A Williamsville man who survived what was initially reported as a "bad" crash in Darien on Friday was released from the hospital today.

Matthew D. Holt, 34, of Ellicott Street, Williamsville, managed to crawl from the wreckage of his mangled car after going off the road in the area of 1987 Chick Road at 6:44 p.m., Friday. Responders at the scene described his condition as not entirely coherent when they arrived, though he was walking.

Holt was taken to the Erie County Medical Center by Mercy Flight.

According to the Sheriff's Office report, Holt was westbound on Chick Road when his car drifted into the eastbound lane and then swerved back into the westbound lane. The 2001 Volvo sedan left the roadway on the north shoulder and sideswiped three trees, a rock pile, a shed and a fourth tree.

No cause of the accident is discussed in the report. The report lists no citations issued.

The accident was investigated by Deputy Cory Mower.

(Initial report)

A 77-year-old resident of the Royal Apartments in Le Roy remains in guarded condition tonight following an accident Friday when she was run over by her own SUV-type vehicle.

Joan F. Cole was reportedly parked and exited her vehicle at 2:20 p.m. when the car began to role. Cole attempted to re-enter the vehicle in an attempt to stop it. She couldn't get in and fell to the ground.

The vehicle's front left tire rolled over Cole's pelvic and leg area.

Cole was transported to Strong Memorial Hospital by Le Roy Ambulance.

At Strong, "guarded condition" means the patient is being cared for in the Intensive Care Unit.

A Batavia resident once shot under mysterious circumstances and later busted with what investigators at the time characterized as a significant amount of narcotics and cash, is facing up to six years in prison after pleading guilty to a drug possession charge.

Carlos A. Torres Jr., 36, of West Main Street Road, Batavia, was on his fourth plea cut-off appearance before Judge Robert C. Noonan on Monday when he entered a guilty plea to criminal possession of a controlled substance, 4th, a Class C felony.

Noonan sets plea cut-off dates, at which point the defendant must either accept a plea bargain, take the his case to trial, or plead guilty with no conditions in place.

When Torres appeared in Noonan's court Dec. 15, it was supposed to be in order to enter a plea or proceed to trial, but Torres, being represented by the public defender, asked for a new attorney.

At his next appearance, Torres was close to retaining an attorney, and by the following appearance last week, Torres had hired an attorney but the attorney had not yet had time to review the case file.

In court today, Torres was soft spoken and kept shaking his head regretfully as Noonan went over his rights to ensure that Torres knew what he was doing in entering a guilty plea.

Torres admitted to possessing cocaine with a weight of at least a half ounce.

He will be sentenced in April. At a minimum, Torres will receive two years in prison.

Two men from Lockport have been arrested and charged with 11 counts of burglary in the third degree.

The men are accused of entering eleven cabins at Darien Lake Theme Park sometime during the fall and stealing 11 HDTVs.

The park was closed for the season at the time.

Arrested and released on their own recognizance were Robert Wakefield Hughes, 26, of Cottage Road, Lockport, and Ryan James Kaufman, 23, of East High Street, Lockport.

Hughes and Kaufman were taken into custody by Investigator William Ferrando.

An Ellicott Street resident is facing at least two years in prison after pleading guilty to criminal mischief, 2nd, in Genesee County Court on Monday.

Paul C. Wapniewski, 55, was accused of burglarizing Delavan's Restaurant on Evans Street.

In the course of the crime, Wapniewski allegedly caused more than $2,500 damage to the property.

According to District Attorney Lawrence Friedman, Wapniewski cut himself on broken glass when entering the building and the blood evidence found there connected Wapniewski to the scene. Friedman said the DNA test demonstrates a mere one in 300 billion chance of the DNA being from the blood of a person other than Wapniewski.

Friedman discussed the evidence prior to Wapniewski's guilty plea because Wapniewski was entering what is known as an "Alford Plea." 

When a defendant enter's an "Alford Plea" he is not admitting to the crime, just pleading guilty to the charge with the knowledge that the evidence against him would likely lead to a jury finding him guilty, and if so, would likely lead to a harsher sentence.

As a second felony offender, prison time is mandatory for Wapniewski, and sentencing guidelines means Wapniewski is facing from two to four years in state prison.

A Stafford resident facing three felony counts of criminal contempt and a misdemeanor count of DWI faces a possible sentence of "shock probation" after pleading guilty Monday to two of the charges against him.

Eric Michael Duda, 50, who has been arrested a few times over the past two years, entered a guilty plea to one count of criminal contempt, 1st, and to DWI.

Duda will be sentenced in April and could receive some jail time followed by a period of probation.

Judge Robert C. Noonan also issued a new order of protection barring him from contact with Summer Ogden, the person Duda has previously had contact with in violation of an order of protection.

Ogden has reportedly also been ordered not to contact Duda and on two occasions when Duda was arrested for violation of the order of protection, Ogden was also arrested.

Duda is out of jail pending sentencing under supervision of Genesee Justice. He is required to be in his apartment from 6 p.m. to 6 a.m. under the terms of his release.

A 55-year-old resident of Alden -- accused of stealing a flintlock rifle from the Holland Land Office Museum more than a year ago -- had a hard time pleading guilty to possession of stolen property in the 5th degree today.

Between at first not admitting to elements of the crime and not understanding some of the things he was asked by Judge Robert C. Noonan, Frank J. Bieniek almost didn't complete the guilty plea.

Bieniek blamed both the commission of the crime and his inability to focus today on ammonia created by a liver problem.

On Dec. 10, 2010, a witness reported seeing Bieniek take a long gun from the wall of the museum, put it under a trench coat, walk out and drive away.

In court today, Bieniek said, "I didn't realize I took it. I drove around and I was thinking 'something bad happened here,' so I stopped and went and looked in my trunk and I saw the gun.

"When I was stopped, I was on my way back to return it," Bieniek added.

"I was so sick that day," Bieniek told Noonan earlier. "My body was full of ammonia."

When asked about the source of the ammonia, Bieniek said, "My liver."

Later, when questioned about whether he knew at some point that he possessed the gun, and that it was stolen, and that he possessed it with intent to deprive the rightful owner of the property, Bieniek asked Noonan to repeat the question.

"The doctors still say my head (mumble)," Bieniek said. "What was the question again?"

Eventually, with Noonan patiently going through each detail of the indictment and the elements Bieniek was required to admit to, Bieniek did plead guilty.

His plea is unconditional. Sentencing on the misdemeanor offense can range from community service to a year in jail.

Sentencing is scheduled for April 4.

A tractor-trailer hauling a full load of hay is reportedly on fire in the eastbound lanes of the Thruway at mile marker 392.

Firefighters from the Town of Batavia are responding. The fire chief on scene reports smoke coming from the rear axel and says the trailer is disconnected from the cab.

UPDATE 11:11 a.m.: The fire has "not reached the payload," according to the chief. Water to cool the axel down is needed. "That's one thing I don't have on my (county) work truck," says a responder. The chief says "I got you covered."

Press release:

In an ongoing effort to define the State mandates that should be on the short list for mandate relief efforts at the State level, today the New York State Association of Counties (NYSAC) released a new report: “State Programs Funded by County Property Taxpayers” (attached).

“County elected officials remain committed to providing essential local services in their communities. However, to do this and stabilize our property taxes, we need mandate relief from the state. This report details for the first time the vast majority of mandates required by the State. This is a call to action and we need assistance from our Governor,” said NYSAC President Mary Pat Hancock, chairwoman of the Genesee County Legislature.

County governments are regional governments and, because of this unique relationship with the public, have been called upon by the state to provide state services locally. However, over time, reimbursement for these state programs and services was eliminated or drastically reduced leaving local taxpayers to make up the difference. In fact, in 2012 more than $11 billion in local taxes will be sent to the State treasury to subsidize State spending decisions in these areas.

"Last year, State lawmakers promised to enact meaningful mandate relief when they enacted a property tax cap. This report is designed to define what those mandates are, and to ensure that there is no doubt of the areas of concern. These are the mandates that the state should focus on to provide meaningful mandate relief,” said Chautauqua County Executive Greg Edwards, president of the New York State County Executives Association.

Last year, county leaders identified just nine State mandates that consume 90 percent of the entire county property tax levy collected statewide. This most recent report takes those nine mandates as a stepping off point, and identifies other major cost drivers that must be funded by local taxes each year.

In terms of Medicaid alone, counties and the City of New York will send $7.3 billion to the State in weekly installments to fund the State’s public health insurance program.

Counties are advocating for five specific mandate relief proposals, including

1. A gradual State takeover of county Medicaid costs;

2. Pension reforms;

3. Reforms to the Pre-School Special Education Program transportation costs;

4. Requiring health insurance companies to fund medically necessary Early Intervention services;

5. Timely reimbursement from the state for state services delivered locally.

“We believe 2012 is the year for State leaders to enact meaningful mandate relief that will provide counties the ability to stabilize property taxes, continue critical local services and promote the economic vitality of our communities. We cannot afford for this effort to fail and on behalf of the public, our county leaders stand ready to work with our partners in State government to make that happen,” said NYSAC Executive Director Stephen J. Acquario

Download report by clicking here (PDF)

Earl B. Benson, 23, of 7 Chestnut St., Apt. #4, Batavia; Joshua M. Benson, 21, of 5003 N. Byron Road, Elba; and, Tyler J. Henderson, 23, of 10 Franklin St., Batavia, are charged with menacing, 3rd, and reckless endangerment. The three men are accused of throwing beer bottles at a moving vehicle on Jackson Street at 1:11 a.m. Saturday. The men are also accused of threatening to physically harm the driver.

Eric L. Gahagan, 32, of 25 Edgewood Drive, Batavia, is charged with harassment, 2nd, and aggravated harassment, 2nd. According to Batavia PD, Gahagan was arrested Saturday and charged with harassment for alleged physical contact with a woman. According to police, after his release, Gahagan sent several "unwanted" and "harassing" text messages. Gahagan was re-arrested and jailed on $1,000 bail.

Rodney L. Blackshear, 51, of 131 Swan St., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Blackshear was stopped at 2 a.m., Sunday, on Maple Street, Batavia, by Officer Eric Bolles.

Paul C. Ficarella, 34, of 117 Bank St., Apt. #1C, Batavia, is charged with petit larceny. Ficarella is accused of stealing $69.15 worth of merchandise from Tops Market.

Amanda L. Spring, 28, of 3544 W. Main St., Batavia, is charged with criminal trespass. Spring is accused of entering a residence in the city without permission.

Monique L. Brairton, 21, of 18 Pleasant St., Le Roy, is charged with DWI, driving with a BAC of .18 or greater, possession of an open container and inadequate tail lamps. Brairton was stopped at 1:30 a.m. Monday on Bacon Street, Village of Le Roy, by Le Roy Police.

Shawn Joseph Scheg, 44, of Warboys Road, Byron, is charged with felony DWI, felony driving with a BAC of .18 or greater, failure to keep right, moving from lane unsafely and misuse of dealer/transport plate. Scheg was arrested following an investigation into a one-car accident at 12:44 a.m. Sunday on West Sweden Road, Bergen, by Deputy James Diehl.

Jason Ray Anderson, 30, of Oak Orchard Road, Elba, is charged with criminal possession of stolen property, 5th. Anderson is accused of using stolen vehicle registration paperwork to operate a vehicle.

Sean R. McMenemy, 26, of 3025 McCorkindale Road, Caledonia, is charged with DWI, driving with a BAC of .08 greater and making a right turn on a red light where prohibited. McMenemy was stopped at 2:30 a.m. Sunday in the municipal parking lot off Bank Street, Village of Le Roy, by Le Roy Police.

John R. Stella, 50, of 58 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater, refusal to submit to a breath test, leaving the scene of a property damage accident and following too closely. Stella is accused of being involved in a hit-and-run accident at 8:15 p.m., Friday, at the intersection of East Bethany -- Le Roy Road and West Main Street, Le Roy. A witness reportedly followed Stella to his residence and directed police to the location of his vehicle. Le Roy Police arrested Stella. The accident investigation was conducted by the Sheriff's Office.

John P. Shipley, 36, of 25 Richmond Ave., Batavia, is charged with DWI. Shipley was reportedly found sleeping in his car with the motor running at 3:16 a.m., Jan. 5., on Vernon Avenue, by Officer Frank Klimjack.

WBTA: The Fischer File (pdf).

Submitted by Andrea Aldinger.

The 12th Annual Alexander Green and Gold Wrestling Tournament proved to be an exciting day. Sponsored by Breton Construction, Hillside Electric and County Line Stone, the tournament had a round-robin format, and 12 area schools participated with more than 150 wrestlers. 

West Seneca East took away the Team Championship with Letchworth in 2nd, Alexander in 3rd and Attica in 4th place. Individual champions are:

• 99 lbs. – Andrew Hollister, Perry
• 106 lbs. – Bryan Ruggeri, Fairport
• 113 lbs. – James Arao, Fairport
• 120 lbs. – Carl Fantuzzo
• 126 lbs. – Jon Bauer, West Seneca East
• 132 lbs. – Tyler Aldinger, Alexander
• 138 lbs. – Anthony Bell, Fairport
• 145 lbs. – Austin Hedges, Letchworth
• 152 lbs. – Ben Wilamowski, West Seneca East
• 160 lbs. – Chris Nevinger, Letchworth
• 170 lbs. – Austin Heberlein, Alexander
• 182 lbs. – Jeff Day, Letchworth
• 195 lbs. – Bryce Mazurowski, Avon
• 220 lbs. – Corey Lapp, Attica
• 285 lbs. – Dan Ognibene, Alexander

In the finals, to determine individual champions, were these matches of note:

• 106 lbs. final between Bryan Ruggeri (Fairport) and Corey Hollister (Perry): Ruggeri pulled out an overtime win.
• 126 lbs. consulation final between Jake Sepor (Pavilion) and Christian Hollister (Perry): Hollister was winning with 4 seconds left,; Sepor threw Hollister in a head lock to win the match and take 3rd.
• 132 lbs. final: Tyler Aldinger (Alexander)  took a major decision 8 – 0 against West Seneca East’s Jason Draves.
• 170 lbs. final was a fight to the bitter end as Austin Heberlein (Alexander) won in overtime against Jordan Lechner (West Seneca East) with a double leg take down.
• 285 lbs. final was taken into double overtime as Dan Ognibene (Alexander) beat Shane Nelson with an Escape.

Other local wrestlers that placed were Nick Gaiser, of Attica, and Leah Taylor, of Alexander, Steve Strauchen, of Attica, and Spencer Kramell from Perry, Will Burke and Kelsey Patten, both from Alexander.

Most Outstanding Wrestler awards went to:

• Light Weight – 106 lbs. Bryan Ruggeri, Fairport
• Mid weight – 160 lbs. Chris Nevinger, Letchworth
• Heavy Weight – 195 lbs. Bryce Mazurowski, Avon

Gregorina Cooper, known to friends as "Greg," is turning 90 on Jan. 16. For Greg, a volunteer with the Girl Scouts for more than 70 years, turning the page to a ninth decade and heading toward the century mark is pretty remarkable, but Greg's story is about more than longevity.

Saturday, in the community room at Monsignor Kirby Apartments here in Batavia, where Greg has resided since 2008, a celebration of her milestone birthday was attended by grown-up Girl Scouts from destinations spanning Canada to Buffalo and Warsaw to Rochester.

Though Greg was married to Kenneth D. Cooper -- who shared a love of children, and was very involved in Boy Scouts -- the couple never had children of their own.

Six of the Girl Scouts, now adults in their 50's and 60's, and a couple of husbands, formed a support group for Greg Cooper. 

It started with a few of the girls visiting Cooper's place in Warsaw, and helping her with maintenance on her home, cleaning up the yard, and decorating for the holidays.

Members of the group include: Ann Salter, an administrator at the Research Foundation for the State University of New York; Jane Gerken, a teacher; Elle Howard-Fronckowiak, a nurse, plus her husband, Ron; Carol Van Tassel-Creighton, a clinical social worker; Cherie Seifert-Corey, a nurse; and Mary Ann Faulring-Kreuder, a teacher, and her husband, Tom.

For years, Cooper would go to Florida and skip the WNY winters, and the girls would help her to pack up for the trip down South.

Some even flew down to Florida to help her get ready for the return trip. More and more Cooper depended on the girls for extra help, and in 2008, Cooper had a chance to move to the apartments here in Batavia, to be closer to one of her former scouts who is a nurse.

"I figured, I'm safe here, so I moved in," Cooper said.

The group now helps Cooper with shopping, getting around town and medical care.

Even at a time when she needs extra help, Cooper continues to live and love life, she said, enjoying reading, crafts, card games, shopping, farmer's markets, going to concerts and attending church on Sundays.

Cooper doesn’t miss a birthday or anniversary of all these girls and their spouses, always remembering to send a card or make a phone call, and her situation is a great example of that old saying, "You get what you give."

Cooper was awarded the Thanks Badge by the Girl Scouts on her 75th year.

When asked how long she'd been involved with the Girl Scouts, she said, "I'm still involved!"

The community room was bustling Saturday with multiple media outlets and many visitors filling the room.

"I didn't know they'd do all this," Cooper said. "I didn't expect all of this."

Cooper's friends and fans said they were "privileged" to give back to a woman who had given so much to them.

A dog, described as a retriever, is in the water at Trestle Park, off Terry Street, Byron.

Byron fire is being dispatched to rescue the dog.

UPDATE 3:26 p.m.: The dog is out of the water. Fire response canceled.

View Larger Map

I went for a drive late this afternoon and came home with really only one decent picture. This is Moon over Walkers Corner Road.

The winner of our Shop Batavia review contest is Toby Cook, of Byron.

Toby wins a $100 gift certificate to Valle Jewelers.

We conducted a random drawing of the more than 220 reviews left during the contest period, and Toby's review was the one selected.

Thank you to all who participated.

Opiates, whether in the form of prescription drugs or heroin, are an increasing problem in Genesee County, according to local law enforcement officials, and the desire of addicts to score is behind a lot of the property crime in the community, they say.

Sgt. Steve Mullen, of the Local Drug Enforcement Task Force, confirmed in a conversation this morning that while the misuse and abuse of prescription drugs has been a growing problem for a couple of years now, the use of heroin locally is something that is relatively new.

"In the last year, we've seen more heroin than ever," Mullen said. "We didn't see much heroin for years, but in the past year or 18 months we've seen a dramatic increase in heroin in the community."

Several property crime arrests recently seem tied to addicts trying to come up with the money to buy heroin, Mullen said.

"Whether it be an increase in burglaries out east, or all the car larcenies around Christmas, or petit larcenies, the majority of that is related to the abuse of drugs," Mullen said. "It allows them to continue to purchase their drug of choice."

And sometimes, the drug of choice is a substance that is legal with a prescription and potentially safe if taken as prescribed.

This includes hydrocodone and oxycontin, but Mullen said there has been an increase recently in abuse of Opana (oxymorphone).

While some addicts get hooked on these drugs because they're seeking a new high, prescription drugs have proven addictive for educated professionals who might first use them as they're legally intended (for reducing pain from a physical injury, for example).

People obtain the the drugs in a variety of ways, from stealing them (or trying to) from pharmacies, to taking them from a relative (either alive or recently diseased), or buying them from dealers.

There have also been medical professionals who write fraudulent prescriptions.

Some people figure out the system and go from doctor-to-doctor, county-by-county, getting multiple prescriptions written for bogus pain complaints.

"It's important for people to understand that just because pain pills are prescriptions, they're still opiate-based," Mullen said. "Just because it comes from a doctor doesn’t mean it doesn't carry the same addictive characteristics that heroin does and that it can't be abused or misused."

Press release:

Are you an older adult who has trouble getting in and out of your home? The Genesee County Office for the Aging wants to remind Genesee County residents, age 60 and over that handyman services are available.

The handyman can repair or install stair railings, repair entry steps, add exterior grab bars for stability, install motion sensor lighting for entryways as well as other services. While the handyman can do many jobs, priority is given to those that promote personal safety.

“The handyman can do those small jobs that make a big difference in the life of an older adult," said Courtney Iburi, specialist for Aging Services. "Especially during the winter months, it is a good idea to look at one’s entryway to make it as safe as possible.

"Sometimes just the addition of a grab bar to hang onto while opening the door can prevent a fall.”

The Handyman Program is made possible by the Rochester Area Community Foundation’s Muriel H. Marshall Fund for the Aging. Contact the local Office for the Aging for more information at 343-1611.

Diana Beechler, the 24-year-old woman who lost part of her leg in a farm accident in Elba on Dec. 7, is back home and doing well, according to her sister, Elizabeth Austin.

"She's doing great," Austin said.

Beechler still has medical and rehabilitation expenses to cover, however, so friends and family have organized a fundraiser for 6 p.m., Saturday, Jan. 21 at the Oakfield Fire Hall.

A Clor's chicken BBQ is being offered for $8.50 with tickets on sale now until Jan. 13 (no tickets will be sold at the door). There is also a 50/50 raffle planned along with raffle baskets.

The event will include a live DJ.

People who aren't interested in the BBQ are still welcome to attend the event, Austin said.

"A great big heartfelt 'thank you' to everyone for all there support, donations and well wishes," Austin said.

Arrangement for ticket purchases can be made by calling Diana at 297-5995 or Beth at 813-5531.

In the early morning Friday, a 2005 CASE excavator was stolen from Holland High Lift on East Road, Bethany, and the Sheriff's Office is looking for information to help recover the excavator and identify the suspects.

A person or persons were seen loading the excavator onto a dual axle trailer being pulled by an extended cab pickup truck at 1 a.m., Friday.

The CASE is described as yellow and black with an extendable digging arm/backhoe with an 18-inch bucket. It has a small dozer-style blade and rubber dozer-style treads. The model number is CSX36B.

Holland High Lift is offering a $2,500 reward for information leading to the arrest and conviction of the suspect(s) who stole the excavator.

People with information that may assist in the investigation can contact the Sheriff's Office at (585) 343-5000.