Recent Genesee County Grand Jury indictments:

Christopher J. Elmore, indicted on a charge of criminal possession of a forged instrument. Elmore is accused of trying to pass a counterfeit $10 bill on Sept. 22, 2009. (Previous report on Christopher J. Elmore).

Paul D. Berggren, indicted on a charge of rape, 3rd. Berggren is accused of being older than 21 and engaging in sexual intercourse with a 14-year-old female on or about Aug. 30, 2009.

Kyle D. Faron, indicted on a charge of DWI and driving with a BAC of .08 or greater. Faron is accused of driving drunk on Akron Road in the Town of Pembroke on Jan. 23, 2010.

Wesley A. Ground, indicted on a charge of DWI and driving with a BAC of .08 or greater. Ground is accused of driving drunk on Akron Road, Pembroke on Feb. 4, 2010.

Adam D. Pattridge, indicted on a charge of DWI driving with a BAC of .08 or greater. Pattridge is accused of driving drunk on Route 19 in the Town of Le Roy on March 24, 2010.

I've passed this barn many times thinking I need to get a picture.  Today, I did.  It's at the junction of Route 63 and Bethany Center Road -- either in Bethany or Batavia, not sure which town.

Today, Pachuco went for a walk in Genesee County Park -- great place to walk with a dog and a camera.

I happened to be out to Lei-Ti Campground (on Francis Road, Batavia) this morning and while there strolled over to the miniature golf course and snapped these two pictures.

Here's a news release from Genesee Community College:

The Board of Trustees voted earlier this week to hold tuition at current rates for the 2010-2011 academic year.

Under the plan, tuition will remain $1,700 per semester (or $3,400 per year) for full-time students. Tuition for part-time students will remain $140 per credit hour.

This is the second year that trustees have held the line on tuition. Trustees cited challenging economic conditions faced by students and families as the reason for the decision.

The flat tuition rate is part of the $34.191 million "maintenance-of-effort" budget approved by the board for the upcoming academic year. The new budget, 3 percent  more than the 2009-2010 budget, keeps all college programs intact and permits the creation of new academic programs in Veterinary Technology and Polysomnographic Technology.

The budget now goes to the Ways and Means Committee of the Genesee County Legislature, which will review the plan prior to consideration by the full Legislature. The Genesee County Legislature is the college's sponsor.

Genesee County's contribution to the college under the 2010-2011 budget would be $1.936 million, the same as the 2009-2010 contribution. The county's contribution would account for 5.7 percent of the college's operating budget.

Are you ready for some baseball?

The Dwyer Stadium Box Office opens at 10 a.m. on Saturday, May 22 for the 2010 season.

This is also the day when the Muckdogs will host their summer Job Fair, from 9 to 11:30 a.m. Positions available include picnic supervisor, cashiers, cooks, bartenders, batboys, and ushers. All applicants must be at least 16 years of age.

Additionally on Saturday, the Muckdogs will conduct the 3rd annual National Anthem contest. This event will begin promptly at noon. Auditions will take place at home plate and will be preformed a cappella.

The winner will sing the National Anthem and God Bless America at the July 3rd game between the Muckdogs and Auburn Doubledays. Runners up will be eligible to sing at remaining home games during the 2010 season. 

The Muckdogs open their 2010 home schedule on at 7:05 p.m. on Saturday, June 19 vs. the Auburn Doubledays.

Beginning May 22, the Dwyer Stadium Box Office's regular season hours are 9 a.m. to 5 p.m., Monday through Friday, and 10 a.m. to 2 p.m., Saturday.

A tree on fire in the Town of Covington, which is the Pavilion Fire District, has been reported at 709 Wyoming Road.

It's unclear how the tree caught on fire.

It's not threatening any structures.

Pavilion Fire is responding.

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On Wednesday, Assemblyman Steve Hawley voted against legislation introduced by the Assembly Majority that he claims further imposes on the 2nd Amendment Rights of lawful gun owners and places costly mandates on firearm manufacturers.
 
“The legislation introduced...is an absolute violation of the 2nd Amendment Rights of New Yorkers," Hawley said in a news release. "Although the intention of the legislation is to prevent violent gun crimes across the state, the fact is that most gun-related violence is committed by criminals who obtained their firearms illegally.
 
“Unfortunately, the Assembly Majority has disregarded this fact, as these new restrictions will not only end up hurting the sportsmen who value the tradition of hunting, but also the small businesses and manufacturers that they support.

"Instead of continuing to place more restrictions on law-abiding citizens and businesses, the Majority should be working on legislation that will help pursue the criminals who obtain their firearms illegally.”
 
Assemblyman Hawley opposed bill A.6468-C, which requires that manufacturers micro-stamp ammunition, and bill A.10894, which requires firearm owners to re-license their pistols every five years. Both bills passed. They were introduced as part of what Hawley calls the "Assembly Majority’s annual Anti-Gun Package."

“Protecting New Yorkers from violent gun crimes should not be done in a way that hurts law-abiding citizens. I...will continue to vote against future legislation that violates our constitutional rights."

The location I found to get a shot of the State Police on the Thruway was at the end of Westbrook Road, which is where I also found this small, but nice old barn.

State Police have four people on the ground and in handcuffs on the Thruway just east of the Route 33 overpass.

A witness said he saw multiple law enforcement vehicles heading to the scene at an exceptionally high rate of speed. He also said the State Police helicopter was flying low over the Thruway toward the scene.

When we arrived, there were 11 law enforcement vehicles on scene, with six of them being unmarked. A flatbed truck was hooking up a black sedan that had its trunk open.  

Eastbound traffic in the area slowed quite a bit, though was not significantly backing up.

UPDATE (Billie Owens): I heard the scanner when this call came in. The dispatcher said a black sedan (I forget the make/model) with four asian males was eastbound on the thruway after allegedly driving away from a home-invasion robbery in the Town of Amherst. Either a victim or witness followed the vehicle and alerted law enforcement.

Early morning fog is being blamed for a two-car crash on Route 33 near Fargo Road in Corfu that sent three people to the hospital.

At 5:30 a.m., Myron Chittenden, 81, of 735 Genesee St., Corfu, reportedly backed his truck out onto Route 33 and swung around onto the shoulder. It was very foggy outside. When Chittenden pulled out, Kenneth Warren, 26, of Crittenden, was driving eastbound on Route 33 and could not take evasive action quickly enough to avoid hitting Chittenden's truck.

Warren was driving a Dodge Ram pickup.

Chittenden and his passenger, Martin G. Pacer, 30, were taken to Millard Fillmore Suburban Hospital in Erie County. Warren was taken to ECMC.

Their injuries were described as non-life-threatening.

Batavia Fire is being dispatched to 33 Swan St., the location of Saturday's Wiard Plow fire, after a caller reported seeing smoke coming from the rubble.

A first responder reports a mild scent of smoke.

Christopher W. Fowler, 21, of 3340 W. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater, harassment and obscenity, 3rd. Fowler is accused of sending an obscene photo by phone to another person and harassing that person. While investigating the alleged complaint, Sgt. John Peck came into contact with Fowler driving on West Main Street at 6:15 p.m, Thursday. Fowler was allegedly found driving drunk.

A 15-year-old from Bethany is charged with assault, 3rd. The youth was arrested by State Police following an alleged incident at 1:45 p.m., Wednesday. No further details were released.

Janet L. Grossman, 43, of Stafford, is charged with petit larceny. Grossman was arrested by State Police on Tuesday in connection with an alleged incident on May 1 in the Town of Batavia. No further details were released.

Joshua Gonzalez, 19, of Staten Island, is charged with petit larceny. Gonzalez was arrested by State Police on Monday in connection with an alleged incident from May 9 in the Town of Batavia. Gonzalez was jailed without bail. No further details were released.

Accidents from the State Police blotter:

10:03 a.m., May 11, Ellicott Street Road, Bethany, one vehicle; Driver 1: Dale C. Burroughs, 50, of Batavia. No injuries reported.

4:57 p.m., May 11, off road/name not found, Town of Pavilion, one vehicle; Driver 1: Jeffery S. Stebbins, 43, of North Tonawanda. No injuries reported.

9:15 a.m., May 11, Thruway, mile marker 404.7, two vehicles: Driver 1: Toni S. Paul, 57, of Longmont, Colo.; Driver 2: Marvin L. Jacobson, 27, of Pavilion. One injury reported.

10:41 a.m., May 11, Thruway, Le Roy exit, one vehicle; Driver 1: Duane A. Brecke, 53, of Marshfield, Wis. No injuries reported.

A Lancaster woman involved in a single-car crash Thursday in the Town of Batavia said she doesn't remember what happened prior to her car hitting a utility pole.

The woman suffered minor injuries but declined transport to the hospital.

Laura Butler Hughes, 22, of Cloverside Drive, Lancaster, was driving a 2005 Toyota sedan westbound on Route 33 near Sunset Terrace when her car crossed the roadway, went off the shoulder and hit a utility pole.

The accident occurred at 4:41 p.m.

Hughes reportedly told Sgt. Greg Walker that she only remembered seeing the pole as her car struck it.

No citations were issued.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you wantto eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Pictured above is Eric, the Employment Specialist with Community Action sharing of the programs that they offer.

Community Action was just one of many organizations including Care-A-Van Ministries that particpated in the Community Resource Organization which was held for all mothers at the South Campus of Northgate. This was an evening planned for the moms so they could learn of the different agencies and organizations and the services they provide here in the community.  This event was sponsored by the Northgate church.

Sherry from the YWCA was on hand to share of the Powered Up programs and other services that are availabe for women at the YWCA.

As I pulled into the parking lot at Northgate this evening, I saw this group of young men and women. I questioned as to who they were.

I was told it was the Teen division of the Civil Air Patrol which is part of the Air Force Auxilary. What an awesome program for young men and women! They told me they get together at the South Campus of Northgate every Thursday evening.

Murder victim Joseph Benaquist's son, Michael Benaquist, took the witness stand for testimony Thursday afternoon in Scott Doll's trial.

A series of his father's written checks from Key Bank were observed. Michael agreed that all of his father’s signatures on the checks were valid and had been signed by his father.

However, on the contract for the title of the 2006 Chevy Malibu, District Attorney Friedman asked, “Is that your father’s signature?” 

“No” Benaquist replied.

Benaquist was then shown three videos from the Adesa auction camera. In the third video, Benaquist was asked to observe a gentleman wearing a plaid jacket.

The video revealed the man speaking and standing next to another man. The second man was recorded wearing a tan jacket and a baseball cap.

One of Doll's attorneys, Daniel Killelea, asked if the individual in plaid was Benaquist’s father. Benaquist stated that although he was not completely sure, he thought it might be. The other two videos showed the man in the tan jacket wearing a baseball cap at the auction.

Benaquist agreed that in two of the videos, his father’s 2006 Chevy Malibu was passing by the camera. However, he testified that he could not recognize who the other man was, wearing the tan jacket, at any point in the videos.  

Paul Kisch, bloodstain-pattern expert, remained on the stand to be cross-examined as the first witness of the afternoon. He agreed with defense attorney, Paul Cambria, that from looking at the autopsy report, there were a number of large cuts on Joseph Benaquist’s head.

The cause of Benaquist’s blood spatter onto Doll’s shoes, overalls and the outside of his Windstar van still remain in question.  

Cambria asked the expert, “Is it safe to say that if enough blood came down Benaquist’s head, it could have sprayed on to other individuals nearby? Which is called “expiration," and is the blowing off of blood from the nose, mouth or a wound, pushed by an air source?”

Kisch agreed and testified that this was possible. It was agreed that the impact spatter of blood from a beating can have the same size and range of blood as from coughing blood.

“Expirated, spattered blood can appear similar to impact blood by size and range,” Kisch claimed. However, Kisch made it clear that the blood found on Doll’s clothing and vehicle was “completely consistent with impact spatter that we notice in our case studies and experiments.”

It was verified by Kisch that the blood stains on the Pontiac G6, which had been parked in Benaquist’s driveway the night his body was found, were all transfer stains (the blood on one object was transferred on to another).

As for the puddle of blood found underneath the Nissan Ultima, which was also parked in Benaquist’s driveway, Kisch testified that the blood could have gotten there as a result of another person moving the body to that area.

Kisch also concluded that the blood found on Doll’s overalls and the Windstar van were a result of being in close proximity with Benaquist during the assault.

The jury was dismissed 45 minutes early for the weekend.