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Police Beat: Resident on State Street allegedly menaced by Rochester man

By Howard B. Owens

Robert Thigpen, III, 35, of 287 Flower City Park, Rochester, is charged with burglary, 2nd, menacing, 2nd, criminal mischief, 4th, and harassment, 2nd. Thigpen is accused of entering the apartment of an acquaintance on State Street at 10:37 p.m, Monday. He allegedly shoved the victim and threatened the person with a knife. Thigpen was located a short time later by officers Eric Hill and Kevin DeFelice and taken into custody without incident. Thigpen was jailed without bail.

Ricardo Velasquez, 21, of Elba, is charged with Aggravated DWI and speeding. Velasquez was stopped by State Police at 3:45 p.m., Sunday, for allegedly driving 96 mph in a 55-mph zone on Route 262 in Elba. Velasquez was taken to the police barracks and tested for alcohol and allegedly found to have a BAC of .28. Upon further investigation, it was determined that Velasquez is allegedly in the country illegally. Velasquez was jailed on $2,500 bail or $5,000 bond. A detainer was filed by the Border Patrol.

A bit of Stafford's history going up for auction, and that has some residents worried

By Howard B. Owens

The building is 120 years old, and lately it's been showing its age. But the Odd Fellow's Hall building at four corners in Stafford -- the former location of the Stafford Trading Post -- is such a central part of the community that members of the Stafford Historical Society are fretting over its future.

Owner Terry Platt has set a Sept. 2 auction date to sell the parcel to the highest bidder over $20,000.

Members of the historical society are concerned a new owner might tear down the structure, which is on the National Historic Registry.

"A lot of people think that because it's a historic landmark, it can't be torn down," said Laura Giacchino. "That's not the case, at least not in this town."

"I realize it's a historic piece of property -- at least the awning part, the front of the structure -- I'm not sure about the whole building," said Platt. "But it's an investment for me. It always has been."

Stafford values its history. Giacchino said the community has always had a sense of continuity and there are many families in Stafford that have lived there for generations, 200 years or more.

"We've been here 25 years and we're considered newbies," Giacchino said.

And the Odd Fellow's Hall -- which Giacchino remembers as a post office and place that sold groceries and guns many years ago -- has been a community gathering spot and community store location as far back as anybody can remember.

But for Platt, who's owned the property for more than 20 years, it's just time to move on.

Platt said with the business vacancies, and particularly since the Stafford Trading Post moved to its new location, its time get the property out of his portfolio and use whatever proceeds come from a sale to reinvest in his other holdings.

He said, "I'm getting older," and he doesn't want to take the time or spend the money on needed repairs to the building.

And it likely needs some substantial repairs, acknowledged Giacchino.

"We know it needs a new roof, and there's likely water damage in the basement," she said.

Members of the historical society are very interested putting together a group of investors -- and Giacchino indicted there are people with money to invest who are interested -- to buy the property. But with all of the unknowns about the shape of the building and less than a week until the auction, there just isn't enough time to commit to buying the property.

Platt said he had the building up for sale for some time with no takers, but he's still open to making a deal.

"I'm still willing to hold the paper if the number is high enough," Platt said. "So if somebody wants to buy it, they can do what they want with it. If somebody wants to save it ... Is somebody going to buy it and tear it down? I don't know."

For more on the Stafford Village Historic District, click here.

Livingston County man tied to alleged car theft in Batavia

By Howard B. Owens

A car stolen from outside a business on Liberty Street this past Thursday night was recovered in a cornfield near Geneseo and the alleged thief apprehended after his girlfriend reportedly turned him in.

Taken into custody by the Livingston County Sheriff's Office was Richard P. Brown III, 21, of Honeoye, on charges of possession of stolen property and criminal mischief.

The 2009, gray Chevy Malibu, which was reportedly stolen from an employee of Ficarilla's Pizza from outside the restaurant, was located by Livingston County deputies after a farmer complained Friday about a car being driven into his cornfield, damaging crops.

Brown was already in jail at the time the car was found, having allegedly gotten into a fight Thursday night with his girlfriend. Following an investigation, he was arrested on the additional charges today.

According to Det. Todd Crossett of the Batavia PD, Brown told his girlfriend about the car, who subsequently told investigators in Livingston County about the connection.

Brown is being held on $5,000 cash bail or $10,000 bond in the Livingston County Jail.

Crossett said the Batavia PD is seeking an arrest warrant so additional charges can be filed in Genesee County. Since Brown is reportedly out on parole, Crossett said he isn't too worried about Brown getting out of jail in Livingston County before the warrant is served.

No injuries in Friday's Bank Street accident

By Howard B. Owens

A Batavia man said he swerved to avoid hitting a deer on Friday night leading to a car vs. pole accident on Bank Street between Ross and Vine streets.

Officer Kevin DeFelice said there was no reason to doubt John J. Dwyer, Jr.'s story. He hadn't been drinking and there were no skid marks to use to estimate the speed of his vehicle.

Dwyer told DeFelice that he was driving 30 mph.

No citations were issued.

"It's now up to his insurance company," DeFelice said.

Dwyer's car took out the utility pole.

There were no injuries and no other cars were involved in the accident.

Photo submitted by Jeremiah Pedro.

(initial report)

Convicted of burglary, Batavia man admits to prescription drug sales

By Howard B. Owens

A Batavia man already facing a prison term for burglarizing a Bethany business in April, 2009, admitted in court today that he sold prescription drugs to an undercover agent.

On the burglary conviction, Michael L. Jackson, 29, of 1 Seneca Ave., is facing a two-and-a-half to seven-year prison term. The drug charge could tack on an additional two years in prison.

Jackson entered a guilty plea to criminal sale of a controlled substance with no guarantee of concurrent sentences on his prior conviction.

On June 10, Jackson pled guilty to burglary, 3rd, two counts of grand larceny, criminal mischief, 4th and witness tampering, 4th.

He admitted to breaking into the offices of Highland High Lift, where he reportedly broke windows to gain entry to offices that were unlocked, stole a truck valued at $19,000 and other items valued at $8,000.

There was reportedly DNA evidence linking him to the scene of the crime.

Jackson's arrest on the drug sale charge was announced Aug. 15. If given consecutive sentences, and the full two years on the drug charge, Jackson would not be eligible for parole until 2016.

Sentencing on both convictions is set for Sept. 8. Meanwhile, Jackson is being held in Genesee County Jail without bail.

Police Beat: Robbery and drug charge follow alleged domestic incident

By Howard B. Owens

Christopher Patrick Ball, 28, of Ellicott Street Road, Batavia, is charged with robbery, 3rd, and criminal possession of a controlled substance, 7th. Ball was arrested following an investigation into an alleged domestic incident at 9:55 a.m., Sunday. Ball is accused of stealing the victim's purse. Upon further investigation, Ball was allegedly found in possession of hydrocodone.

Misael O. Rodriguez, 27, of North Clinton Avenue, Rochester, is charged with unlawful possession of marijuana. Rodriguez was reportedly found at 3:33 p.m., Sunday, by security officers at Darien Lake in a parking lot rolling a joint.

Daniel Lee Ward, 23, of West State Street, Albion, is charged with unlawful possession of marijuana. Ward was stopped  for an alleged traffic violation at 9:54 p.m., Thursday, on Route 98 in Batavia by Deputy Patrick Reeves.

Lloyd Peter Parsons, 49, of Broadway Road, Darien, is charged with unlawful possession of marijuana. Parsons was arrested on a warrant out of Orleans County. At the time of his arrest by Deputy Patrick Reeves, he was allegedly found in possession of marijuana.

Michael Joseph Valtin, 25, of Church Road, Bennington, is charged with endangering the welfare of a child. Valtin is accused of having unwanted physical contact with a child while visiting a campground.

Richard B. Smith, 21, of 4753 East Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Smith was stopped at 2:28 a.m., Sunday, by Sgt. Michael Hare of the Le Roy Police Department on West Main Street, Le Roy.

Elizabeth Anne Geddes, 53, of Stepping Stone Lane, Orchard Park, is charged with DWI, driving with a BAC of .08 or greater, driving while impaired by drugs, driving while ability impaired (alcohol and drugs) and criminal possession of a controlled substance. Geddes was stopped by Deputy Chad Minuto at 7:04 p.m., Saturday, in the parking of Darien Lake during the Tom Petty concert.

Chad Michael Wolter, 39, of Mountain Road, Gasport, is charged with harassment, 2nd. Wolter is accused of throwing his girlfriend to the ground, spitting on her and throwing a beer can at her. The alleged incident occurred at 11:10 p.m., Saturday, at 1575 Sumner Road.

Glenn K. King-McDade, 24, of Somers, is charged with DWI, driving with a BAC of .08 or greater and speeding. King-McDade was stopped at 11:17 p.m., Saturday, by Sgt. Michael Hare of the Le Roy Police Department on Clay Street. King-McDade is accused of driving 53 mph in a 35-mph zone.

Joseph Arthur Julyan, 46, of West Bain Street, Albion, is charged with assault, 3rd, and criminal mischief, 4th. Julyan was allegedly involved in a domestic incident where he pushed, grabbed and twisted another person's shoulders. He also allegedly grabbed the other person's mobile phone when the person attempted to call police. Julyan also allegedly violated the terms of his parole by being out of his county of supervision and drinking. He was jailed on $10,000 bail. New York State Parole was notified.

Jayme Roland Lang, 37, of Lewiston Road, Alabama, is charged with computer tampering, 4th. Lang is accused of changing the password on a woman's computer, denying her access to the computer.

Jose L. Rodriguez, 36, of 28 Voss Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater, and failure to maintain the driving lane. Rodriguez was stopped at 2:02 a.m., Saturday, by Officer Kevin DeFelice on Oak Street, Batavia.

Eli R. Graves, 20, and Zachary J. Bourque, 20, both of East Aurora, are charged with burglary, 3rd. They were arrested by State Police for an alleged incident in Darien reported at 10:09 p.m., Friday. No further details were released.

James F. Hemmer, 49, of Elba, is charged with criminal mischief. Hemmer was arrested by State Police at 91 South Main St., Elba, for an alleged incident reported at 11:10 a.m., Thursday. No further details were released.

John T. Reagan, 28, of Cheektawoga, is charged with DWI with a conviction in the previous 10 years. Reagan was stopped by State Police on Sumner Road, Darien, at 11:53 p.m., Thursday.

Timothy D. Moore, of Geneseo, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at a stop sign. Moore was stopped by State Police at 10:14 p.m., Wednesday, on Route 63 and Perry Road, Pavilion.

'Jake Arnold' bests wiener dog field for second year in a row

By Howard B. Owens

"Jake Arnold" is one fast dachshund.

For the second year in a row, the 3-year-old owned by Jane Smart has won the prestigious Wiener Dog Races at Batavia Downs.

"Jake Arnold" beat out 52 other entrants, some of whom never even crossed the finish line, before a packed house of 3,850 race fans.

Taking second and third in the final heat of Sunday's races were Ron Schiller’s “Rudy” and Michael Tyrpak’s “Sahlen.”

From the Batavia Downs' press release:

While there’s no doubt "Jake Arnold" loves bacon treats, the key to success is he simply gets nervous when Jane Smart isn’t around.

“Since he’s been a pup, as soon as he sees me, he runs as fast as he can towards me,” said Smart, the winning dog's owner.

Thanks to “Jakes” good work, she received $100 to spend in the casino. And yes “Jake Arnold” will definitely be back next year.

For second-place finisher “Rudy,” this may have been his final appearance at the Genesee County oval. Definitely a champion, "Rudy" won the 2008 races and has finished second behind "Jake Arnold" the last two years.

“He’ll be 8 next year, we’ll have to see how’s he’s doing,” owner Ron Schiller said, but knowing Rudy, he’ll be back.

“We want to thank everyone for coming out and Petco for sponsoring the races,” said Todd Haight, promotional marketing specialist for Batavia Downs Casino and Western OTB. “It’s amazing how big this event has grown since its inception in 2005. It was definitely great to see such a large crowd.”

More pictures after the jump:

Truck fire ties up traffic on Thruway

By Howard B. Owens

A truck fire just before 7:30 a.m. tied up traffic on the Thruway going through Pembroke.

Traffic was reduced to one lane during the incident and it took more than an hour to get traffic flow back to normal.

Reader Kevin Switzer submitted this picture.

Motorcycle rider injured when van allegedly fails to yield at Route 19 intersection

By Howard B. Owens

A motorcycle rider was taken by Mercy Flight to Strong Memorial Hospital yesterday after a van, whose driver thought a Route 19 intersection was clear, allegedly pulled out in front of the rider.

Daniel B. McMurdy, 46, of Westside Drive, Rochester, has been discharged from Strong as of this morning.

The 4:11 p.m. accident occurred at Route 19 and Vallance Road, Le Roy.

McMurdy was ejected from his bike, hitting the van's windshield, before falling to the pavement.

Cited for alleged failure to yield right-of-way at a stop sign was Michael Marmurek, 53, of Maxwell Street, North York.

The accident investigation was handled by Deputy Chad Minuto.

Muckdogs retain grip on 1st with 6-4 win over State College at Dwyer

By Howard B. Owens

Behind seven strong innings from starter Zach Russell, the first-place Batavia Muckdogs beat State College at Dwyer today, 6-4.

The Muckdogs, now 40-27, are a game and a half ahead of Jamestown in the Pinckney Division.

Russell gave up only two runs (one earned) and scattered 8 hits, to improve his record to 2-3 and lower his ERA to 2.72.

Third baseman Jon Rodriguez (pictured above scoring the first run of the game) sparked the offense, going 3-4, scoring twice and smacking two doubles. He had one RBI.

Joey Bergman, playing second base today, had only one hit in his three ABs, but it was a big one. Bergman drove in three runs in the sixth inning to give Batavia a 4-0 lead.

Catcher Audey Perez continued his hot hitting, going 2-4 and scoring a run. Nick Longmire also had a hit and a run scored. DH Patrick Biserta had two hits and an RBI.

Anthony Ferrara pitched two innings, giving up five hits and two runs, to pick up his first save of the season.

The Muckdogs have two more games at Dwyer against State College (32-36), followed by a game in Jamestown on Wednesday, then a home game against Jamestown on Thursday. On Friday, Batavia is at Dwyer for a game against Auburn.

There are only five more home dates left in the regular season.

More pictures after the jump:

Audey Perez

Jon Rodriguez slides safely into second. It was an odd play. The throw beat Rodriquez by at least a second, but the second baseman was a good five or six feet of the bag and couldn't get back to the base in time, even though Rodriguez started his slide too soon and got to the bag rather slowly.

Zach Russell.

Without knot holes in outfield walls, how is a kid supposed to sneek a peak at a professional baseball game? How about stand on his bike seat and handle bars and watch over the right field wall?

Zach Russell on the mound.

Fight reported on West Main, Batavia

By Howard B. Owens

Dispatch has received several calls of a fight on West Main Street near Kingsbury Avenue.

UPDATE 9:51 p.m.: Police on scene. Fight apparently dispersed before police arrived on scene. Officers talking with neighbors.


View Larger Map

Woman pushed from car on Route 77, Pembroke

By Howard B. Owens

A woman was allegedly pushed from a silver Chevy Cavalier somewhere along Route 77 in Pembroke.

The woman is reportedly lying in the road.

The incident occurred near the Flying J.

Pembroke and Indian Falls Fire is responding.

Mercy Flight is on ground standby.

A 16-month-old is reportedly still in the vehicle.

UPDATE 9:48 p.m.: Mercy Flight is not needed. The woman will be transported by ground ambulance.

UPDATE 9:59 p.m.: The woman has reportedly told law enforcement she jumped from the car.

UPDATE 10:03 p.m.: It sounds like the vehicle has been located and the child is safe.

Darien's Art Show and Community Day

By Maureen Davis

Darien had their Art Show and Community Day, Sunday, the 29th and I took a few pictures for readers of the Batavian to enjoy.

Alleged hit-and-run driver charged with DWI

By Howard B. Owens

A 23-year-old Erie County man is accused of striking a minivan and another car at the intersection of Sumner Road and Route 77 at 8:29 p.m. yesterday.

The driver then allegedly fled the scene and was later located in East Aurora.

Jonathan Paul Murphy is charged with DWI, aggravated DWI, aggravated unlicensed operation, 3rd, leaving the scene of a personal injury accident and failure to stop at a stop sign.

The driver of the minivan reported some pain to Deputy Eric Seppela, but was not seriously hurt. None of the children in the minivan were hurt, Seppela said.

The driver of the third car was also uninjured.

The hit-and-run vehicle was traced to Murphy after Seppela found a license plate from the vehicle at the scene of the accident.

The vehicle was later found by a witness in Erie County and Murphy was reportedly seen going into a building. He was taken into custody by State Police and transported back to Genesee County were he was evaluated for alleged DWI and charged.

UPDATE: Additional details released by the State Police. Murphy was reportedly found in the area of Two Road Road, Marilla, after Trooper Timothy Roof responded to the area where the car was registered and reportedly found it abandoned on Two Road Road. A nearby resident reported to Roof  that he thought someone was in his back yard. Murphy was reportedly found hiding in a corn field.

Tom Petty Concert at Darien Lake: 15 arrests, 22 citations

By Howard B. Owens

A 27-year-old Dunkirk man and his 17-year-old companion were accused of dealing hallucinogenic mushrooms prior to the Tom Petty concert at Darien Lake on Saturday.

Both men were jailed on $5,000 bail.

Brett A. Tofil (pictured, left) of Middle Road, Dunkirk, is charged with possession of a controlled substance, 5th. He was also accused of possessing brass knuckles, leading to a charge of criminal possession of a weapon, 4th.

Also arrested was Joseph W. Kulig II (pictured, right), 17, of Custer Street, Buffalo. He was also charged criminal possession of a controlled substance, 5th.

Additional arrests related to the concert:

Adam J. Phillips, 28, of Redman Road, Brockport, is charged with assault, 2nd, trespass and resisting arrest. Phillips is accused of entering the seating area without a ticket several times. When officers attempted to arrest him, he allegedly fled on foot. When apprehended, Philips allegedly fought with officers, punching one in the face and injuring a deputy's finger. Phillips was jailed on $5,000 bail.

Sarah J. Cooper, 19, of Cree-Ton Drive, Amherst, is charged with unlawful possession of marijuana, resisting arrest and two counts of harassment, 2nd. Cooper was allegedly found in possession of marijuana in a vehicle in the parking lot. She is accused of resisting arrest, thrashing about and attempting to get away while being transported to the security office. While being processed prior to arraignment, Cooper allegedly kicked a corrections officer and also kicked a security guard. Cooper was jailed on $1,000 bail. She had also been issued a citation for alleged underage drinking and additional charges may be pending.

Matthew J. Pasternak, 20, of North Ivy Hurst Road, Amherst, is charged with unlawful possession of marijuana, resisting arrest and harassment, 2nd. Pasternak was allegedly yelling and screaming profanities while in the concert venue parking lot. When officers attempted to arrest him, he allegedly fought with them. He was allegedly found in possession of marijuana while being processed prior to arraignment. While EMT personal attempted to treat him for minor abrasions, he allegedly kicked at the emergency personnel. He was jailed on $750 bail. He also had been issued a citation for alleged underage drinking. Additional charges may be pending.

Jonathan Raymond (AKA John Doe),  21, is charged with trespass. He is accused of refusing to leave the concert venue after being instructed to do so several times. The suspect allegedly refused to cooperate and provide information about himself. He was jailed on $1,000 bail.

James R. Ross Sr., 49, and James R. Ross, 25, of Washington Street, Lockport, were charged with disorderly conduct. They are accused of fighting with Darien Lake security while walking from the concert to the campgrounds. They were jailed on $200 each.

Tyler N. Taylor, 25, of Regent Street, Welland, Ontario, Canada, is charged with trespass. He is accused of refusing to leave the parking lot after being told several times to leave. He was jailed on $400 bail.

Eric M. Hallinan, 20, of Sheldon Road, Orchard Park, Jesse P. Hughes, 20, of Tim Tam Trail, Blasdell, and Clayton T. Bainey, 20, of Troupe Street, Buffalo, are all charged with petit larceny for allegedly stealing a charcoal grill from a car in the parking lot.

Myles D. Macleod, 22, of Cedar Street, Akron,  is charged with disorderly conduct. He allegedly physically threatened an officer while in the concert venue.

Sara N. Rogers, 24, of Country Place, Lancaster, is charged with unlawfully dealing with a child, 1st. Rogers allegedly provided alcohol to minors.

Christopher T. Wailand,  28, of Chapel Glenn Drive, Hamburg, is charged with trespass. Wailand allegedly entered the concert venue without a ticket.

The following people were issued citations for alleged underage drinking:

Rachel R. Pawelski, 18, of Country Place, Lancaster
Kristie C. Dunphy, 20, of Cass Avenue, Cheektowaga
A 17-year-old, of Leawood Drive, Tonawanda
Gregory A. Minkewicz, 20, of Greentree Road, Tonawanda
Alexander B. Kucera, 19, of N. Ellicott Court, Amherst
Jonathan C. Wolf, 19, of Idlewood Drive, Tonawanda
Tony G. Molino, 19, of Herdle Avenue, Buffalo
Allison P. Reinagel, 20, of Canada Strett, Holland
Tracey A. Paglicci, 19, of Harlem Road, Amherst
Robin E. McDonald, 20, Dellwood Street, Amherst
Lyndsey M. Noreek, 20, of Christen Court, Lancaster
Robert C. Sedivy, 20, of Elm Avenue, West Seneca
Cassie J. Pomeroy, 19, of Claudette Court, Cheektowaga
Brock A. Morsch, 19, of W. Liberty Street, Dansville
Michael L. Daniel, 18, of Clinton Street, Dansville
Dustin R. Norton, 19, of Quigghollow Road, Andover
Robb F. Fuller, 19, of Charles Street, Scio
Joshua M. Bierman, 18, of Wadsworth Hill Road, Scio
Casey M. James, 19, of Church Street, Scio
A 16-year-old, of Drum Road, Allentown

Publisher's note: From about 6 p.m. until 11 p.m. last night, I hung out with members of the Sheriff's Office and observed concert day law enforcement activity. Similar to a story we did last year about a night in Darien Court, I'll have a story later this week about Saturday night during the Tom Petty concert.

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