upon but not completed.

They claimed payments made to Ryan for home-improvement contracts were not allocated into a proper account and the funds were used by the defendant for purposes other than the agreed upon work.

The Batavia native with close-cropped blond hair and a thin build, wore a black hoodie advertising a tree service company and gray jeans to court. Judge Charles Zambito asked Ryan if between Sept. 18, 2016 and May 15 he stole property in excess of $1,000 and Ryan said "Yes."

He faces maximum jail time of one-and-a-third to four years and agreed to pay total restitution of just under an estimated $9,000 to two victims -- one male and one female, who are under temporary orders of protection from Ryan until Oct. 31, 2018.

Zambito told Ryan that if he does not follow the rules, or make court appearances, or is uncooperative with the Probation Department, then he will be in trouble. Ryan can't get arrested or violate any conditions he is required to abide by, otherwise the terms of sentencing under the plea agreement are null and void; although the guilty plea would remain, the judge could impose a harsher sentence.

Genesee Justice has already notified the judge of some violations, one on Oct. 17 and another one before that, plus three assessment appointments were missed at Horizon Health Services.

Public Defender Jerry Ader told Zambito that the issue with Horizon was they had the incorrect client phone number, but that has been corrected and Ryan has an appointment with them on Monday.

"If I get one more notice I will revoke your supervision (under Genesee Justice pending sentencing) and you will go to jail (now)."

Ryan said he understood.

Sentencing is set for 2:30 p.m. on Wednesday, Jan. 3.

Law and Order: Postal carrier calls in suspicious activity, leads to drug arrest

By Howard B. Owens

Austin Lee Wester, 23, of Pratt Road, Batavia, is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. Police responded to the area of 21 Ross St., Batavia, at 11:13 a.m. Wednesday after a postal carrier reported observing a person who "appeared to be on something and suspicious." It was also reported that Wester walked around to the back of a residence and appeared to be casing the residence. He was jailed on $20,000 bail or $10,000 bond.

Stacey Lynne Ives, 38, of Angling Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and unreasonable speed. Ives is accused of driving a vehicle that struck a parked semi-trailer in the area of 2200 Angling Road, Pembroke, at 3:06 a.m. Sunday. When deputies arrived on scene, Ives was reportedly out of the vehicle and walking around. She was treated at the scene by Mercy EMS and released with no reported injuries. The accident was investigated by Deputy Ryan Young.

James M. Rossiter, 35, of Clifton Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, failure to signal, failure to use headlights, moving from lane unsafely. Rossiter was stopped at 1:04 a.m. Sunday on North Spruce Street, Batavia, by Officer Mitchell Cowen.

Michael J. DiFalco, 29, no permanent address, is charged with petit larceny. DiFalco was arrested on a warrant for an alleged theft that occurred at 7:30 p.m. Sept. 24 at 41 S. Main St., Batavia. He was jailed on $5,000 bail or $10,000 bond.

Danielle Elizabeth Cummings, 39, of Batavia Oakfield Townline Road, Batavia, was arrested on a warrant. Cummings was taken into custody at Wayne County Jail by Batavia PD and returned to the City of Batavia for arraignment in City Court. She was jailed on $2,500 bail. No information released on the charges contained in the warrant.

Geoffrey M. Anderson Jr., 52, of Wood Street, Batavia, is charged with criminal trespass and second-degree harassment. Anderson was allegedly in a building at Batavia Middle School without authorization at 10:14 p.m. on Friday. While being escorted from the building, Anderson allegedly pulled away forcefully from a security aide and made threatening statements.

Ryan N. Bartholomew, 23, of Adams Street, Batavia, is charged with disorderly conduct. Bartholomew is accused of directing obscene language at City of Batavia residents while in a vehicle in the area of 6 Orleans Ave., Batavia, at 3:44 a.m. Wednesday. 

Michael Charles Friedman, 60, of Quarry Hill Estates, Akron, is charged with DWI, driving with a BAC of .18 or higher, and possession of an open container in a vehicle. Friedman was stopped at 1:45 a.m., today, on Macomber Road, Alabama, by Deputy Mathew Clor.

Daniel Edward King, 41, of Alleghany Road, Pembroke, is charged with criminal trespass, 3rd, disorderly conduct, and unlawful possession of marijuana. King allegedly returned to Batavia Downs at 5:37 p.m. Saturday after being told to leave, and using obscene language causing public alarm. He was jailed on $1,000 bail or $20,000 bond.

Cindy M. Auberger, 54, of Keitel Road, Albion, is charged with felony DWI, drinking alcohol in a vehicle on a public highway, refusal to take a breath test, and unlawful of possession of marijuana. Auberger was allegedly found in a vehicle parked roadside at 12:37 a.m. Sunday on Clinton Street Road, Batavia, by Deputy Jenna Ferrando.

John A. Petronio, 35, of Long Bridge Road, Albion, is charged with criminal possession of a weapon, 4th, and unlawful possession of marijuana. Petronio was allegedly found in possession of an electronic stun gun at 1:57 a.m. Friday at a location on Lake Street Road, Le Roy.

Matthew Scott Williams, 29, of Hundredmark Road, Elba, is charged with petit larceny and auto stripping. Williams is accused of stealing catalytic converters from vehicles at a residence on Hundredmark Road, Elba. He is also charged with grand larceny, 4th, and falsifying business records, 1st. He is accused of selling a vehicle for scrap when he was not the owner of the vehicle had no night to sell the vehicle. He allegedly produced documents purporting to show he was the owner of the vehicle. The alleged theft was reported Sept. 28 on Clinton Street Road, Bergen.

Minnie M. Henry, 29, of Batavia, is charged with petit larceny. Henry was arrested by State Police for an alleged theft reported at 3:33 p.m. Aug. 22 at a location in the Town of Batavia. No further details released.

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