The ownership of two vehicles that may have been part of business transactions between Scott F. Doll and Joseph Benaquist remains in dispute.

The ownership claims were at the crux of a defense motion heard by Judge Robert Noonan in court this morning.  Doll, who is accused of killing Benaquist in February, is seeking the return of the vehicles because a financing company wants to be paid for the cars.

The vehicles, a Pontiac G6 and a Chevy Malibu, are currently being held by the District Attorney's office because of their evidentiary value.  D.A. Lawrence Friedman opposes both vehicles being returned to Doll, as well as a minivan owned by Doll's mother.

Noonan will issue a ruling at a later date.

An attorney for the estate of Benaquist, Robert Tronolone, put the value of the two cars at $18,000. He said the cars should not be returned to Doll because they are the rightful property of the Benaquist estate.

Attorney Daniel Killelea, appearing on behalf of Doll, asserted that both cars belong to Doll. That Doll purchased the Pontiac at the Odessa Auction in order to resell it, and Benaquist had signed over title to the Malibu so it could be sold through the dealership operated by Doll and Benaquist.

Friedman alleges that the title to the Malibu was forged and that Benaquist had title and insurance for the car in his name and had used it as his own personal vehicle. Friedman also said Benaquist purchased the Pontiac so it could become his personal vehicle. Doll was supposed to complete payment for it though the company's account because private individuals can't buy cars at the auction.

Friedman indicated payment was never made. He further alleged that Doll borrowed money against the Malibu.

"The people presents this as facts, but it's pure speculation," Killelea said. "The records show Mr. Doll purchased (the Pontiac) and whether he purchased on Mr. Benaquist behalf is pure speculation."

Killelea said that after five or six months, the state should have gathered all the evidence it needs for trial from all three vehicles, so they should be released to Mr. Doll. 

Friedman said he wasn't going to concede that all of the evidence has been gathered nor that the vehicles would not be shown at trial to a jury.

Judge Noonan did not indicate when he would issue his ruling.

It turns out that one of the three young men arrested Saturday night for allegedly breaking into the Harvester Center has strong ties to Batavia.

He is Justin S. Fay, 24, a former Batavia High School honor student and Boy Scout Troop 6069's first Eagle Scout. He was also enrolled in the honors program at University of Buffalo.

Fay, along with two alleged accomplices with home addresses from outside Genesee County, was taken into custody Saturday night during a heavy rain storm at the Harvester Center. A lock had apparently been picked, which is how the trio allegedly gained entry to the building.

At the time of his arrest, Fay apparently listed his home address in Rochester, but previously he lived in Batavia, according to police.

An April 10, 2003 article in the Batavia Daily News says Fay lived on Naramore Drive with his mother Mary Ann Fay. According to police records, Fay was a witness in a 2002 incident and listed his address on Naramore Drive.

The Daily News story is about Fay, then 18, becoming an Eagle Scout.

For his Eagle Scout project, Fay cleared hiking trails at Godfrey's Pond, cutting away overgrowth and putting down new path bumpers.

Scouting has been a life-changing experience, he said.

"I learned valuable leadership skills, how to gain and give respect, and how to be a good person and follow the Scout law in my everyday life," he said.

In 2001, in Grade 11 at BHS, Fay was listed in the paper as an honor student. He was again listed in 2002 as a senior.

As for his time at the University of Buffalo, the Daily News reported on June 20, 2005:

Justin Fay of Batavia has been inducted into the Omicron Chapter of Phi Beta Kappa Honorary Society at the University at Buffalo. Students selected must be seniors in a liberal arts degree program and maintain a 3.75 or higher GPA. Justin is majoring in computer science and engineering.

Sarah Lace Tadusz, 19, of 7140 Scotland Road, Akron, is charged with unlawful possession of marijuana. Tadusz's car was stopped in Alabama for allegedly not having a front license plate. During the traffic stop the odor of burnt marijuana drifted from the car, according to Deputy Chris Parker.  Upon further investigation by Parker and Deputy Kevin McCarthy, Tadusz was found to allegedly possess two small bags of marijuana, a smoking pipe with residue and a small glass vial with marijuana.

Twenty-five-year-old Tonya Marie Weber is apparently having a tough week with local law enforcement.

Yesterday we reported that Weber was arrested for allegedly possessing stolen property -- a pit bull puppy. Now, we get a press release stating that she is in trouble for allegedly trespassing at the demolition derby Saturday night.

Weber, of 52 N. Pearl St., Oakfield, had been reportedly kicked out of the venue for allegedly fighting and later returned, which led to the trespass charge.

Here's our previous blotter item on Weber:

Tonya Marie Weber, 25, of 52 N. Pearl St., Oakfield, is charged with criminal possession of stolen property. Weber allegedly had a pit-bull puppy that belonged to another person. She then reportedly gave the puppy away, preventing the original owner from recovering the puppy.

UPDATE Tuesday, 10 a.m.: Make that three times this week for Weber. According to a Batavia PD report, Weber was arrested at 2:50 a.m. Sunday at Sport of Kings on a disorderly conduct charge. Weber was allegedly in the parking lot making loud noises and yelling profanities. She was reportedly warned that if she continued to yell profanities, she would be arrested. According to the report, she agreed to settle down. She then entered the restaurant and sat at a table. She again allegedly started yelling profanities. At that point, she was placed under arrest.

The Batavia Lions Club gave away a pair of bicycles at Monday night's game between the Batavia Muckdogs and the Mahoning Valley Scrappers.

Everybody was a winner at the game sponsored by the Lions Club as Batavia downed the Scrappers 2-0, with three pitchers combining for the shutout. But a pair of youngsters walked away with an extra prize.

Gunner Rapone of Batavia was the winner in the boy's bike raffle and Jessica Perry of Strykersville took home the girl's bike.

Lions Club president Steve Watson is also in the photo, presenting the prizes to the winners.

It took just two runs in the 7th inning for the Muckdogs (20-18) to shutout the Scrappers (22-16) for the win.

Ryde Rodriguez singled and Niko Vasquez followed with a two-base hit to put two runners on for Luis De La Cruz to come up with the big two RBI single.

Justin Edwards started the game going six innings with four hits and two walks and strikeouts.  Johnny Bravo (2-0, 0.00) followed him, getting the win in his two innings of work with one hit, two walks and three strikeouts.  Santo Maertz finished up the 9th with just one hit and two strikeouts.

 Rodriguez had the only multi-hit night for Batavia, going 2-for-3 with a run scored.

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Aerial photos of the destructive path of Saturday's tornado along Route 77 in Darien and Route 33 in Corfu. The photos were provided by the State Police and the Genesee County Emergency Management Office.

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Previously:

• Recap: Tornado strikes Corfu, damages homes and businesses, but no injuries reported
• Tornado hits Corfu, power lines down, Route 33 closed
• No injuries reported after tornado touches down in Corfu
• Corfu tornado videos submitted to YouTube
• Thunderstorm watch issued, nickel-sized hail expected
• Corfu tornado: Power lines down, buildings damaged, no injuries

(UPDATED 9:40 p.m.)

David W. Connors, the Livonia man injured in an accident at the demolition derby on Saturday, has died.

The Sheriff's Office confirmed his death this afternoon. He was prounced dead at 1:31 p.m. at Strong Memorial Hospital, according to a release issued late this evening.

Connors, 64, was a safety official at the demolition derby and was on the derby's track when one car struck another, spinning the second car around violently about 180 degrees. The back of the second vehicle then struck Connors.

The driver of the mini-van that struck Connors has been identified as Eric Weis, 27, of Batavia.

The accident occurred about 8:21 p.m. Saturday.

As soon as Connors was hit, crews from the Stafford and Elba fire departments as well as Batavia ambulance personnel jumped over a concrete barrier from where they were standing and went to his aid. A yellow vinyl barrier was erected around him while emergency personnel tended to him. 

He was quickly transported via ground ambulance to UMMC and later transferred to Strong Memorial Hospital in Rochester where, as of about 10 a.m. this morning, he was still listed in guarded condition.

It's too soon to say that life is returning to normal for residents of Corfu, which was hit by a category 1 tornado Saturday evening, but utilities have been restored and clean up work is under way.

State and federal officials will visit Corfu later this week and assess the damage to businesses.

Emergency Management Coordinator Tim Yaeger spoke with WBTA this morning.

Previously:

• Recap: Tornado strikes Corfu, damages homes and businesses, but no injuries reported
• Tornado hits Corfu, power lines down, Route 33 closed
• No injuries reported after tornado touches down in Corfu
• Corfu tornado videos submitted to YouTube
• Thunderstorm watch issued, nickel-sized hail expected
• Corfu tornado: Power lines down, buildings damaged, no injuries

Joshua D. Quaintance, 21, of 31 Buffalo Road, Bergen, is charged with assault in the third degree. Quaintance and a 17-year-old companion are accused of striking another person in the head causing an injury during a July 18 incident on Richmond Avenue in Bergen. The incident was investigated by investigators Timothy Weis and Kris Kautz. Both defendants were released without bail.

Tonya Marie Weber, 25, of 52 N. Pearl St., Oakfield, is charged with criminal possession of stolen property. Weber allegedly had a pit-bull puppy that belonged to another person. She then reportedly gave the puppy away, preventing the original owner from recovering the puppy.

Cheri A. Himmerlreich, 45, of 111 Paddock Drive, Dewitt, is charged with DWI and with driving with a BAC of . 08 or greater. Himmerlreich was stopped for allegedly speeding on Route 98 in the Town of Batavia. Deputy Kevin R. McCarthy investigated and concluded that Himerlreich allegedly consumed alcohol prior to driving.

Bruce I. Fuller, 63, of 693 Sanford Road, Churchville, is charged with criminal possession of stolen property. Fuller was stopped by Batavia Police Officer T.S. Mart on Clinton Street after it was determined Fuller was driving a rental vehicle he allegedly failed to return when the rental term expired. He was remanded to Genesee County Jail on $3,000 bail.

Todd M. Kemp, 36, of 6 Lehigh Ave., Batavia, is charged with harassment. Kemp allegedly kicked and pushed a woman he knows yesterday evening. Kemp was remanded to Genesee County Jail on $750 bail. Batavia Police Officer W. C. Fenton investigated the incident.

Jacob S. Smart, 27, of 6437 Albion Road, Oakfield, is charged with DWI. Smart was spotted early Sunday morning by Sgt. Brian Frieday of the Sheriff's Office driving on Albion Road and allegedly crossing the double yellow line. Smart was also cited for failure to keep right.

Ronald Edward Johnson, 19, of 8081 Blackstreet Road, Le Roy, is charged with two counts of criminal possession of a controlled substance. Johnson was reportedly the passenger in a car that was stopped in the Village of Le Roy for tailgating. During the traffic stop Saturday at 12:16 p.m., Johnson was allegedly found in possession of cocaine. Deputy Brian Thompson was the arresting officer.

David John Reschke, 18, of 9741 Transit Road, Stafford, is charged with unlawful possession of marijuana. Reschke was a passenger in a vehicle stopped for a traffic violation Saturday at 1:17 p.m.  Reschke was allegedly found in possession of marijuana by Deputy Brian Thompson.

Jacob William Paniski, 27, of 2306 Brewerton Road, Brewerton, is charged with petty larceny. Paniski is accused of shoplifting from the gift shop at Darien Lake Theme Park.

Sammantha Nicole Frear, 21, of 2306 Brewerton Road, Syracuse, is charged with harassment, Frear is accused of pushing a loss-prevention officer while at Darien Lake Theme Park.

Joshua J. Swimline, 26, of 1270 Main Road, Corfu, is charged with DWI with a BAC of .08 or greater, driving with a suspended registration and unlawful possession of marijuana. Swimline was stopped Thursday morning on Route 77 in Pembroke by Deputy Patrick Reeves and Deputy Bradley Mazur for allegedly driving a car with a suspended registration. Upon further investigation, Reeves and Mazur allegedly found Swimline intoxicated.

Jeanna Marie Hattaway, 22, is charged with harassment. Hattaway allegedly pushed another person during a domestic dispute. The alleged incident took place yesterday at 12:49 p.m..

Center Street Smoke House: Good, Southern, down-home cooking that will hit the spot, even if you're not from North Carolina. We have a $25 gift certificate for $12.50.

Main St. Pizza Company: Main St. is popular with Batavians for a reason: Every item on the menu is expertly prepared. For Main Street, we have four $5 gift cards ($20 total) for $10.

Sport of Kings Family Restaurant, 419 W Main St., Batavia, N.Y.: A favorite locally owned family restaurant that is open 24 hours per day, seven days a week. We have a $15 gift certificate for $7.50.

Belladessa's Pizzeria, 9 Jackson St., Batavia, N.Y.: Umm, pizza and wings! We have a Family Meal Deal ($25 value), which is a large pizza, 24 wings and a 2 litre soft drink for $12.50.

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

A $1 PayPal service fee applies on items more than $10. The fee is 50 cents on items below $10.

Rules: The gift certificate must be used by within 30 days of purchase. It is not valid with other offers and has no cash value. People who have won a certificate in the past 30 days are not eligible to win a certificate from the same business as before. Gift certificates cannot be combined with other offers without prior approval of the merchant. Gift certificates bought separately cannot be combined for a single purchase. By state law, gift certificates cannot be used for alcohol purchase.

How to Win: Purchase using the PayPal "Buy Now" button below. After the first person to hit the "buy now" button completes the purchase, PayPal will let you know that the item has been sold. The winner has up to 48 hours to make arrangements to pick up the gift certificate at The Batavian office in Downtown Batavia, or, unless other arrangements are made, the gift certificate will be mailed to the address associated with the PayPal account.

Center Street Smoke House

SOLD

Sport of Kings

SOLD

Belladessa's

SOLD

Settler's

SOLD

Main St. Pizza

SOLD

Overheard on the scanner: Mother-daughter domestic. Mother took daughter's cell phone away.

Responding officer: "Let me guess, the daughter called."

And my first thought: "And we'll have fun, fun, fun until your mother takes your cell phone awaaaaay."

After back-to-back years of Genesee County residents winning the Town of Batavia Fire Department's annual Harley raffle, a Pine City man was awarded the prize in last night's drawing.

The winning ticket was pulled late in evening at the department's annual raffle party at its recreation hall and James D. Reese came up the winner.

The department also drew winning tickets for four $500 prizes and the winners were Leonard Wipf of Rochester, Dan Ferrari, of Rochester, Donald Cube of  Ithaca and Laura Debicki of Dunkirk.

Lt. Nate Fix, who headed up organization of the event, reports that even with the heavy rain, 845 people braved potential soaking to listen to 7th Heaven, who performed on a stage provided by Parise's, and dined on Clor's BBQ.

"It wasn't too bad considering the unfortunate extreme weather conditions the county experienced," Fix said. "Last year's door count was 870 people. If the weather wouldn't have been a factor, I'm confident we would have broke over 1,000 guests."

A severe thunderstorm capable of producing quarter-size hail is on its way to Batavia, according to the National Weather Service.

The storm is entering Genesee County at Darien now and is expected to reach Batavia around 2:25 p.m.

The warning is effect until 2:30 p.m.

In the midst of last night's heavy downpour, Batavia police officers were searching through the Harvester Center for alleged intruders.

A tenant in the building spotted people he didn't recognize in the complex and called police.

Three young men from outside Genesee County were taken into custody and charged with burglary.

The alleged break-in occurred at 9:30 p.m.

Arrested where:

• William F. Wernert III, 24, of 2796 Patrick Henry St., Auburn Hills, Mich
• Cory C. Pickering, 22, of 253 Morgan St., Tonawanda
• Justin S. Fay, 24 of 505 University Ave., Rochester

All three were taken to Genesee County Jail and held on $10,000 bail each.

Wernert is also charged with possession of burglary tools. He allegedly picked a lock so the trio could enter the building.

The investigating officers were Matthew Baldwin, Eric Hill, Frank Klimjack, Jason Davis and Christopher Camp.

UPDATE: Officer Wayne Fenton also assisted in the investigation. His name was inadvertently not included in the original release from the PD.

(UPDATED 6:45 a.m., July 27)

A 64-year-old man from Livonia was injured last night at the demolition derby at the Genesee County Fair, the Sheriff's Office confirmed in a news release this morning.

The victim, who was a safety worker, has been identified as 64-year-old David W. Connors. Nor has the 28-year-old driver, from Batavia, of the car that struck him.

Connors is at Strong Memorial Hospital in Rochester where he is in guarded condition.

The accident occurred at 8:21 p.m.

A City of Batavia ambulance was on scene immediately, as were personnel from the Stafford Fire Department and the Elba Fire Department. The victim was transported to UMMC and then transferred to Strong.

The ongoing investigation is being handled by Deputy Frank Bordonaro, Sgt. Steve Mullen, Sgt. Gregory Walker and Deputy John Duyssen of the Crash Management Team.

No other information is available at this time.

Thankfully, says Corfu resident Mickey Zanghi, she and all her neighbors are safe.  When she looked out her window Saturday evening and saw a tornado bearing down on her neighborhood, she could hardly believe her eyes.

"All I said was, 'Oh my God, there is a 'ummm' tornado," Zanghi said (pictured, lower left), "and that was it. That's all you can think was to think of your family first and take cover."

The storm struck Darien first, then tore through Corfu just a little before 5 p.m., and only minutes after the National Weather Service had issued a severe thunderstorm watch that speculated about the possibility of a tornado forming in Genesee County.

No injuries were reported as a result of the short, intense storm.

The storm first touched down in Corfu at a business residents there call the Greenhouse, which is near the Pizza Pantry.

Louie Reeb was standing with some fellow members of his work crew at the Pizza Pantry and commenting on how nice it looked outside and the rain had apparently abated, but then the winds hit.

"We noticed how bright it had gotten," Reeb said. "The rain had stopped and the sun had come out so we were standing at the window and all the sudden the wind started picking up and you could see the debris flying along with it, so we just all scattered to get away from the windows. It was kind of weird. It looked so beautiful and then a minute later it had hit the house up the street and all the debris was just flying through the air."

The Pizza Pantry was unscathed in the storm, but the nearby Greenhouse was leveled.

At the town bar on Main Street, patrons were enjoying each others' company and beers on the porch when the weather suddenly turned ugly.

"We heard this huge roar, everything was swirling around, winds were blowing like crazy for about 15, 20 seconds, it rained like crazy and that as it," said Terry Paine.

In just a few short minutes, according to area officials, a rare event for Western New York -- a tornado -- ripped through Darien and Corfu, uprooting trees, knocking down power lines and and damaging homes and businesses.

"We thought it was a loud train going by, so we thought maybe it was a crash with a train, and we looked out our window and there was the tornado smack dab in front of us," Zanghi said. "There was a lot of destruction."

About 20 to 25 homes in Corfu, and another dozen in Darien, were damaged, according to officials. Most of the damage was mild to moderate, mostly caused by flying debris. Two homes in Corfu suffered more serious damage, but no homes were destroyed.

A trampoline came to rest on the roof of her house, Zanghi said.

There were some outbuildings and barns that were destroyed, officials said.

"It's very concerning that you want to make sure that none of your fellow friends or your family are involved or hurt, but the major portion of that was taken care of quickly," said Corfu Fire Chief Brian McMartin, who watched the tornado as it left Corfu from his back yard. "We did a rapid response, we did some initial assessment and that went pretty well."

Judy Levan, of the National Weather Service, described the tornado as a category 1 event (the most severe tornado is a 5) with winds up to 100 m.p.h. and a four-mile-long path about 100 yards wide.

"Those are preliminary numbers and we will be doing a fly-over tomorrow morning and we'll be able to firm up exactly what the damage path was," said Levan.

The last tornado to hit Genesee County struck in 1993 and claimed the life of a truck driver, Levan said. Paine said he remembered another tornado passing through Corfu some 20 years ago.

Previously:

• Tornado hits Corfu, power lines down, Route 33 closed
• No injuries reported after tornado touches down in Corfu
• Corfu tornado videos submitted to YouTube
• Thunderstorm watch issued, nickle-sized hail expected
• Corfu tornado: Power lines down, buildings damaged, no injuries

Video below is of the press conference later Saturday evening.  My camera is not working right, so I missed most of Tim Yaeger's opening remarks, but everything else came out OK.

UPDATE 10:54 a.m.:

We just received the links to the two tornado videos below shot by Cory Coles. They were shot with his cellphone.