Electrical lines are reportedly sparking at 1076 Broadway Road, Darien.

Darien Fire Department is responding.

UPDATE 9:09 p.m.: Darien Fire back in service.

View Larger Map

At 8:35 p.m., the National Weather Service issued a severe thunderstorm warning for Genesee County.

The warning is in effect until 9:30 p.m.

The storm is capable of producing quarter-size hail and winds in excess of 60 mph.

The storm is producing cloud-to-ground lightening. 

The weather service warns, "Lightning is one of nature's number-one killers. If you can hear thunder, you're close enough to be struck by lightning."

A two-car accident with injuries is reported at Byron Road and Route 262.

Byron and South Byron fire are responding. First responder requests Mercy EMS advanced life-support ambulance to respond.

UPDATE 8:43 p.m. (by Howard): Two sign offs. No ambulance transport. Byron and South Byron back in service.

BATAVIA, NY -- On the first Leandra's Law interlock-device case to go through Genesee County Court, there were some bugs in the bureaucracy to be worked out.

First, the case of Joshua P. Garcia was delayed from the morning to the afternoon so State Probation form DPCA-520 BAL-IID could be filled out. That form is titled "Vehicle Operation and Access By Others," and contains a description of the vehicles a person convicted of DWI could drive.

Garcia, an Erie County resident charged with DWI on Dec. 20, filled out the form originally with two vehicles, but then decided to turn in the plates on one and it was scratched from the form. 

Even so, the county has its own form, and it asked for two pieces of information not on the state form -- vehicle color and the license plate number. Since that form surfaced in court this afternoon, a deputy had to call dispatch and read the VIN number off the DPCA-520 BAL-IID form to a dispatcher and get the plate number.

Then, Garcia's attorney, Jerry Ader, petitioned the court for a hardship waiver so his client wouldn't have to pay for the interlock device. That form had to be filled out in triplicate and handed to the court at the time of sentencing, even though Judge Robert C. Noonan would be ruling on the matter in the same hearing.

In the end, Noonan found that Garcia's $25,000 annual salary was sufficient to pay for the device -- even with the fines for this DWI, a recent DWI conviction in Erie County plus probation fees there. The judge sentenced Garcia to five years probation and 90 days intermittent incarceration.

Noonan said he didn't find Garcia "indigent enough" to waive the interlock-device fees, which judges can do under terms of Leandra's Law.

Garcia, a stepson of Joseph Benaquist, the Pembroke resident murdered by Scott Doll in February, 2009, said he has been through a lot recently and turned to drinking because of the stress.

"Now I see that alcohol has brought problems into my life," Garcia said. "I’m done with alcohol."

Under sentencing guidelines, Noonan had few options, but said, "I have enough faith in you to give you a try on probation."

Ader asked that the interlock-device requirement be delayed until Garcia is eligible for a conditional driver's license.

According to his reading of the law, Ader said, he believed Noonan had the discretion to set a later date for installation.

"It makes no sense when my client does not have license," Ader said. "If he gets behind the wheel of a car while on probation, he’s committing a felony."

But the law also requires the device be installed within 10 days of sentencing, which is what Noonan required.

Contractors working for the state Department of Transportation began working on Ellicott Street, Batavia, this morning.

A 1.7-mile stretch will be milled and resurfaced. By the end of the project, the four-lane roadway will be reduced to three lanes and bike lanes will be added.

Mercy Flight has been dispatched to the Bethany Fire Hall to pick up a man who fell off a ladder.

He reportedly fell 15 feet, but was conscious following the accident.

It occurred on a farm off Route 20 in Bethany.

He was flown to Strong Memorial Hospital.

(UPDATED 12:48 p.m.)

It's been a year since Mercy EMS was established in Genesee County, and during that time Mercy has responded to 4,767 calls in the county.

During the same period, Mercy Flight has been put in the air for medical missions 92 times. There were 166 requests for the helicopter.

In the prior 12 months in Genesee County there were 151 requests and 83 flights.

"As you can see there was no significant change in air transports," said Mercy VP Margaret Ferrentino in an e-mail response to a question about comparable data. "This data along with results of our internal system wide utilization reviews supports appropriate use of resources."

In a statement, Ferrentino said: "We are extremely proud of the men and women at Mercy EMS; their commitment to the community and their dedication to our mission has been outstanding.

“We value the partnerships that have developed with the hospital and agencies throughout the county. The resulting teamwork allows us to effectively provide critical service to those who live, work or play in Genesee County.”

Mercy employs 51 people and has seven ambulances and three paramedic cars in service in Genesee County. 

When Mercy EMS launched on Sept. 1, 2009, the organization hired 57 people. Of those, 43 are still with Mercy.

From the press release:

“To support our patient care focus, we continue to add equipment assets and strive to provide the best work environment possible for our employees,” said Douglas H. Baker, Mercy Flight’s CEO and founding president.

Alexander Agapii, 31, of Penfield, is charged with sexual abuse, 3rd. Agapii is accused of touching a 14-year-old girl without her consent while on the Lazy River Ride at Darien Lake. Agapii was jailed on $250 bail.

(name redacted upon request), 24, of Tracy Avenue, Batavia, is charged with two counts of criminal contempt. xxxx is accused of getting into an argument with his girlfriend. He allegedly "racked" a shotgun and pointed it at her. After the incident was reported, a warrant was issued for his arrest. He later turned himself in.

Bernard A. Buckenmeyer, 46, of Alexander, is charged with DWI and driving with a  BAC of .08 or greater. Buckenmeyer was stopped by State Police at 9:25 p.m., Sunday, on Hunn Road in Alexander.

A 21-year-old Pennsylvania woman was charged with DWI following a single-car accident on Main Road in Pembroke on Monday morning.

Jessica A. Franks, 5109 Bellvedere Road, Tobyhanna, Pa., allegedly failed to reduce her speed as her car entered a curve causing it to leave the roadway and strike a mailbox and its post.

The mailbox and post went airborne and struck a parked car. Franks' car then continued westbound striking two trees and a utility pole.

Franks was taken by ground ambulance to ECMC. The accident occurred at 5:41 a.m. in the area of 607 Main Road.

Franks' passenger, Darcie L. Myers, 21, was not injured.

The accident was investigated by Deputy Howard Carlson.

A caller reported seeing black smoke coming from a residence on East Main Street.

A first responder says the smoke is coming from the second floor of 318 E. Main St., Batavia.

A second alarm has been requested.

UPDATE 12:55 a.m.: On scene, whatever fire there was -- and there was clearly a fire -- was extinguished pretty quickly. Fire personnel were overheard saying the apartment where the fire was located was vacant, but questions about the fire were referred to Chief James Maxwell, who was not on scene. The building has six mailboxes. There was no evidence that any residents were home, and the open upper windows gave the appearance of vacant apartments or offices. Firefighters forced access into the doors of the front office, and upstairs spaces as well as the basement, to check for any additional fire. A few minutes ago, an investigator on scene (heard over the scanner) asked to speak to the original caller.

MORNING UPDATE: The fire caused an estimated $20,000 in damage. The fire was in the kitchen with extension up an interior wall. In this morning's press release, there is no mention of cause or origin. Confirmed, the building was vacant. The fire is under investigation by the police and fire departments.

View Larger Map

Law enforcement has been dispatched to Galloway Road near Macomber Road, Oakfield, for a report of a longhorn cow or steer (unknown which) laying in the road.

The dispatcher said there were previous calls about a longhorn loose in the area, but now it's apparently laying in the roadway.

UPDATE: The owner was able to retrieve the animal.

A tractor-trailer reportedly hit a utility pole at 108 N. Main St. in Oakfield and kept going.

The power line is not down completely, but it's lower in the roadway, according to a deputy who responded.

The original caller was trying to catch up with the truck and alert the driver to the accident.

Oakfield Fire is being dispatched.

View Larger Map

There was no annual Labor Daze in Oakfield this year, but that didn't stop the community from coming together for a Labor Day picnic in the community park. It featured live music, food, games, crafts and lots of neighborly chatter.

More pictures after the jump:

Law enforcement is in route to the village of Oakfield where reportedly a large group of youths have gathered and may start fighting.

"There's just pushing and shoving right now," according to dispatch.

The group has gathered at Weber and Main.

UPDATE 5:57 p.m.: The group was breaking up just as deputies arrived. A deputy is talking with at least one of the subjects.

UPDATE 6:15 p.m.: All units back in service. No arrests.

At 4:35 p.m., City Fire responded to a report of a fire at 216 Ellicott St., Batavia. A caller reported smelling and seeing smoke. A person may have been yelling, "fire."  It turned out to be a stove fire that was extinguished before city crews arrived. The building was ventilated and City Fire was back in service by 5:05 p.m.

They could call the team the Albany ValleyCats, but that's not a popular city in New York these days. Instead, they're the Tri-City ValleyCats, and that's who the Batavia Muckdogs will play in the first round of the NY-Penn League playoffs.

Tuesday's first game is in the ValleyCat's home park, which is on a college campus in Troy.

Games two and three (if a third is necessary) are at Dwyer Stadium. Both games are scheduled for 7:05 p.m.

Tri-City finished the regular season with a record of 38-36 to win the Stedler Division. The Muckdogs took the Pinckney Division crown with a record of 45-29. Brooklyn comes into the playoffs with the most wins in the season with 51. The Jamestown Jammers grab the wild card spot with a record of 43-32.

The Muckdogs will come into the game fresh off a win against Auburn, beating the Doubledays 7-0 in a Sunday afternoon match-up.

Starter Nick McCully (pictured, file photo), pitched six scoreless innings, giving up six hits to move his record to 4-2.

Matt Valaika and Jon Edwards each had two RBIs on two hits. Audry Perez, Joey Bergman and Pat Biserta also had two hit games.

Nick Longmire finished the season in the top 10 in seven offensive categories: Second in runs scored with 53; seventh in hits with 76; sixth in triples with 7; fifth in homers with 9; third in RBIs with 55; fifth in total bases with 128; and eighth in slugging percentage at .483.

Jon Rodriguez finished: third in homers with 12; 10th in RBIs with 40; sixth in total bases with 122; and seventh in slugging percentage at .500.

Audry Perez finished seventh in RBIs with 47.

Victor Sanchez finished sixth in doubles with 19.

Joey Bergman finished eighth in on-base percentage at .400.

In pitching, Zach Russell had the ninth best ERA at 2.93.

Jose Rada, who was called up earlier in the season, had 10 saves while in Batavia, which was the sixth best in the league.

Justin Edwards (77 1/3) and Andrew Moss (75 1/2) were seventh and eighth, respectively, in innings pitched. Also, Edwards was fourth in strike-outs with 66, and Moss was eighth with 61.

Moss's eight wins were tied for second in the league.

If you like good wine, you'll love a new event coming to downtown Batavia in early October. The premier of the "Taste of Fall Wine Walk" will introduce you to 15 of the finest wines produced in Western New York.

And it will give you a chance to take your own sweet time visiting 15 participating businesses and see what they have to offer. Mark your calendar for Saturday, Oct. 2, anytime from 5 until 9 p.m.

Tickets are $15. The Wine Walk ends with a raffle for prizes.

It is sponsored by the Batavia Business Improvement District (BID) in partnership with the Genesee County Chamber of Commerce.

The self-guided tour begins at the chamber office -- at 210 E. Main St. -- where each person will be given an etched wine glass and a program to guide them from location to location.

There will be plenty of hors d'oeuvres to sample along the way, too.

In preparation, businesses will be going autumnal in decor. BID Executive Director Don Burkel said that he and the BID Promotional Committee hope to get started with decorating after Sept. 11.

Burkel also said that anyone who'd like to help decorate is more than welcome.

"Just give us a call," he said, adding, "We'd like to see the businesses get creative with this. For example, each business might have a different type of scarecrow to distinguish itself."

Michael Anthony's Salon & All-Star Barbershop is way ahead of things. The proprietor has gone well beyond scarecrows, creating stunningly beautiful wreaths and floral arrangements that he made himself. He also sells the needful beauties. Many are on display in the salon and he crafts custom-made ones as well.

The impetus behind the Wine Walk, according to Dawn Ireland-Monsees, the chamber's tourism information coordinator, is to promote Batavia as "a great place to be in the Fall."

"It's also a great social opportunity and a reason for people to get together in small groups," Ireland-Monsees said. "Wine tours have always proven to be very popular."

Did you know that Western New York is second only to California in wine-grape production in the United States? And it offers wines that can stand up to long-famous European vintners, particularly its white varieties.

The regional portfolio includes perennial favorites like Chardonnay and Cabernet Sauvignon, but also Gewurztraminer, Viognier, Pinot Gris, and more.

Forget about "forward" "nose," "finish" and other wine terminology used by aficionados. Most wine experts say a good wine is simply one you enjoy. Price does not necessarily dictate taste.

Tickets can be purchased on the evening of the event, in advance at the chamber or at these businesses:

• Adam Miller's Toys & Bicycle, 8 Center St.
• Michael Anthony's Salon, 43 Jackson St.
• Next Level Fitness, 85 Main St.
• The Daily Grind, 85 Main St.
• Valle Jewelers, 21 Jackson St.

You may also reserve your tickets by calling the BID at 344-0900 or the chamber at 343-7440.

For more information, visit www.downtownbataviany.com.

James C. Oehler, 18, of Route 19, Bergen, is accused of possession of stolen property, 5th. At 9:16 p.m., Sunday, Oehler was allegedly found in possession of a dirt bike that was reported stolen from a residence in the Village of Bergen on July 25.

James Anthony Marchegiano, 22, of Westside Drive, Chili, is charged with a DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Marchegiano was stopped at 11:36 p.m., Friday, on Sumner Road by Deputy Chad Minuto. Marchegiano was allegedly observed driving his car in an erratic manner in the parking lot following the Rascal Flatts concert at Darien Lake.

Grant Arnold Sundown, 46, of Skye Road, Tonawanda Indian Reservation, is charged with criminal mischief. Sundown allegedly punched another person in the head. When that person attempted to call 9-1-1, Sundown allegedly ripped the phone line from the wall while the caller was on the phone with Genesee County Emergency Dispatch.

Steven James Scott, 19, of Ford Road, Elba, is charged with trespass and unlawful possession of alcohol by a person under 21. Scott was allegedly on the property of College Village at 12:52 a.m., Friday, without permission.

Narciso Gullen, 36, of Route 98, Elba, is charged with possession of a forged instrument, 2nd. Gullen allegedly tried to use a forged federally issued residency card. He was jailed on $10,000 bail.

Richard Anthony Orlando, 31, of Cable Street, Buffalo, is charged with criminal mischief and unlawful possession of marijuana. At 12:30 a.m., Sunday, deputies responded to a report of a verbal domestic incident at a campsite in Alexander. Orlando allegedly smashed a television set and a fan and turned over a refrigerator. Orlando was jailed on $150 bail.

Joseph Aaron Monkelbaan, 38, of Pratt Road, Batavia, is charged with trespass. Monkelbaan is accused of going onto a neighbor's property at 7:21 p.m., Friday, without permission and causing a disturbance.

Kevin A. Hutzler, 21, of Darien, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Hutzler was stopped by State Police at 8:41 p.m., Thursday, on Colby Road.

Anthony R. Cogdill, 40, of Darien, is charged with DWI and driving with a BAC of .08 or greater. Cogdill was stopped by State Police at 9:23 p.m., Thursday, Harper Road, Alexander.

Richard J. Rookey, 77, of Batavia, is charged with DWI, aggravated DWI and moving from lane unsafely. Rookey was stopped by State Police 8:14 p.m., Wednesday, on Clinton Street and East Avenue.

James V. Wells, 25, of Batavia, is charged with resisting arrest and disorderly conduct/obscene gestures. Wells was arrested by State Police at 12:24 a.m., Wednesday at College Village. No further details were released.

Two people were hurt Saturday on Ellicott Street Road when a car making a left-hand turn into a church parking lot was hit by another car from behind, pushing the first car into the path of two motorcycles.

The driver of one of the bikes was ejected and injured.  The driver of the car making the turn was also injured.

The bike rider was taken by Mercy Flight to Strong and the other driver was taken to UMMC.

The second driver was accused of following too closely.

The accident occurred just before 3 p.m.

The State Police report the following people were involved:

Driver 1: Neil Anthony Bingham, 26, of Castile

Driver 2: Joan M. Dowdell, 71, of Batavia

Driver 3:  Jeffery H. Maurer, 55, of Maspeth, N.J.

Driver 4: Joseph Paskas, 43, of North Arlington, N.J.

The State Police report did not specify who was injured.

(initial report)