Three men accused of illegally accepting bets, including two city firefighters, are being charged under NYS law of racketeering.

The "enterprise corruption" statute is similar to the federal RICO (Racketeer Influenced and Corrupt Organizations Act) law.

The Class B non-violent felony carries a possible minimum sentence of one to three years in prison and a maximum eight-and-a-third to 25 years. Probation without prison is not a sentencing option.

Gregory Phillips, Brian Bordinaro, both city firefighters, and  Lance Engel, a chef at the Western New York Veterans Home, appeared in Batavia City Court today to answer to the new charges, which also included promoting gambling, a Class E felony.

All three men entered not guilty pleas.

"My client entered a plea of not guilty and we certainly stand by that plea," said Engle's attorney, Joseph LaTona, outside the courthouse after the proceedings.

Their cases were bound over until Oct. 23, giving the District Attorney's Office time to consider whether to seek a grand jury indictment or take another course of action -- such as a possible plea deal.

All three men are out of jail on their own recognizance.

In February, they were arrested following an investigation by the Local Drug Enforcement Task Force, and charged with criminal possession of gambling records, a Class E felony. Philips was also charged with criminal possession of a controlled substance, 7th, for allegedly possessing a small amount of cocaine.

Investigators claim the three men were conducting an illegal bookmaking operation that grossed more than $1 million in bets and generated more than $70,000 in profits. 

The trio's defense attorneys today were presented with what is known as "discovery" -- material that the DA believes substantiates the charges. In this case, each attorney walked out of the courtroom with paperwork nearly six inches high.

The material represented, according to Sgt. Steve Mullen of the Genesee County Sheriff's Office, the fruits of his team's investigation, including phone records, text messages and other records collected so far.

There are still computer and mobile photo data to be compiled and analyzed, Mullen said, and any new evidence uncovered could potentially be turned over to District Attorney Lawrence Friedman, who could consider additional charges.

According to article 460 of the NYS penal law, a person is guilty of enterprise corruption when the person has knowledge of a criminal enterprise, participates in and has an interest in (as in ownership) of that criminal enterprise and is guilty of at least two other felonies (not including conspiracy) associated with the criminal enterprise.

One of the key elements in a case like this that sets an illegal gambling operation apart from legal forms of gambling in New York is that bookmakers often extend credit to their customers, Mullen said.

"If you go to the Downs or buy lottery tickets, you're spending money you have in your pocket," Mullen said. "It can still effect your family in adverse ways by spending money that is dedicated, or could be better dedicated, to other necessities in the home. In (a bookmaking) case, you’re able to gamble and continue to gambling without having the money in your pocket.

"From what the records (in this case) show," Mullen added, "there are people who ended up thousands and thousands of dollars in debt."

Mullen acknowledged that there are people in the community who don't think the bookmaking laws should be enforced, but it's not his job to change the law, just enforce it.

"Certainly, if these guys did profit in excess of $70,000, like it’s alleged, then it means there’s some people who are out of a substantial sum of money," Mullen said.

PHOTOS: Top, Phillips and Engle arriving at the courthouse; inset, Mullen; below, LaTona holding an armload of "discovery" and very bottom, Phillips leaving court with his attorney.

A motorcycle and car accident is reported on West Saile Drive in the Town of Batavia, which has its fire department responding along with Mercy medics and law enforcement.

UPDATE 2:03 p.m.: Town of Batavia is back in service. The motorcyclist/patient is inside Stan's Harley Davidson, located at 4425 W. Saile Drive.

UPDATE 2:07 p.m.: Must have been a sign-off. Mercy medics are back in service.

UPDATE 2:10 p.m.: The motorcyclist has a minor road rash.

Joshua L. Webster, 25, of 7882 York Road, Pavilion, is charged with burglary, 3rd, grand larceny and criminal mischief, 4th. Webster is accused of burglarizing a residence April 12 on Clinton Street Road, Bergen. Webster allegedly stole more than $1,000 in property. Bail on this case was set at $10,000 cash or $15,000 bond. Webster was previously arrested over the weekend and accused of fleeing from an accident on West Main Street, Batavia, and escaping through Batavia Downs.

Robert Charles Polcyn, 70, of Renouf Drive, Rochester, is charged with possession of untaxed cigarettes and failure to keep right. Polcyn was stopped at 3:57 p.m. on Byron-Elba Road, Byron, for an alleged traffic violation by Deputy Timothy Wescott. Polcyn was allegedly found in possession of 4,400 untaxed cigarettes.

Trisha Rose Santora, 29, of Seneca Avenue, Batavia, is charged with criminal contempt, 2nd. Santora is accused of violating an order of protection.

An 18-year-old driver is accused of failing to yield to another vehicle at the intersection of Route 77 and Indian Falls Road, leading to an accident that sent six people to area hospitals, two via Mercy Flight.

The accident was reported at 11:22 p.m., Monday, and Pembroke and Indian Falls fire departments responded along with an ambulances from Darien, Akron and Mercy EMS.

Mercy Flight 5 and Mercy Flight 7 were dispatched to the scene.

Three patients were airlifted to Erie County Medical Center: Jeremy W. Myrick, the driver of the first vehicle, and Jacob N. Lekopites, 17, a passenger in Myrick's 1991 Pontiac sedan.

Myrick, of Maryvale Drive, Cheektawaga, was cited for alleged failure to yield.

According to the accident investigation report prepared by Deputy Jason Saile, Myrick was westbound on Indian Falls Road when he pulled onto Route 77 in front of a northbound vehicle.

Driving north was Ocie Bennett Jr., 36, of West State Street, Albion. In the 2005 Ford SUV with Bennett was Patricia Smith, 54.

Both Bennett and Smith were transported to the hospital in Medina.

Two other passengers in Myrick's vehicle, Coty L. Kimmel and Adam G. Woodworth, both 18, were transported to UMMC.

Myrick is listed in fair condition at ECMC. Lekopites was treated and released.

(Initial report)

Thomas L. Hill Jr., is indicted on four counts of criminal possession of a controlled substance, 3rd. Hill is accused of possessing cocaine with the intent to sell it Oct. 8 while at 335 Bank St., Batavia, and again on Jan. 7 at 174 Ross St.,  Batavia.

Albert A. Ackerman is indicted on a charge of felony DWI. Ackerman is accused of driving drunk Nov. 6 on Route 5 in the Town of Le Roy. Ackerman is accused of a prior DWI in 2009 in Florida.

Danielle Hendrickson is indicted on a charge of criminal possession of a forged instrument, 2nd. Hendrickson is accused of possessing, with the intent to defraud, a forged check in the amount of $50 drawn on the account of a local couple.

Shawn J. Scheg is indicted on a felony count of DWI and felony driving with a BAC of .18 or greater. Scheg is accused of driving drunk Jan. 8 while on West Sweden Road, Bergen. Scheg is accused of having a prior DWI conviction in the Town of Batavia in May 2002.

WKBW: Ryan Pushes Legislation to Ban the Sale of Flavored Tobacco

A serious injury motor-vehicle accident has been reported at Route 77 and Indian Falls Road, Pembroke.

Pembroke and Indian Falls responding.

Mercy Flight requested to the scene.

Corfu Fire Department requested to the scene to set up a landing zone.

Darien ambulance requested to the scene, mutual aid.

UPDATE 11:37 p.m.: A total of three ground ambulances along with Mercy Flight requested to the scene. All victims extricated.

UPDATE 11:39 p.m.: Route 77 northbound being shutdown at the Thruway interchange.

UPDATE 11:42 p.m.: Mercy Flight 5, five minute ETA.

UPDATE 11:44 p.m.: Mercy Flight 7 requested to the scene. Darien, Mercy EMS and Akron ambulances in route. A total of five victims. Mercy Flight 5 is in sight of the ground contact.

UPDATE 11:49 p.m.: Mercy Flight 5 has landed.

UPDATE 11:52 p.m.: Mercy Flight 7, 12 to 15 minute ETA.

UPDATE 11:56 p.m.: Both vehicles are about 50 feet off the roadway. One is on its roof. The other has heavy front-end damage.

UPDATE 11:59 p.m.: Darien ambulance transporting one to UMMC.

UPDATE 12:05 a.m.: Mercy Flight 7 on the ground.

UPDATE 12:11 a.m.: Akron in route to Medina with two patients.

UPDATE 12:31 a.m.: Corfu back in service.

UPDATE 12:43 a.m.: Pembroke and Indian Falls back in service. Route 77 reopening.

Fair warning: Don't pass a legally stopped school bus in the City of Batavia on Wednesday.

Of course, you should NEVER pass a school bus that is stopped to drop off or pick up schoolchildren, but on Wednesday, such negligence might make you more vulnerable to a ticket and hefty fine.

As part of a Governor's Traffic Safety Committee grant, Batavia PD will deploy marked and unmarked patrols in select areas looking for cars that decline, refuse or forget to stop for a school bus as required by law.

Officers on Wednesday will also be conducting speed enforcement in school zones.

Joshua L. Webster, 25, of 7882 York Road, Pavilion, is charged with aggravated unlicensed operation, 2nd, leaving the scene of a property damage accident and failure to yield right of way; Jessica L. Engelhardt, 21, of 7882 York Road, Pavilion, is charged with falsely reporting an incident and offering a false instrument for filing, 2nd. Webster was allegedly involved in an accident at 4:15 p.m., April 9, on West Main Street near Tops Market. Webster allegedly fled the scene on foot. Webster was reportedly identified by readers of The Batavian after his picture at Batavia Downs was posted on the website. Engelhardt, who is reportedly married to Webster, is accused of falsely reporting the vehicle stolen in an effort to cover up her husband's involvement in the accident.

Eric M. Duda, 50, of 111 Liberty St., Batavia, and Summer Ogden, 36, of 123 Washington Ave., Batavia, are both charged with criminal contempt. Duda and Ogden are both accused of violating orders of protection that prohibit them from being in each other's company. They were allegedly found together during a residence check by the Probation Department. Both were jailed on $5,000 bail.

Evan Ryan Anderson, 30, of Batavia, is charged with criminal possession of a controlled substance, 7th, driving with ability impaired by drugs and No/inadequate headlamps. Anderson was stopped at 11:50 p.m., Friday, on Route 5 in Pembroke by Deputy Patrick Reeves.

Luke Anthony Bacon, 19, of East Avenue, Akron, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, speeding (82 in a 55 mph zone), and failure to keep right. Bacon was stopped at 12:18 a.m., Sunday, on Akron Road, Pembroke, by Deputy Patrick Reeves.

Mark Russell O'Gee, 58, of South Street Road, Le Roy, is charged with criminal contempt, 2nd. O'Gee is accused of violating an order of protection by entering a residence he was barred from entering.

Christopher Michael Ames, 40, of Maple Avenue, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater and unlawful possession of marijuana. Ames was reportedly observed at 8:56 p.m., Friday, in a vehicle park behind an unoccupied building on Lewiston Road, Alabama, that is for sale. Upon further investigation by Deputy Chad Minuto, Ames was allegedly found to be in an intoxicated condition.

Kimberly A. Showler, 46, of 4 North Spruce St., Batavia, is charged with petit larceny. Showler is accused of shoplifting from a store on East Main Street, Batavia.

Lesley Marie Brice, 33, of Miller Avenue, Buffalo, is charged with harassment, 2nd. Brice is accused of pushing and shoving another person during a verbal argument that allegedly turned physical at 6:24 p.m., Friday, at a location on Main Street, Pembroke. Also arrested in connection with the incident was Angel Victoria Ramos, 19, of Main Road, Pembroke, who is charged with harassment, 2nd. Ramos is accused of hitting another person during an argument.

After the tractor fire on Dorman Road in the Town of Batavia, I drove over to Cookson Road -- some of which is unpaved. I stopped in this wooded area and decided to make a picture. What may be notable -- by my memory, the past couple of years, this area has been knee-deep in water. When I was in California, we would have called this a drought condition, but according to U.S. Drought Monitor, we are not currently in drought conditions.

There is a wind advisory in effect for tonight until midnight.

Winds of 20 to 30 mph are expected, with possible gusts up to 50 mph.

The weather service warns that gusty winds will make travel difficult for high profile vehicles and may result in falling tree branches and blowing debris.

There is a 50-percent chance of thunderstorms tonight.

A "very small" grass fire is reported at 13 Woodland Drive in the Town of Batavia, which has its fire department on scene.

The broken water main in Elba has been repaired and water service restored.

Route 98 will remain closed for a couple of more hours while crews patch the roadway.

A tractor fire is reported at 9322 Dorman Road in the Town of Batavia, which has its fire department responding. It is not near any structures.

UPDATE 4:50 p.m.: The fire is out. All units returning to service.

UPDATE: Joe Valone, owner of Pheasants on the Flats, was mowing his property this afternoon when he looked down and saw flames popping out from his engine compartment. He tried to extinguish the fire himself, but couldn't. By the time firefighters arrived, the entire compartment was engulfed in flames. The tractor is a 1957 Ford that Valone had restored about two years ago.

A motorcycle accident with possibly serious injuries is reported at 6328 Route 19 in Bergen. Bergen Fire Department and Mercy medics are responding.

UPDATE 12:07 p.m.: Law enforcement is responding. Traffic is impacted.

UPDATE 12:10 p.m.: Fire police are called to shut down traffic on Route 19. The motorcycle is on fire.

UPDATE 12:12 p.m.: Southbound Route 19 will be shut down at Sackett Road. The accident is between Sackett and Bissell roads, by the gun club, on the bridge.

UPDATE 12:16 p.m.: A crew from Churchville is requested to fill in at the Bergen Fire Hall.

UPDATE 12:23 p.m.: The motorcycle fire is out.

UPDATE 1:36 p.m.: (Provided by Howard, who is at the scene.) This was a fatal accident. One man from Monroe County was killed. There were no other injuries. According to Sheriff's Deputy Chief Jerome Brewster, a 2006 Honda motorcycle was headed northbound on Route 19 north of the Village of Bergen when it collided with another northbound vehicle. Witnesses said the motorcyclist had been speeding. Upon impact, "the motorcycle dropped to its side and skidded quite a distance down the roadway before hitting a guard rail, ejecting the driver," Brewster said. The victim was dead by the time emergency crews arrived. The other vehicle was a full-size SUV.

UPDATE 2:20 p.m.: Authorities say the roadway will be reopened in about a half hour.

UPDATE 2:57 p.m.: Route 19 is reopened. Bergen units are back in service.

UPDATE: The driver has been identified as 26-year-old Gregory P. Healy, of 18 Keith Terrace, North Chili. Healy was riding a 2006 Honda and investigators believe he attempted to pass a 2007 Toyota SUV at a high-rate of speed in a no-passing zone.  Healy's bike struck the SUV's left rear tire. The motorcycle tipped and skidded into a guardrail over Black Creek on the highway's west edge. Healy was ejected. He was pronounced dead at the scene by Coroner Roberrt Yungfleisch.  The driver of the SUV, Denine Scott of Batavia, was not injured.  The investigation is being handled by Deputy John Baiocco, Sgt. James Meier and Sgt. William Scott of the Crash Management Team. Bergen Fire assisted at the scene.

A water main has broken in the Village of Elba and crews expect repairs, which will start at 11 a.m., to take all day.

The break in the 20-year-old line appears to have occurred in the area of 25 North Main St.

Water to a portion of the village will be shut off at 11 a.m.

Traffic on Route 98 will be rerouted during the daylong repairs.

For the 40th straight year, business and community leaders gathered to honor a group of hard working and visionary people who help enrich life in Genesee County.

The chamber of commerce awards ceremony was held at the Clarion Hotel again this year and more than 300 people attended.

Stories about the 2011 winners:

• Geneseean of the Year thrives on helping people become all they can be
• Baskin Livestock blossomed from a good idea, labor and luck
• Adept Equipment Services -- the 'go-to-guys' for all things mechanical
• Graham Corp. puts high premium on small community and its workers
• Arctic Refrigeration Co. of Batavia heating things up
• Palm Island Indoor Water Park making a big splash

If you're unable to view the slide show, click here. 

To purchase prints of these photos, click here.

A vehicle fire is reported on the eastbound Thruway between mile marker 375 and 378. Town of Batavia Fire Department and Le Roy medics are responding.

UPDATE 7:26 p.m.: It's a white Ford Escort. UPDATE 7:35 p.m.: Le Roy medics are back in service. There were flames coming from the vehicle, now there's just some smoke, and they're watering it down to cool it off.

The Oakfield Historical Society Museum officially opened for the season today with two new displays -- one about World War II on the home front and the other on the five major fires in Oakfield in the 1800s. The fire department's vintage pumper, purchased in 1863, was rolled over to the museum to display during the open house.

The event coincides with the book the historical society just published called "Main Street Ablaze." The museum is located at 7 Maple Ave. in the Village of Oakfield.