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Thursday, August 29, 2013 at 4:03 pm

Updates on four critically injured people

post by Howard Owens in batavia, bergen, corfu, Darien

In the past few weeks, we've had four people hospitalized with serious injuries. Here's what we know about them today.

  • Jason McNeil: McNeil's health is improving according to a Facebook post by his wife. He may be able to return home soon. McNeil was hit following the Kid Rock concert at Darien Lake Performing Arts Center on July 6. Craig Lawson was recently indicted on a charge of assault, 2nd, and is scheduled to be arraigned on the charge next week.
  • Benjamin L. Falker, 16, was critically injured in an ATV accident Aug. 3. He remains listed in serious condition at ECMC.
  • Ashley M. Stillwell, 19, was a passenger on a motorcycle driven by her boyfriend Derek Sheldon when the bike struck a car at the intersection of Selden and West Bergen roads. Sheldon was killed in the accident. Stillwell was transported with serious injuries by Mercy Flight to Strong Memorial Hospital. As of today, Strong does not have Stillwell listed as a patient and we have no further information.
  • Scott Baker, 51, was critically injured during an apparent fight Sunday night on Harvester Avenue. He remains in a coma, listed in critical condition, at ECMC. Shane M. Bell is accused of hitting Baker and is charged with felony assault.

UPDATE 5:05 p.m.: We were contacted by State Police and told Stillwell remains a patient at Strong, regardless of Strong's patient record which does not list her.

UPDATE: Since the last update, I had another conversation with Trooper Victor Morales, Troop A's PIO. He said Stillwell is doing well. She's listed in good condition at Strong and could be released from the hospital soon. She suffered a broken pelvis, broken back and fractured knee cap. The accident reconstruction is not complete, but investigators believe that speed was not a factor. Stillwell does not remember them speeding prior to the accident, but even if they were, the other driver had clear visability for at least a mile down the road. At this point in time, no citations have been issued.

Tuesday, August 20, 2013 at 5:59 pm

Grand Jury Report: Alleged assailant at Kid Rock concert now charged with felony

post by Howard Owens in batavia, bergen, crime, Darien, Grand Jury

Craig M. Lawson is indicted on one count of assault in the second degree, a Class D felony. The indictment accuses Lawson of hitting another person with intent to cause serious physical injury. Lawson allegedly hit Jason McNeil following the Kid Rock concert at Darien Lake Performing Arts Center on July 5. McNeil suffered a serious head injury when he fell to the ground and remains hospitalized at ECMC. Lawson, a Canadian who was originally arrested on a misdemeanor charge, is out of jail on $1,000 bail. He is scheduled to be arraigned on the felony charge Sept. 3.

Felipe R. Fernandez is indicted on a count of aggravated unlicensed operation in the first degree.  Fernandez is accused of driving a motor vehicle on May 8 in the Town of Batavia while knowing that his license to operate a motor vehicle was revoked with 10 or more suspensions.

Hector A. Leon-Figueroa is indicted on a count of criminal possession of marijuana in the third degree, a Class E felony. Leon-Figueroa is accused of possessing more than eight ounces of marijauna March 10 on the Thruway in the Town of Bergen.

Jimmy T. Garcia Jr., is indicted on a count of grand larceny in the fourth degree. Garcia is accused of of stealing $3,010 sometime between Aug. 24 and Aug. 29 in the Town of Batavia.

Tuesday, August 13, 2013 at 9:28 am

Law and Order: Seven Springs resident charged with harassment after argument with neighbor

post by Howard Owens in batavia, bergen, Bethany, corfu, crime, Oakfield

Joseph Andrew Hernick, 64, of Seven Springs Road, Batavia, is charged with harassment, 2nd. Hernick is accused of being verbally abusive and attempting to be physically intimidating toward a neighbor.

James A. Hancock, 44, of 318 E. Main St., Apt. 6, Batavia, is charged with aggravated criminal contempt. Hancock allegedly violated an order of protection while having a prior criminal contempt conviction within five years.

Patrick O. Spikes, 32, of 16 Hutchins Place, Batavia, is charged with criminal mischief, 3rd. Spikes is accused of damaging property of another person valued at more than $250 during an alleged incident on Holland Avenue at 2:30 a.m., Saturday.

Keluan B. Williams, 24, of 109 Summit St., Apt. 2, Batavia, is charged with acting in a manner injurious to a child less than 17 years old. The alleged incident was reported at 3:30 p.m., Saturday. No further details released.

Danny D. Williams, 24, of 18 East Ave., upper, Batavia, is charged with aggravated unlicensed operation and consuming alcohol in a motor vehicle on a public highway. Williams was allegedly found driving at 6:54 p.m. Saturday on Hutchins Place by Officer Chad Richards. At the time of the traffic stop, Williams allegedly had an open can of Natural Light beer in the driver's side cup holder.

Brandi A. Watts, 32, of Indian Falls Road, Corfu, is was arrested on a warrant yesterday following a court appearance on an unrelated matter. Watts is accused of failure to pay a fine on an overnight parking ticket in the City of Batavia.

Eric Alexander Ion, 40, of Brant Road, Brant, was arrested on bench warrants related to charges of criminal contempt, 1st, and assault, 3rd. Ion is accused of failing to appear on these charges. Ion is currently being held on bail in the Genesee County Jail on matters in Family Court.

Faith Brenda Obeirne, 45, of Mt. Read Boulevard, Rochester, was arrested on warrants for alleged petit larceny and criminal possession of a controlled substance. Obeirne was arrested by Rochester PD and turned over to the Sheriff's Office. Obeirne was jailed on $1,000 bail.

Conor Patrick Wilkes, 25, of Lewiston Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Wilkes was stopped at 1:31 a.m. Saturday on Veterans Memorial Drive, Batavia, by Deputy Patrick Reeves.

Justin Joseph Caryl, 26, of Maple Street, Batavia, is charged with petit larceny. Caryl is accused of stealing $25.94 in merchandise from Walmart.

Jake Philip Myers, 23, of Maple Avenue, Oakfield, is charged with DWI, driving with a BAC of .08, failure to keep right and no or inadequate headlights. Myers was stopped at 1:48 a.m. Saturday on Edgerton Road, Elba, by Deputy Joseph Corona.

Evelio Rodriguez-Santiago, 46, of Bergen, is charged with petit larceny. Rodriguez-Santiago is accused of stealing an item of value at a location on Church Street, Bergen, at 6:15 p.m., Saturday. Rodriguez-Santiago was arrested by State Police. No further details released.

Timothy J. Poblocki, 24, of East Bethany, is charged with DWI and driving with a BAC of .08 or greater. Poblocki was stopped at 1:45 p.m. Sunday on Route 20, Alexander, by State Police.

Jennifer N. Bujnowski, 39, of Batavia, is charged with petit larceny. Bujnowski is accused of shoplifting at Walmart.

Sunday, August 11, 2013 at 11:08 am

Motorcycle wreck on Lyman Road, Bergen

post by Billie Owens in accidents, bergen

A motorcyclist has crashed and is injured at 7162 Lyman Road in Bergen. Mercy medics and Bergen fire are responding. The location is between West Bergen and Beaver Meadows roads.

UPDATE 11:13 a.m.: The rider of the black Suzuki is a male who is conscious and alert but has numerous scrapes and scratches to his head and legs.

UPDATE 11:18 a.m.: One of the lanes of traffic is blocked.

UPDATE 11:36 p.m.: The patient is being transported to Strong Memorial Hospital. Someone is coming to remove the motorcycle from the roadway. The Bergen assignment is back in service.

Thursday, August 8, 2013 at 7:05 am

Accident reported on Buffalo Road, Bergen

post by Howard Owens in accident, bergen

At least one person is injured following a motor-vehicle accident in the area of 21 Buffalo Road, Bergen

A person is reportedly down in the roadway.

Bergen Fire Department and Mercy EMS responding.

Two ambulances requested to the scene. Both vehicles had air bag deployment. No obvious injuries.

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Wednesday, August 7, 2013 at 11:11 am

Derek Sheldon remembered with tears, laughter and duck calls

post by Howard Owens in bergen

Derek Sheldon lived life wide open.

Among some friends, he was known as WFO (what the F means should be obvious).

In his 19 years, to hear his friends and family tell it, he lived more of life than many of us will live in 80.

He was a teller of tall tales who loved to hunt. He loved his red truck and red tractors ("if it's not red, it belongs he the shed"). He endured more than one trip to a hospital emergency room after one accident or another.

But he always came out smiling.

Sheldon was remembered Tuesday night during in a candlelight memorial at the intersection where he lost his life Sunday. He was remembered with tears, laughter and duck calls.

"Derek, we love you," the 150 or so friends and family yelled toward the heavens, candles held high, near the end of an hour of stories about his life's adventures.

"I've thought of texting him and telling him 'you don't know how many people are here who miss you so much and love you so much,' " said Amy Fagan, who recalled meeting him while ice skating in 7th grade.

"He was shorter and had braces and he asked everybody for my number," Fagan recalled. "We've been inseparable ever since."

His stepfather, Steve Lashbrook, said Derek was fearless with a gift for calling in geese and ducks and hitting his limit.

One winter day, Lashbrook recalled, he and others in his blind hadn't gotten their limit and Derek called him on his phone and said he had his, so Lashbrook told him to come over and help them out so they could get out of the cold weather.

Derek climbed in the blind and said, "Dude, I've got this. Go back to the truck."

Lashbrook didn't even get back to the truck before Derek had three kills.

There were other stories of Sheldon taking over the blinds of other people and quickly hitting the limit.

"He was lucky and he was good and that makes a hell of a combination," Lashbrook said. "Like I said, he had no fear. He had all the confidence in the world that he was going to get his birds every day. He didn't get his birds every day. Nobody does, but he did it more often than a lot of us. The kid had a gift. There's no doubt about it."

Derek was the kind of guy who was a better softball player in work boots than he was in baseball cleats, one friend said, or would strip down to his shorts on a winter day and cross a creek to retrieve a deer he had just killed.

Several people remembered the time he rolled his blue pickup truck. He wasn't seriously injured, but he still was taken to the emergency room.

When a friend arrived, Derek was smiling and said, "I need my phone. I'm looking for my phone."

"What, you need to get ahold of your family?"

"No, my family's here. I need to find a new diesel. I'm looking for a new diesel. That truck's totaled."

His hunting prowess was displayed both in his kills and in the tales he told.

His brother, Trevor remembers being out with him one time bow hunting and they were talking on radios. Neither had seen anything. Five minutes later, Derek radios, "I just killed a buck."

Trevor was incredulous. Five minutes ago, there was nothing, and now you're saying you killed a buck? "Yeah, dude, I put my radio down and looked down and there was this buck right under my stand. I put the radio down and picked up my bow and I shot him."

Sure enough, when Trevor came over to Derek's location, there was Derek cradling a big rack.

"Another time he asked me, 'how many did you see?'  I said, 'one or two,' and he said, 'I had this whole herd come right under my stand. There was like this 10-point and then this 12-point right next to him.' 'Why didn't you shoot? 'Well, that's the thing ...' and there was always a story."

"There was always a story," added his mother Karen Lashbrook.

Which brings us to the story of the woodchuck on Cockram Road.

Derek and some friends were out riding around in a red Neon when Derek spotted a woodchuck by the side of the road. He wanted to shoot it, and Trebor asked, "well, what's your plan." 

Derek wouldn't say, but Trevor said, "He always had a plan. He just wouldn't always tell you."

So they drive by and pull along side the woodchuck. Derek pulls out his gun and starts blasting. Bang, bang, bang.

Just then, the driver looks in the rear view mirror and there's a car behind them. "He's grabbing all the gears," Trevor says of the driver.

"I'm like, 'Derek, are you crazy?' He's like, 'I think I got him. Let's go back. I think I got him.' I was like, 'We've got to hide the Neon. We've got to get out of town.' I'm like, 'this is absurd. What are you thinking?' I had no idea what he was going to do. I said, 'you're crazy.' He was like, 'No, I know I killed it. We've got to go back.'"

Amy asks, "is that when the Neon went into hiding?"


Trevor continues, "It was like two months later and I'm with Mr. Pollock, our substitute teacher. We were in the computer lab, and he comes up to me, 'Hey, you don't do any road hunting, do you?'"

"No, I don't road hunt, what are you talking about?"

" 'Craziest story,' he says. He said, 'I was with my wife, we're coming back from the mall, and you know Cockram Road, right?' I'm like, 'oh, no.'  He says, 'we're following this little red car and my wife says, 'there's guns in that car,' and this idiot has no idea we're behind him because someone just sticks a gun out the window and he just starts shooting.' "

"I'm like, 'NO WAY!' "

" 'Yeah,' he says, 'it was the craziest thing. He just kept shooting and then all the sudden they must have realized I was behind him because they took off. They had to be doing 100 miles per hour.''

"I'm like, "WOW!, no way.'" 

" 'I know you hunt and I thought it might be you, and I said, 'little red car? We don't drive little red cars. We drive pickup trucks.' " 

" 'Well, I didn't think it would be you.' " 

"No, I never heard of such a thing before."

It was another story that brought peals of laugher from Derek's friends and family. 

As the stories wound down, his mother said, "I appreciate all of you being here and sharing in his life. We should remember the good times."

Calling hours are today from 3 to 7 p.m. at H.E. Turner, 51 S. Lake Road Bergen. Derek's funeral is at 3 p.m., Thursday, at the First Presbyterian Church, Bergen.

Ashley Stillwell, Derek's girlfriend, who was a passenger on his bike at the time of the accident Sunday, remains in critical condition at Strong Memorial Hospital. She's been through 17 hours of surgery so far. She did receive visitors yesterday.

Derek Sheldon's family.

Derek Sheldon's close friends. "The Crew" is (not in order): Andy Underhill, Justin Beverly, Jake Maurer, Jamie Maskell, Amy Fagon, Austin Richardson, Mason Muoio, Trevor Wasman, Zachary Gillard, Steven Underhill, Cody Naylor, Evan Cole, Casey Cole, Andy Boyce, Khari Sabb, Josh Lathan, Mike Richard, Shawna Adams, Whitley Stefaniak and Clayton Lovelace.

Sunday, August 4, 2013 at 6:13 pm

Young man from Bergen killed in motorcycle accident in Le Roy, passenger seriously injured

post by Howard Owens in accident, bergen, Le Roy

A 19-year-old resident of Bergen died today, and his 19-year-old friend was seriously injured when the motorcycle they were on slammed into a seden at the intersection of West Bergen Road and Selden Road, Le Roy.

Derek K. Sheldon was pronounced dead at the scene.

Ashley M. Stillwell was transported by Mercy Flight to Strong Memorial Hospital where she is listed in critical condition.

Sheldon was driving his 2005 Suzuki motorcycle north on West Bergen Road when a 2011 Chevorlet Cruze apparently made a left turn onto Selden Road from West Bergen Road.

The motorcycle hit the car on the passenger side and both Sheldon and Stillwell were ejected from the motor bike.

State Police said both Sheldon and Stillwell sustained multiple injuries.

The driver of the Cruze is identified as Marilyn A. Brassie, 50, of Bergen. She was uninjured but clearly distraught following the accident.

No further details about the crash have been released, which remains under investigation. No charges have been filed pending completion of the investigation.

Sheldon's Facebook page quickly filled with messages from grieving friends this afternoon. According to the page, Sheldon worked for MY T Acres and Triple P Farms.

The NYSP Collision Reconstruction Team responded to the accident.

The Sheriff's Office, Le Roy Fire andLe Roy Ambulance assisted at the scene.

Tuesday, July 30, 2013 at 8:39 pm

Possible house fire reported off Route 33, south of Route 19, Bergen

post by Billie Owens in bergen, fire

A possible house fire is reported off Route 33, just south of Route 19. Bergen fire is responding.

UPDATE 8:40 p.m.: A call back reports that the fire appears to be a controlled burn at 7062 Route 19. The fire department is continuing to confirm.

Tuesday, July 30, 2013 at 1:01 pm

Ornery woodchuck causing problems on Maple Avenue, Bergen

post by Billie Owens in animals, bergen

An officer from the Sheriff's Department was dispatched to a residence on Maple Avenue in Bergen in an effort to resolve a problem with a belligerent woodchuck.

It attacked the family dog and has taken up residence in a sandbox on the property.

For now, the critter has moved along. But it likes the sandbox and may return.

Monday, July 29, 2013 at 10:43 am

Law and Order: Man accused of stealing electric shopping cart from Walmart

post by Howard Owens in batavia, bergen, Bethany, corfu, crime, Darien, walmart

Kyle Jackson, 21, of Slusser Road, Batavia, is charged with grand larceny, 4th. Jackson allegedly drove an electric shopping cart across the Walmart parking lot, onto Route 63 and into the parking lot of Rite Aid at 4:30 a.m., June 12.

Douglas G. Goodwin Jr., of 130 Bank St., Batavia, is charged with offering a false instrument, 2nd, grand larceny, 4th, and criminal mischief, 3rd. Goodwin is accused of entering an apartment and stealing a hot water tank, gas and water lines and other items. Goodwin was jailed on $10,000 bail.

Foster M. Brandt, 22, of 20 Tracy Ave., Batavia, was arrested on warrants for obstruction of governmental administration and criminal mischief, 3rd. Brandt was jailed on $2,000 bail.

Christina A.M. Deluna, 33, of 122 State St., Batavia, is charged with harassment, 2nd. Deluna was arrested by Batavia PD following an investigation into a domestic incident reported at 6 p.m, Friday.

Angela S. Bianco, 42, of 137 State St., Batavia, is charged with petit larceny. Bianco was allegedly seen on security footage at Sav-A-Lot taking a Red Osier billfold belonging to another customer.

Bryon Gilbert Keller, 18, of Sumner Road, Corfu, is charged with petit larceny. Keller is accused of stealing a laptop computer from a residence in Darien.

Frank Lyman Stanton, 32, of Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and no/inadequate exhaust system. Stanton was stopped at 12:32 a.m. Sunday on South Lake Road, Bergen, by Deputy Patrick Reeves.

Joshua Todd Fullmer, 20, of West Main Street Road, Batavia, is charged with criminal possession of a weapon, 4th, and unlawful growing of marijuana. At 5:48 p.m., Saturday, deputies responded to a report of a fight at 3124 W. Main Street Road, Batavia. Upon investigation, Fullmer was allegedly found in possession of brass knuckles and had several marijuana plants growing on his property.

Joshua Christopher Uptegrove, 27, of Meadville Road, Alabama, is charged with harassment, 2nd. Uptegrove allegedly pushed another person during an argument.

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