If Defense Attorney Thomas Burns wants the mobile phone records of the occupants of a Toyota in which one of the passengers was killed in an accident, he will need to subpoena them himself.

Judge Robert C. Noonan denied Burns' motion to require the prosecution to produce the records.

In his ruling, Noonan noted that the defense can obtain the records subpoena duces tecum, which means "bring with you under penalty of punishment."

Asked whether he would issue such a subpoena, Burns responded:

The Court has decided that the items sought can be independently secured by the defense. Of course there are a number of hurdles to acquire the information necessary to issue an appropriate subpoena to acquire them. The defense merely sought the assistance of the prosecution in providing that information. Since the ruling requires the defense to independently acquire such information we will do just that. The irony is that in a civil proceeding the discovery mechanisms provide for almost unlimited disclosure from the opposing party, by use of depositions etc., these things are not available to a criminal defendant. Nor does a prosecution witness have any obligation to speak to a criminal defendant's attorney or investigator. However, it is my intention to take whatever steps are necessary to secure records of all occupants of the vehicle. The remaining issue is that of relevance. For a jury to be informed of the content of such information the Court would need to be convinced that such information is relevant and probative on a material issue in the case.

Burns is defending Ronald J. Wendt, a 24-year-old Alexander resident who faces numerous felony charges following the accident that took the life of Katie Stanley, 18, of Dansville. Criminal enhancements sought by District Attorney Lawrence Friedman could lead to as much as a 25-year sentence. Wendt allegedly had a BAC of .08 at the time of the accident.

The dirver of the Toyota, Rachel L. Enderle, 27, also of Dansville, was named in a lawsuit filed last month in Rochester by one of the occupants of the car, Michael A. Enderle.

There were apparently no skids marks left by the Toyota prior to hitting Wendt's pickup truck.

Wendt is in jail on $250,000 bail after he reportedly violated the terms of his previous release by riding a motorbike to work.

For previous coverage of the Ronald J. Wendt case, click here.

A house at 5823 E. Bethany-Le Roy Road, East Bethany, is reportedly on fire.

Callers report the house is fully involved.

East Bethany, Stafford and Alexender were dispatched on the first alarm. A second alarm is being initiated.

UPDATE 10 a.m. (on scene): The house appears to be a total loss even while firefighters continue to battle the blaze. The owner was not at home and has been contacted. She lived alone and said nobody else would have been in the house. The fire appears to have started in the area of a wood stove. The stairwell to the second floor was engulfed and firefighters were forced to leave the interior of the house. Without interior firefighters, it's become a much harder fire to fight.

UPDATE 10:22 a.m.: The owner of the home is Louise Ward, 58. She is on scene and confirmed with officials that no other people were in the house. There were, however, a dog and two cats inside.

UPDATE 12:06 p.m.: We left the scene about an hour ago, but spoke with Fire Coordinator Tim Yaeger before leaving. Yaeger confirmed that firefighters were inside for about 10 or 15 minutes before the integrity of the stairway was compromised. From that point on, the volunteers were required to fight the fire from the exterior only. He called the house a total loss. Yaeger anticipated it would be hours before the fire would be extinguished, and it may require bringing in heavy equipment to knock down parts of the structure. The dog and two cats were believed to have died in the fire. The fire appears to have started in the wood stove area. Volunteer fire departments from throughout the eastern part of Genesee County responded to the fire, including (but not limited to), Bethany, East Bethany, Pavilion, Alexander, Le Roy and Bergen.

UPDATE 12:23 p.m.

Mobile phone video submitted by a reader at the scene:

UPDATE 2:09 p.m.: It sounds like most of the remaining units are going back in service. Tim Yaeger and his staff are back in service.

More pictures after the jump (below the map):

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Todd James Pangrazio, 34, of 8032 E. Main Road, Le Roy, is charged with coercion 1st, criminal mischief 4th, endangering the welfare of a child and harassment 2nd. Pangrazio allegedly got into a fight with his girlfriend and "instilled fear in her," and damaged her mobile phone, preventing her from calling for help. He also allegedly had physical contact with her and two children under age 17. The case was investigated by Deputy Frank Bordonaro.

Eslie James Worthington III, 20, of 2609 Batavia-Oakfield Townline Road, is charged with harassment 2nd. Worthington is accused of striking another person in the face at about 2 a.m. on Dec. 20. (Worthington was also involved in a one-vehicle accident Dec. 27 in which he suffered a head injury.)

A 17-year-old boy from Oakfield has been charged with forcible touch. The alleged incident occurred in December. He is accused of inappropriately touching a female who was at his residence. The case was investigated by Kristopher Kautz.

Following its session last week, the following indictments were handed down by the Grand Jury:

James S. Gibbs faces a 24-count indictment stemming from an allegedly false disability claim. Gibbs was originally arrested on these charges in October 2009. The indictment includes charges for grand larceny, insurance fraud and offering false instruments for filing and a violation of the worker's compensation law.

Jason W. Wolf is charged with grand larceny 3rd. Wolf is accused of stealing more than $3,000 in unemployment benefits between August 2007 and February 2008.

Micahel P. McDonald is charged with DWI and DWI with a BAC of .08 or greater. McDonald is accused of operating a 2004 Suzuki in the parking lot of 355 W. Main St. on Sept. 21, 2009 while drunk.

Daniel N. Brown is charged with grand larceny 4th. Brown is accused of stealing child support payments valued at more than $1,000. The alleged crime took place in the Town of Le Roy between January and June 2008.

A majority of Batavia City Council members want city staff to continue studying a plan to turn over houses that have become delinquent in their taxes to a non-profit organization for rehabilitation.

Setting up such a process -- whether it involves creating a new non-profit corporation run by the city or working directly with Habitat for Humanity -- will require additional staff research time, legal expense and potentially staff time to manage any new program.

Councilman Tim Buckley wanted to table the proposal, saying the city has too many other bigger priorities, but the consensus of the council during last night's conference meeting was to ask City Manager Jason Molino to conduct further research.

Council President Marianne Clattenburg said she saw the program as an opportunity to prevent more housing units from falling into low-end rental units and become better maintained owner-occupied homes.

Councilman Sam Barone, who works with Habitat for Humanity, sometimes has trouble buying a house at auction because they get out bid.

A partnership on housing rehabilitation would allow the designated non-profit to buy the house before it goes to auction.

However, the council also discussed the fact that nothing prevents Habitat from reaching out to a tax-delinquent property owner before a house goes up for auction and paying the back taxes in exchange for the property deed.

Only about three homes per year fall into delinquncy and go up for auction.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.

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

The Enchanted Florist, 202 E. Main St., Batavia, NY: Now in stock: Of course, flowers are the perfect give for Valentine's Day. We have a $20 gift certificate for $9.50.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

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

SOLD OUT

A van in the roadway on Route 77 just north of Gabby Road is reportedly on fire.

The van is unoccupied at this time.  The van is reportedly fully involved.

Pembroke and Indian Falls fire are being dispatched.

UPDATE 6:42 a.m.: East Pembroke's tanker is being dispatched.

What if you were having a heart attack or some other serious medical emergency and it was one of those rare times when all Mercy EMS ambulances were tied up on calls outside of the city?

Wouldn't it be a good thing if a paramedic from the city's fire department -- the emergency responder most likely to get to your house first in such a situation -- was certified to provide Advanced Life Support service?

On an 8-0 vote Monday, the Batavia City Council decided to deny city residents that extra level of protection, even though it wouldn't cost taxpayers a single dime.

"I think we had to decide whether we wanted our fire department chasing ambulances, or do we want our fire department used for the function it's best suited for," said City Council President Marianne Clattenburg.

She characterized the vote as a policy decision that extends from the city's decision to get out of the ambulance business.

She said the council wants the fire department to concentrate on fire prevention, code enforcement, public safety, fire suppression and education.

Fire Chief Ralph Hyde requested the council approve a program that would have allowed the department to become ALS certified, allowing its firefighters that are trained as paramedics -- 16 of them are, and all future hires will be, by state law -- to provide a higher level of life-saving services. Paramedic-trained firefighters can only provide Basic Life Support services without ALS certification for the department.

Because of state reimbursement programs and the ability to recoup training fees from other jurisdictions, city taxpayers would not have been required to foot any portion of the bill for ALS certification.

Among the critical life-saving procedures that ALS-certified medics can provide that BLS paramedics cannot is cardiac defibrillation.

"The Basic Life Support will still be there," Clattenburg said. "Once we divested of the ambulance, and the (new service) ambulance seems to be running fine, they seem to be getting where they're going and they've even added personnel and vehicles to respond to the call volume, so it really is a change in focus, because when you have a whole fire department that's geared toward to ALS but yet there is someone else doing that now doesn't make sense, just to keep that mindset and that training level there when that's not their primary job."

For more on the difference between BLS and ALS, read the following Wikipedia entries:

• Basic Life Support
• Advanced Life Support

A preliminary budget approved by the Batavia City Council cuts $376,000 in spending from a previous draft, allowing the proposed property-tax increase to be cut in half.

Instead of anticipating a 3-percent tax increase, city property owners can expect an increase of just under 1.5 percent if the budget gets final approval following a Feb. 8 public hearing.

A good portion of the cut in expenses comes from a $150,000 reduction in the contingency fund. That fund might be needed if the city's unions win its any arbitration cases.

"As I mentioned, it's (cutting the contingency fund) a moderate risk," City Manager Jason Molino said following the meeting. "There's the potential there that there could be retroactive awards that could exceed that, and the city's fund balance position isn't where it should be now, though we're building it. It could be very difficult. One thing that has to be understood is that wages and benefits aren't what they used to be -- all work forces and city employees and unions have to understand that, and this is really their opportunity to recognize that and react to that. The community doesn't have the ability fund these things and in the future we're not going to be able to, and that's just something we're all going to have to react to."

In 2009, the city was forced to pay out $235,000 to the Police Benevolent Association after the union won its arbitration against the city. The city and PBA have yet to resolve all contract issues and the city will be three years behind in potential police raises in March. Two additional union contracts for city workers expire at the end of March.

Both Molino and Council President Marianne Clattenburg agree that some large settlement is likely.

"Something the unions are going to need to realize is that the city does not have the ability to provide that level of benefits," Molino said.

Cutting the property-tax rate increase in half reduces revenue by only $84,000. The additional expense cuts in the budget come from an anticipated $322,000 drop in sales tax revenue.

The spending plan now stands at $5,441,630.

The revised budget also cuts $105,000 from equipment reserve funds for police, fire, public works and facilities.

"They (the Council) did not feel they could support anything more than what was adopted," Clattenburg said. "We're just going to have to continue to live within our means."

From Thomas Lowe:

There are three roads in the Town of Alexander that are closed due to high water levels from flooding. They are Peaviner Road, Cookson Road, and Old Creek Road. These roads are under from five to twelve inches of water that is flowing very fast across them. The water has washed out gravel in the roadways and there are drop offs at these crossings that could trap a vehicles wheels and cause the flooding of the engine compartment. There are some ice sheets in the road that are approximately two inches thick. There are road closed barricades at the intersections of these roads, do not go around them, as the roads are very dangerous to traverse with the water crossing and the washouts cut into the gravel.

A Batavia man who admitted to assaulting a Sheriff's deputy and escaping arrest will serve four years in state prison for the assault.

Ryan L. Krupp, 24, will serve a concurrent 2-4 year term on the escape 2nd charge.

The maximum sentence Judge Robert C. Noonan could have imposed was seven years. Defense Attorney Jerry Ader asked for a minimum sentence of three years.

Ader noted that Krupp has previously completed substance abuse treatment and held a job, making him a candidate for a minimum sentence.

"When he makes the right decisions, they’re good decisions," Ader said.

If Krupp were not a second felony offender, the minimum sentence would have been two years.

Krupp said he was very sorry.

"If I could take it back, I sure would," Krupp said.

Noonan made very little comment before imposing the sentence.

Deputy Patrick Reeves suffered a minor ankle injury when Krupp reportedly shoved him out of the way while Reeves was arresting him on a warrant last October.

UPDATE 4:31 p.m.: Stephanie Cooper, 15, who was reported missing earlier has been located, according to police.

Stephanie Cooper, 15, of Batavia, has been reported missing.

Stephanie was last seen between 3 and 4 p.m. Friday in the area of Richmond Avenue and Woodrow Road. Cooper may have gotten into a red van in that area.

Det. Richard Schauf said no other information is available at this time.

Stephanie is 5’2” tall, 120 pounds.

People with information may call the Batavia Police Department at 585-345-6350.

William G. Cummings, 59, of 9815 Lake St., Pavilion, is charged with menacing 2nd. Cummings was arrested at 2:58 a.m. Friday after allegedly threatening another man by brandishing a baseball bat.

Roy R. Bell, 29, of 283 Seneca Manor, Rochester, is charged with forcible touching and endangering the welfare of a child. Bell is accused of inappropriate contact with a 16-year-old girl.

Woodrow C. Horseman, 33, of 3 Lewis Place, Batavia, is charged with petit larceny. Horseman is accused of stealing two 18-packs of beer from Tops.

Timothy E. Moon, 35, of 315 Bank St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater, inadequate headlamps, failure to notify DMV of an address change and having an open container. Officer Eric Bolles reportedly observed Moon operating a motor vehicle with inadequate headlights at 1:22 a.m. Sunday.

Jaclyn E. Spiegel, 23, of 147 Ross St., Batavia, is charged with DWI, aggravated DWI with a BAC of .18 or greater and moving from lane unsafely. Spiegel was stopped by Officer Kevin Defelice at 1:38 Saturday morning for an alleged unsafe lane change on E. Main Street at Bank.

John Francis Biegas, 19, of 6496 Clinton St. Road, Stafford, is charged with criminal nuisance 2nd, unlawful possession of marijuana and unlawful possession of alcohol with intent to consume. Biegas is accused of hosting an underage drinking party at his home.

A 17-year-old girl from Batavia is charged with aggravated harassment 2nd. The youth reportedly contacted another person in Pembroke via MySpace several times after being told not to.

Gerald E. Buchinger, 60, of 5159 Ellicott St. Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and leaving the scene of a property damage accident. Buchinger was identified as a suspect by Deputy James Diehl after a driver on Batavia Stafford Townload Road left the roadway and struck shrubs and trees and a residence.

A 17-year-old student of Pavilion School is charged with unlawful possession of marijuana. During an invited canine sniff search of school grounds, the K9 alerted on a car in the parking lot. Upon investigation Deputy Brian Thompson allegedly found marijuana, drug paraphernalia and a realistic looking C02 pistol.

Ami Lou Blackmore, 48, of 30 Exchange St., Attica, is charged with DWI, felony aggravated DWI for driving with a BAC of .18 or greater and consumption of alcohol in a motor vehicle. Deputy Jason Saile, at 5:08 a.m. on Friday, investigated a report of trespass at 650 Bloomingdale Road in Alabama. Saile came into contact with Blackmore and arrested her for the alleged offenses.

Joshua C. Mciver, 22, of 130 3rd Ave., Apt. 18H, Brooklyn, is charged with unlawful possession of marijuana. Mciver was arrested at 11:24 p.m. Thursday at College Village by Deputy Jason Saile.

Michael L. Milroy, 43, of Bethany, is charged with torture/injure/not feed an animal, menacing 2nd and reckless endangerment 1st. Milroy was arrested by State Police at 12:07 a.m. today at 5461 Mclernon Road, Bethany. No further details are available.

Brett W. Short, 23, of Stafford, is charged by State Police with endangering the welfare of a child. Short was arrested at 2:29 p.m. Saturday. The alleged incident occurred Dec. 23. No further details are available.

David G. Duignan, 43, of Batavia, is charged by State Police with DWI, driving with a BAC of .08 or greater, and failure to keep right. Duignan was stopped in Albion at 8:57 p.m. Friday.

Accidents reported in the State Police blotter:

8:26 p.m., Jan. 23, Bank Street Road, Batavia, one vehicle; Driver 1: Christopher J. Byers, 19, of Brockport. No injuries. No citations.

City Fire is being dispatched to 1 City Centre, section 8A, to investigate the odor of wires burning.

UPDATE 10:31 a.m.: Engine 12 went back in service a few minutes ago.

Fastec, 7184 West Main Road, Le Roy. For your next oil change or state inspection, here's a great way to save and get great service. We have a $22 gift certificate for $9.50. The GC is valid for up to six months from date of purchase. If you don't win the GC, you can download a Fastec coupon by clicking here.

Carlson's Studio, 39 Jackson St., Batavia, NY: Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. This is a great Valentine's gift. We have a $100 gift card for $50 (+$2 PayPal Service fee). The card expires in April.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10. A great Valentine's gift!

The Color Salon, 35 Center St., Batavia, NY: Susan Francis, the owner and stylist at The Color Salon reminds women, "your hair is your greatest accessory." Francis has more than 20 years of experience helping women get the best hair color. We have a $50 gift certificate for $25.

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 happensin sports, it happens at Brown's." We have a $20 gift card for $10.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.

Jackson St. Grill/Belladessa's, 9 Jackson St., Batavia, NY: Valentine's Day is just around the corner, and flowers are a great way to show love.  We have a $10 gift certificate for $5.

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

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

Zach Ashely and his new buddy Ian

Lisa Franclemont with a little one

Lisa and LeAnn Babirad-Burns holding Robert Worthington

Zach Ashely of St Paul Lutheran most recently got home from Haiti with the mission team from Trinity Lutheran. They had arrived to volunteer at the orphange and the earhquake hit the next day. Zach came out on Saturday to volunteer with Care-A-Van Ministries. . He has a love for children and helping people. He said he can't wait to go back to Haiti to be a blessing to others.

Lisa Franclemont is a member of Highpoint church and works at United Memorial Medical Center in the Cancer services program. Lisa herself is a walking miracle. Many people were praying for Lisa after she was struck by a car in August  of 2009. She lost her right kidney, had a broken wrist, torn rotator cuff, and multiple fractures of her pelvis. You would never have known it to see her wandering around  as she was  volunteering with Care-A-Van ministries on Saturday morning visiting with the people and taking their blood pressure.

LeeAnn Babirad-Burns had a miracle of her own as well. LeeAnn had heart surgery last February. She had to be off work for 8 months. During this time is when Lisa needed extra loving  care after arriving home from her injuries and LeeAnn was able to be there to help her out. These young ladies friendship started about 3 years ago. Lisa has been an inspiration to LeeAnn and now LeeAnn is currently enrolled in college to be a nurse.

These three volunteers were a blessing to the 48 families with 156 family members that received groceries and prayer on  Saturday morning.

A few transformers have been reported either on fire or arcing in the Indian Falls area.

The latest fire is at Indian Falls Road and Route 5.

There may also be transformers arcing near the Thruway.

East Pembroke and Indian Falls fire are responding to the calls.

UPDATE 10:38 p.m.: The transformer fire at Indian Falls and Route 5 blew itself out. National Grid is on scene.

Here's the scoop! Scooby is Pet of the Week. Although he has several other monikers, he's still the same down deep. Once upon a time, he was a raggedly little guy in a big, brutal world. But once he decided to plead for help in his own silent, pathetic way, his prayers were answered. That was back in another time, another world.

"In 2000, someone dropped a litter of cats (not kittens) off at our rented place in the country. There were five of them running around with no direction, food or shelter other than a barn that was only used for storage by our landlord. I had never owned a cat before, but to see the 'runt' of the bunch come running to me one day when I pulled into the driveway pulled my heartstrings. He was hungry and sick. His siblings had been killed in the road by cars, one by a tractor in the field. We took him in, and then to the vet. He’s been with us ever since – 10 years now.
 
His name is Skeet Beet, not sure why, other than he was so skinny when he came to us that he looked (to the daughter) like a “skeeter” (mosquito). Since then he has taken on many other names, such as Scooby (being the most common), Beeps, Bees Louise and more. He answers to all of them. Whenever we took the dog for a walk he wanted to go, too. He would walk along with us and come inside when we were done.
 
We have since moved and he has become an “indoor cat," still a crazy boy always wanting to get out...but he’s our “baby." He has a great personality, never a curtain climber or kitchen counter cat. He wants lovin’s and scratchin’s and is happy just snuggling with me or his sister.
 
I have learned that you can take the cat out of the barn, but you can’t take the barn out of the cat!"
 
Scooby says:  "I want to be Pet of the Week because my mom loves animals so much and visits the animal shelter on a regular basis. She would donate the gift certificate to them. They do great things there for some of us who need some help finding our families."