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Report of a power outage in Batavia

By Howard B. Owens

There is a report that power is out in the area of Ross and East Main streets. 

The power outage may only go as far as Washington on the north, Ellicott on the South.

UPDATE: It sounds like power is out on the south side of East Main all the way down to Cedar Street.

UPDATE 6:58 a.m.: National Grid is showing sporadic power outages south down Ellicott as far as Little Canada.

UPDATE 7:13 a.m.: According to National Grid, more than 1,200 customers are without power. One section of power loss covers the wedge from Ross to Cedar between East main and Ellicott, with some outages on the north side of East Main. Another section of outages are at Old Creek Road, north of Ellicott almost to Route 5, to just past Transit Road on the east, and down to the south to West Bethany and Brookville, and on the west side to Dorman and Cookson roads.

UPDATE 8:37 a.m.: National Grid reports that power is back on for the two outage areas mentioned above, however there is now a power outage for about 900 customers in Pavilion and down into Wyoming County.

Cache of weapons reportedly found in home of Alabama man

By Howard B. Owens

A dozen weapons, including one that was altered in an allegedly illegal manner, were recovered from an Alabama residence in an early morning raid by local law enforcement.

A silencer and large capacity magazine designed to fit the altered gun were also allegedly found at the residence of Christopher Jon Bombard, 31, of 7133 Maple St. Road.

Bombard was charged with two counts of criminal possession of a weapon, 2nd, and two counts of criminal possession of a weapon, 3rd.

The other weapons are being sent to the Monroe County Public Safety Lab for further examination.

Additional charges may be filed.

The 7:15 a.m. raid was carried out the Local Drug Enforcement Task Force, which also recovered $300 cash.

Bombard was jailed on $100,000 bail.

Also participating in the investigation and raid were the District Attorney's Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Genesee County Office of Emergency Management and Mercy EMS.

Pro baseball in Batavia in 2011 likely, says Red Wings president

By Howard B. Owens

Today Batavia baseball fans learned that they're not without hope that some St. Louis Cardinals prospect will be hurling an opening day pitch at Dwyer Stadium in June, 2011.

At a press conference where Cardinals officials were on hand to sign a new affiliation agreement with the Genesee County Baseball Club, Naomi Silver, president of Rochester Community Baseball said the Red Wings are prepared to support baseball in Batavia for at least one more season.

There are details to be settled before the current agreement expires on Oct. 31, but Silver said the Red Wings "will not leave GCBC in the lurch."

Without financial backing, and if a new owner is not found in time, GCBC could lose its New York-Penn League franchise and the $4 to $6 million that could be garnered in a sale.

"If the details of a sale have not been worked out, we would be willing to come in and help out Batavia and continue to run the ball club," Silver said. "I think the chances of baseball being in Batavia in 2011 are extremely strong. What role we play in that has yet to be determined."

Even so, Silver said, the club needs to be sold. The ideal buyer would be somebody committed to the community, with sufficient financial backing to keep the team in Batavia.

"We won’t walk away while we’re waiting for a buyer to come along," Silver said. "Somebody has got to be able to run this team because the St. Louis Cardinals are going to come here and expect to field a team. That is our obligation and that is the league's obligation."

For the Cardinals part, the storied major league franchise sent Assistant Manager John Abbamondi and John Vuch, director of Minor League operations, to Batavia to sign a new two-year agreement with GCBC.

GCBC President Brian Paris said the new agreement and the presense of Abarmondi and Vuch signal how committed the Cardinals are to working with GCBC, the Red Wings and baseball in Batavia.

"They could have done this through the mail," Paris said. "They could have done this through a fax machine, but they told me they wanted to come out here and and show their support."

The Cardinals show of support for baseball in Batavia comes just a couple of weeks after NY-Penn League President Ben Hayes criticized the Dwyer field, saying it was unfit for professional baseball.

"Always, there are things that could be better, but some of the concerns may have been overblown," said Vuch. "The facility is a safe facility. There are not glaring problems. We understand the situation here and we have no concerns."

Vuch praised the community for its support of the players, from giving prospects places to live, to providing a positive environment to support their development.

"The community has always been a good host for our players," Vuch said.

(Initial Post)

Driver testifies she had no time to react before hitting Wendt's truck

By Howard B. Owens

On a clear night, on a straight road, at a time when none of the four people in her car were talking, cell phones weren't being used and the radio wasn't on, Rachel L. Enderle, with her hands on the wheel and her eyes straight ahead, didn't see Ronald J. Wendt's truck until a second before her Toyota Camry hit it.

Wendt, on trial for manslaughter and reckless driving, is accused of turning left on Route 20 at the location of My Saloon in Darien Center, right in front of 27-year-old Enderle's car.

Enderle's Camry plowed into the side of the Dodge Ram truck, and Enderle apparently neither hit her brakes nor swerved to avoid the accident.

Katie Stanley, 18, died as a result of the accident. She was a passenger in Enderle's car.

Alexander resident Wendt, 25, could serve up to 25 years in prison if convicted by the 12-person jury of aggravated reckless driving.

Enderle testified today that she wasn't distracted in any way prior to the accident, though she was probably going 55 mph in the 40 mph zone. The Dansville resident testified that she didn't see the lower speed limit signs when driving into the hamlet.

The only thing she remembers is seeing the maroon passenger side door of Wendt's truck just before hitting it.

"I didn't know where it came from," Enderle said.

She said she had no time to react.

"In my head and my heart, I do feel like I got my foot on the brake," Enderle said."I don’t know if pushed down on it."

While another witness testified that Wendt had his headlights on, Enderle said she didn't see the headlights of his truck approaching from the east. 

Two of the three witnesses who testified today could not recall with certainty whether Wendt used his turn signal.

Another witness, Amanda McClellan, who was standing on the recessed porch of My Saloon, and couldn't possibly have had a clear view of Wendt's truck as it approached the spot of the accident, said Wendt didn't have his turn signal on.

While Enderle said she had no time to react, another driver, Brian C. Fox, of Portageville, said he was two or three seconds behind Enderle's Toyota, managed to slam on the brakes of his pickup truck and stop five feet short of the collision.

Fox said he saw Wendt's truck -- with headlights on -- down the road before Wendt started his turn, but said Wendt turned quickly right in front of Enderle's car.

Asked by District Attorney Lawrence Friedman his opinion on whether the driver of the Toyota could possibly have had time to react, Fox said,  "There was nothing they could do."

Speed, of course, is an important factor in reaction time. 

Both Fox and Enderle testified that they couldn't say for sure how fast they were going, but there were driving with the flow of traffic.

Evidence indicates that Fox told investigators after the accident that he was going 55 mph. Today, Fox testified that he said he was going 55 because he thought that was the speed limit on that stretch of Broadway Road.

Today, he initially testified that he must have been going between 45 mph and 55 mph.

At a DMV hearing some months ago, Fox testified that he may have been going as fast as 60 mph.

McClellan testified that she thought Enderle was traveling at about the speed limit, or 40 mph. She estimated Wendt's speed to be between 30 and 40 mph as he went into the turn into the parking lot, though she admitted she didn't hear his tires squeal or see his truck fishtail.

Both Enderle and McClellan testified that beer cans and bottles flew from the bed of Wendt's truck at the time of impact. McClellan said there were as many as 20 beer containers on the ground near the accident scene. 

"A man had said let’s get these cans and bottles out of here before the cops get here," Enderle said.

Testimony in the Wendt trial resumes in the morning.

Muckdogs, Cardinals extend contract; baseball likely to be here in 2011

By Billie Owens

Although the Red Wings have not firmly committed to having community baseball remain in Batavia next year, they will maintain a financial interest in ownership of the Muckdogs and in providing the team with an affiliate in the NY Penn League -- the St. Louis Cardinals.

"The chances of there being baseball in Batavia in 2011 are extremely strong," said Maomi Silver, president and CEO of Red Wings Management, LLC, the company which has managed the Muckdogs since 2008.

She commented on the issue at Dwyer Stadium this afternoon, when it was announced that the Muckdogs and St. Louis Cardinals will extend their working relationship through the 2012 season.

The existing Muckdogs-Cardinals Player-Development Contract expires Sept. 30.

Silver made it clear that the Red Wings are not going to abandon the Muckdogs and that if it takes longer than this off-season to find a buyer, so be it. The search for a buyer continues and there has been interest shown, but no deal is imminent, she said.

A joint announcment about the continued affiliation between the Muckdogs and St. Louis Cardinals was made by Cardinals Assistant Manager John Abbamondi, Cardinals Director of Minor League Operations John Vuch, and Brian Paris, president of Genesee County Community Baseball, the nonprofit that owns the Batavia Muckdogs franchise.

Paris said: "The Genesee County Baseball Club is pleased to announce that will we be extending our working relationship with the St. Louis Cardinals for two more years. This is a great day for the Batavia community as we continue our partnership with one of the greatest teams in the history of Batavia baseball, including the unforgettable 2008 New York-Penn League Championship season.

"They've been a first-class organization to work with and we're fortunate to have them at our affiliate in Batavia."

Silver said: "We're very pleased to see the working relationship between Batavia and the St. Louis Cardinals extended. The Cardinals have done everything a Minor League franchise could hope for in an affiliation.

"They also understand how important small town Minor League Baseball is to the Batavia Community and they deserve a lot of credit for providing the baseball fans of Batavia with extremely talented young players."

Abbamondi said: "We have had a good experience working with the ownership and management team in Batavia and I want to thank Naomi Silver, Gary Larder and Brian Paris for their support.

"We reached the playoffs this season and won the Championship in 2008 and we look forward to building on this recent success."

In four seasons as a St. Louis Cardinals affiliate (2007 to present), the Batavia Muckdogs have made the New York-Penn League playoffs twice, with the Muckdogs winning their first New York-Penn League Championship in 45 years in 2008.

"The St. Louis Cardinals are a first-class organization and we couldn't ask for more," Silver added.

Coppola calls Ranzenhofer a hypocrite on state spending

By Billie Owens

Here's a news release sent in today from Marc Coppola, a Democrat running for the state Senate in the 61st District.

Candidate for New York State Senate Marc A. Coppola is railing against his opponent, incumbent Senator Michael Ranzenhofer. The 61st District Senator is an outright hypocrite, claiming to be a fiscal conservative, while spending like a liberal.

“Ranzenhofer continues to call for budget cuts and less spending, but what does he do? He spends, and spends, and then spends more taxpayer money,” Coppola said.

Ranzenhofer sent out taxpayer-funded mailings through his government offices. This most recent mailer simply invites people to come and meet his staff. Another mailer informs people to be safe on Halloween.

“Are these messages really important enough to spend thousands of taxpayers' dollars on?” asked Coppola.

The practice is widely criticized as wasteful.

Coppola believes Ranzenhofer is misleading the public when he sounds the alarm about state spending and reducing taxes, yet he continues to spend more than any other WNY Senator in his conference on useless mailers.

Ranzenhofer wants it both ways contends Coppola, “He’s telling his constituents that he’s trying to reduce state spending, but nobody will listen to him. He is ineffective because he has no creditability and doesn’t practice what he preaches.”

Coppola also criticized Ranzenhofer for using the system to further his re-election campaign with mailers close to the election at taxpayer expense. Ranzenhofer should have used campaign funds, said Coppola.

“He has over a quarter of a million dollars in his campaign war chest, why not lead by example and use that, rather than taxpayer money when the state is virtually bankrupt,” he added.

12 jurors in Wendt trial now 11

By Howard B. Owens

When court adjourned Monday night, there were 12 jurors sworn for the manslaughter trial of Ronald J. Wendt.

Now there are 11.

A juror was excused this morning for medical reasons.

About a dozen people from the original jury pool entered the court room today expecting to go through the interview process for the alternate jury seats, but now one of them will fill the 12th seat.

Then another juror sent a long note to Judge Robert C. Noonan this morning raising a number of concerns that he said came up over night related to his job. The juror also apparently discussed his situation with another juror.

After interviewing the juror who wrote the note, Noonan declined to dismiss him from service, saying that under New York statutes, once a juror is sworn the bar for removing a person from the jury becomes much higher.

Opening arguments in the case once all 12 jurors and alternates are seated.

Batavia man given prison term for dealing drugs

By Howard B. Owens

A young man who by many accounts is a good kid from a good family, but who got caught up in, by his own admission, extensive drug dealing, is going to prison.

Dyllon E. Soccio, 20, of 134 Tracy Ave., received a two-and-a-half year sentence from Judge Robert Noonan this morning. Under terms of what is known as "shock camp." Soccio would be eligible for parole in six months if he stays out of trouble.

On Aug. 3, Soccio pled guilty to a charge of criminal sale of a controlled substance. He had previously pled guilty to criminal possession of marijuana.

Soccio was caught dealing drugs July 17, and was found to have drugs in his Tracy Avenue home following a raid June 23.

In an interview with probation, Soccio revealed more details of his drug dealing, according to Noonan.

If I were to make a list of 10 things not to say in a probation interview, you probably said five of them," Noonan said. "You almost gloat about your drug dealing and say, 'Don't give me probation because I don't want to have that kind of supervision for that long.'"

Soccio's attorney from the Public Defender's Office, William Tedford, argued that contrary to those statements, Soccio did want probation and would be a good candidate for probation, given his strong ties to the community, his complete cooperation with the court and successful participation in drug treatment.

Noonan also said that the letters of support submitted to the court included ones that came from, "people I respect."

"They're saying you are able to turn your life around," Noonan added, "and, you have the unusual recommendation from the Drug Task Force that you need shock camp."

With his parents and other members of his family in the courtroom, Soccio made only a short statement saying he took full responsibility for his actions and that he feels he's made progress in his treatment.

"Given the chance, I'd like to continue what I'm doing," Soccio said.

Soccio was also forced to forfeit more than $2,000 seized during the drug raid.

Previously:

Police Beat: Man accused of violating court order

By Howard B. Owens

Raymond E. Joseph III, 34, of 8683 Hopkins Road, Batavia, is charged with criminal contempt, 2nd. Joseph allegedly had contact with a protected person at 5:15 p.m., Sept. 15. The incident was reported Monday. Joseph was located and arrested. He was jailed on $1,000 bail.

Attempted robbery reported at Subway on East Main, Batavia

By Howard B. Owens

A person reportedly tried to steal money from the cash register at the Subway on East Main Street by reaching into the drive-thru window.

An employee confronted the suspect and they began to fight.

The suspect then fled in the direction of Masse Place.

The suspect is described as a white male in early 20s wearing a blue shirt.

An employee chased the suspect and lost him in the area of the three houses on Masse Place, unsure if he went into a house or disappeared in the area.

UPDATE: Additional description: 6'0", 200 lbs, short blond hair, mustache, wearing blue jeans and red boxers.

UPDATE: There's some thought the suspect may have entered the construction area and then headed toward Swan Street. Readers on Swan Street (I know we have a few) should be alert.

12 jurors picked for Wendt trial; alternates next

By Howard B. Owens

By 6 p.m. today, the 12 jurors were picked who will decide the guilt or not of Ronald J. Wendt, accused of manslaughter, DWI and reckless driving in an accident that took the life of an 18-year-old Dansville girl.

In the morning, Tuesday, court will convene to select alternate jurors, with opening arguments to begin later in the day.

After the jury was picked, and the jurors and prospective alternates left, Judge Robert Noonan ruled that District Attorney Lawrence Friedman will not be allowed to use a PowerPoint presentation as part of his opening statement.

Noonan said there was no case law he could find allowing PowerPoint to be used in the opening summation, though there is case law to support its use in closing. Noonan said he would change his ruling if Friedman could find a prior ruling allowing its use.

Search for missing Darien man scaled back, but ongoing

By Howard B. Owens

The intense search for Jeffrey Fredericks is over, but the search goes on, according to Chief Deputy Gordon Dibble.

After three days of a multi-agency search of the woods and fields around Fredericks' Sumner Road home, efforts to find him -- or what happened to him -- have been scaled back.

Authorities are taking a more targeted approach, going after specific areas as leads indicate.

Bloodhounds were used Saturday and another "hot spot" -- as Dibble calls them -- was going to be searched today.

The 66-year-old Darien resident has been missing since Wednesday when he didn't show up for a 1 p.m. shift at his work, and his family came home and found all of his cars still parked at the house.

"We've had some calls come in that say maybe you should look here, or maybe you should look at that," Dibble said. "We've been talking to his fellow employees and trying to run down anybody who might have had recent contact with him to see if there's anything we're missing."

The presumption has been that Frederick left on foot, but Dibble said that especially at this point, all possibilities are being considered and examined.

While officials initially said Frederick may have been suicidal, Dibble said that certainly isn't the only scenario under investigation.

"Anything is possible," he said.

Pharmacist tackles apparent would-be robber in Oakfield store

By Howard B. Owens

A Batavia man who allegedly attempted to rob the Oakfield Pharmacy today didn't get very far.

The pharmacist and another employee took a chance that the man didn't have a weapon and wrestled him to the floor, pinning him there until State Police arrived.

Cain A. Catino, 39, of Seven Springs Road, allegedly entered the shop at 12:30 p.m., went behind the counter and demanded hydrocodone.

An employee in the back of the store immediately called 9-1-1.

While law enforcement was in route, Catino was reportedly subdued by the pharmacy's owner. Catino had left his car in the parking lot with the engine running.

An ambulance was requested to the scene to check on an employee, and the employee was treated at the scene, but not taken to a hospital.

It's not believed that Catino had any accomplices, and though he reached in his pocket like he might have a weapon, he did not display one.

The State Police are handling the investigation. The Genesee County Sheriff's Office also responded to the scene as well as the Oakfield Volunteer Fire Department ambulance.

The case is still under investigation and no more information is available at this time.

(initial report)

Pavilion firefighters, equipment helping York in structure fire

By Billie Owens

All available manpower from the Pavilion Fire Department is responding as mutual aid to York to fight a structure fire at 2905 Simpson Road.

Le Roy Fire Department is filling in at the Pavilion hall.

UPDATE (1:10 p.m.): Bethany Fire Department is called to fill in at the Le Roy fire hall.

UPDATE (1:33 p.m.): All Genesee County firefighters are ordered out of the structure. The fire chief reports they are already out and were the last ones out on the second floor.

Robbery in progress reported in Oakfield

By Billie Owens

A robbery is reported to be in progress at the Oakfield Pharmacy on Main Street in the Village of Oakfield.

The subject is reported to be a white male with blond hair. The Town Clerk is asked to be watchful as she has a camera in her office across the street to take pictures of the scene.

Two people are holding the suspect down on the floor inside the pharmacy.

UPDATE (12:50 p.m.): Two pharmacy workers subdued the suspect and Sheriff's deputies now have him in custody. No injuries are reported.

UPDATE (12:59 p.m.): The suspect is a parolee. A medic is requested to the scene because someone was said to be assaulted in the incident.

UPDATE (1:13 p.m.): The assault victim is said to have refused medical aid.

Jury selection in fatal DWI case starts today

By Howard B. Owens

Every few years a case comes along that the national media hypes as “The Trial of the Century.”

Jurors are being chosen today in Genesee County Court for what may not even be the local trial of the year – that label might better be applied to the Scott Doll murder case – but for Ronald J. Wendt, it's his trial of a lifetime.

He is charged with 11 felony counts stemming from a fatal automobile accident on Aug. 12, 2009, including aggravated vehicular manslaughter. The charge alleges more than just drinking-and-driving. The indictment contends that Wendt drove recklessly, causing an accident that took the life of another person.

If convicted of all charges against him, and given the maximum sentence, the 25-year-old Alexander resident would be older, by the time he's released from prison, than 60 percent of the people reading this article are today.

The charge carries a maximum 25-year sentence.

But Katie Stanley had her entire adult life ahead of her. The Dansville resident was just 18 when she was killed on Route 20 in Darien that summer day.

One of the key issues in the trial will be -- was Wendt really responsible for her death?

District Attorney Lawrence Friedman will try to establish: that Wendt was legally impaired by alcohol at the time of the accident; that he was reckless when he made a left-hand turn into oncoming traffic in order to pull into the parking lot of My Saloon; and that his actions are a direct cause of Stanley's death.

Defense Attorney Thomas Burns will try to prove that Wendt was not over the legal limit at the time of the accident. He will argue that a .08 BAC recorded in a test more than an hour after the accident, represents a slight elevation in his BAC from his last drink, but not his BAC at the time of the accident.

Wendt reportedly recorded a .07 in a breath test at the scene. Field breath tests, however, are not admissible as evidence at trial, by either side. 

Wendt, who was helping a friend bale hay that day, has said he drank his last beer about 15 minutes before the accident. That drink may not have made it into his system at the time of the accident, but could have shown up in the later BAC test.

Also at issue are the actions of the other driver Rachel L. Enderle, 27. There were reportedly no skid marks at the scene, and prior to trial, it's not been publicly established how fast the car was going at the time of the accident. 

The spot of the accident is an area in Darien Center that is posted 40 mph along a stretch of Route 20 that is otherwise 55 mph.

Enderle along with Wendt was named in a lawsuit filed in Rochester earlier this year by Timothy L. Enderle, who was also a passenger in Rachel's car.

"Any time there are two cars in an accident, there is a certain percentage of fault with both drivers," said Timothy's attorney, Sheldon W. Boyce.

The key question in this trial is to what degree, if any, is Ronald J. Wendt at fault? And if found at fault to any degree, how much of his life should he be forced to give up?

For previous coverage, click here.

Law enforcement kept busy on concert nights at Darien Lake

By Howard B. Owens

petty_concert_03.jpg

As a man we only knew as John Doe lay cuffed and prostrate in the back of a patrol car waiting to be arraigned on a trespass charge at Darien Town Court, Chief Deputy Gordon Dibble mused, "some people just shouldn't drink."

The night was still young, but already a handful of individuals had caused a mess of trouble for security and law enforcement at Darien Lake Performing Arts Center during the Aug. 28 Tom Petty concert.

Outside of two young guys busted for allegedly trying to sell hallucinogenic mushrooms, all of the night's law enforcement issues dealt with people drinking, and a little marijuana use, too.

"There are many more arrests we could make, but we try to arrest the people who need to be arrested," Dibble said. "We try to eject as many people as we can -- the people who can’t behave themselves. Usually the people who get arrested -- there’s just no other alternative."

petty_concert_02.jpgTake the case of Jonathan Raymond -- a.k.a. John Doe:  When he was taken into custody, according to one deputy, even his friends were saying, "Get him out of here." 

Investigator Roger Stone, who was in uniform, was on patrol and served as my ride-along escort for the first part of the night. We encountered Raymond in the security trailer next to the concert venue where arrestees are first brought for processing. 

At about 5'-10" and 190 lbs, the 21-year-old Raymond had some strength to throw around if he wanted. He offered enough resistance and spit out enough verbal threats that deputies were clearly intent on keeping him under control.

In the trailer, two deputies kept Raymond cuffed in a chair and their arms on his shoulders.

He kept demanding to leave, cussed at anybody who came within sight and let everybody know that given a chance, he could and or would kill them.

As Raymond sat while Sgt. Thomas Sanfratello prepared his paperwork, a female security guard pushed into the trailer a cuffed 19-year-old Sara J. Cooper.

"Whoa, I'm so scared," Cooper yelled. "Just so you know."

Later Cooper would reportedly start calling a woman deputy a couple of choice female-specific slurs and allegedly fight back against a deputy, getting herself shoved against a wall and held there until she settled down.

When it came time to escort Raymond to Stone's cruiser, five deputies were on hand to lead him from the trailer to the car and then try to get him into the back seat. 

Raymond said he wasn't going to do it. He wanted to be let go.

Investigator Stone, whose smooth baritone could improve many doctors' bedside manner, said, “You seem like a good guy. Why don’t you just get in?”

“Who are you?

“Stone.”

“Stone who?”

“Roger Stone. I’m one of the deputies.”

Raymond didn't move. One of the deputies suggested picking up by turning him on his side and pushing him log-like into the backseat.

While Raymond verbally protested, his bit of wiggling and bucking was easily controlled by the deputies.

Once we were on the road, Raymond told Stone, "You're pro-Indian, so why do you act like a white man, mother f---ker?"

When Stone didn't answer, Raymond pleaded, "Stonehorse?"  No reply. Louder: "Stonehorse?"

"What?" Stone kind of whined.

“If you act like a white man, you are a white man.”

Raymond then started to cry.

“I want you to be on our side, Stonehorse.”

Pause.

“I’m going to kill you Stonehorse.

Stone: "No you’re not. Come on."

"Ok," Raymond said. "I won’t."

And a few minutes later, Raymond said again, "I'm going to kill you, Stonehorse."

I asked Stone, "Isn't that something you could charge him with?"

Stone shrugged. "Sure," he said, "But why?"

Roger Stone is clearly not a cop who relishes confrontation. When he drove Brett Tofil and Joseph Kulig to the Genesee County Jail following their arrests on drug charges, each getting $5,000 bail, one of the young men thanked Stone for "being cool."  

But that "coolness" doesn't deter Stone from understanding he has a job to do. He sees a lot of value in the drinking-related arrests the Sheriff's Office makes, and also in the underage drinking citations deputies issue.

He totally rejects the suggestion that these law enforcement efforts are just aimed at generating revenue for the county or are motivated by a cop's desire to ruin somebody's good time.

"We’ll never know when we’ve stopped somebody from getting too inebriated," Stone said. "We’ll never know when we’ve saved their lives or the lives of somebody else. To me, that’s the reason why we need to do it.

"It’s the same thing as getting drunken drivers off the road. We’re never going to know whether we stopped some accident or somebody from being injured or killed. But you know the fact that we’re going out there and reducing it now and then is a good thing, and I feel good about doing it."

The Sheriff's Office has only 25 patrol officers, including sergeants, according to Dibble, so when it comes to one of the 18 concert nights at Darien Lake, Dibble himself and investigators such as Stone help out with patrols.

The Sheriff's Office provides traffic control and law enforcement inside the venue, while the State Police also patrol the roads surrounding the venue, mainly targeting drunken drivers.

To help with the manpower inside the concert venue, this summer, Sheriff Gary Maha deputized off-duty Batavia police officers, who were paid by the concert promoter, Live Nation.

During the Petty concert, one of those deputized officers, Eric Hill, was hurt when 20-year-old Matthew J. Pasternak allegedly resisted arrest. Hill's finger was splinted and iced following the altercation and Hill was concerned that it was broken. A couple of days later, Hill said his finger was still sore, but didn't appear to have been broken. He didn't miss any duty.

The Petty concert on Aug. 26, as well as the one a couple of weeks earlier, had a number of violent confrontations with law enforcement. Deputies found it surprising, since Petty is an older act without much of a hard-rock edge, and they said Petty concerts weren't, in past years, rowdy.

But every performer brings it owns audience, Dibble said.

"Some are more aggressive," Dibble said. "Some bring in more drugs, some more alcohol and some bring in more kids sometimes."

Dibble said the Sheriff's Office works closely with Live Nation so deputies are prepared to deal with the type and size of crowd anticipated.

"It's a partnership for sure," Dibble said.

Live Nation actually pays for all of the law enforcement inside the concert venue, including about 100 of its own security personnel (including personnel in the parking lots), according to Pete Riedy, with Live Nation.

People pay a lot of money to attend shows at Darien Lake, and 99 percent of them have a good time, and even down a few beers, without causing a problem, Riedy said. They don't want to be bothered with unruly drunks.

"Unfortunately there’s always a few people who take it to the next limit and cause problems," Riedy said. "Alcohol is usually the reason. ... No matter how many rules and restrictions you put on people, there are going to be certain people who can’t control themselves."

And with booze being the chief cause of problems, Riedy said, it's important that both security and local law enforcement address the underage drinking issue. While some people criticize deputies for writing underage drinking citations, Riedy said it's an important part of keeping people safe.

"Nothing good comes out of kids drinking in the parking lot and drinking when they're under age," Riedy said. "If I could, I’d have 100 more Sheriff’s deputies out there."

And writing underage drinking citations isn't hard, Dibble said. The typical kid will walk right up to a deputy, or otherwise brazenly display a beer or wine bottle with law enforcement in the area.

Dibble recalled one time he was standing in the parking lot -- in uniform -- and a 17-year-old walked right up to him, beer in hand.

"I don’t know if it’s the effects of alcohol, if it’s a sense of entitlement, I don’t know," Dibble said. "I can’t explain that."

If not for the deputies enforcing the underage drinking law, Riedy said, the only other alternative would be to disallow tailgating, and Live Nation doesn't want to do that. It wouldn't be fair to the majority of people who can remain civil and obey the rules.

"(Drinking problems) don't make our venue look good," Riedy said. "It doesn't make any venue look good. It makes people not want to come back. My biggest concern running the venue is people’s safety and people enjoying the concert.

"People pay a lot of money to come here. My biggest concern is that people have a good time."

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Photos: Top, Sara Cooper is escorted into the processing trailer; Inset, Jonathan Raymond being held in his chair inside the trailer; Bottom, Brett Tofil and Joseph Kuligafter outside Darien Court after being arraigned. Roger Stone, right, allowed them a chance for a smoke and to make calls on their personal mobile phones to friends and relatives to arrange for bail.

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