A 21-year-old man was able to get himself out of his van early this morning after he drove it through a barrier on Walnut Street and into the Tonawanda Creek.

A witness said the van appeared to have crashed through the barrier at a high rate of speed and a police source said he may have been drinking.

No official police report is available this morning.

The accident occurred shortly after 5:30 a.m. at the turn of Walnut Street into South Main.

Cassandra Costner, who lives with her husband and children right at the intersection, said her family was sleeping when they heard a large boom. She looked out the window and saw the barrier down and called 9-1-1.

When she came outside, she said she and her husband were surprised by what they found.

"We saw the car in the creek and were like, 'Oh, wow, crazy,'" she said.

Costner said the driver came up the bank of the creek saying, "I'm OK. I'm OK. It's not as bad as it looks."

The driver was reportedly transported to UMMC by Mercy EMS, but no information has been released on his injuries, if any.

While at least one witness said he saw somebody running from the scene, Costner said she didn't see anybody at the scene other than the driver.

The van went through a wooden, reinforced barrier, a chain-link fence, over a boulder and down about 10 feet of embankment before landing in the water.

"We've lived here six years and never seen a car go in the creek," Costner said. "It's just crazy that somebody was going that fast, but people go flying down this road. It's gotten better since they put in the roundabout, but people just haul ass down this road."

The first significant snowstorm of the season is on its way to Genesee County, according to the National Weather Service, which has issued a severe storm warning for the area.

The lake effect snow warning takes effect from 7 p.m., Sunday, through noon, Monday.

Storm totals over night are expected to be from three to five inches, with another one to three inches Monday for a storm total of four to eight inches.

Winds will be 30 to 40 mph with gusts up to 60 mph.

White-out conditions are expected and visibility will be reduced at times to less than a quarter of a mile.

Temperatures will be in the 30s.

UPDATE 5:22 p.m.: The storm total has been revised to 6-10 inches of snow.

Statement from Bruce Fauth, outgoing treasurer of the Corfu Fire Department:

It is very unfortunate that there are certain people in town that because of their own actions find it necessary to try to tear down all the good that your fire dept. has done for the people they protect. The latest is the unfair reporting on the recent audit of the fire dept. 

The first statement of the results of the audit reads; “We found that the Trustees provide adequate oversight of the Department’s financial activities and the Treasurer maintained suitable records to account for the financial activity."

The auditor stated verbally to us that we are doing a very good job with our funds. Further, the state will always find ways to better the controls of the finances. The claims not included on the lists approved by the trustees were items brought up at meetings and were indeed voted on and approved by the membership. Some bills were paid that didn’t have supporting statements attached but I want you to know that they were all legitimate fire dept. approved expenditures backed by our recorded minutes.

I feel we had a very good audit report, but it’s too bad that certain people have an axe to grind, again because of their own actions. They find it necessary to try and destroy a vital asset of the community and I urge citizens to not put up with this.   

Previously: State audit nicks Corfu Fire Department for undocumented expenditures

Last week, several NFL backs eligible for picking in the contest had two receptions, but none had three.

In a random drawing of the entrants who picked one of the back that had at least two receptions, James Demmer came out the winner.

Demmer wins a large cheese pizza with one topping. He has one week to claim his prize at Main St. Pizza Company.

To enter this week's contest, click here.

A vehicle has gone down an embankment on the westbound side of the Thruway in the area of mile marker 391 or 391.

Dispatchers have received several calls and they believe the car was eastbound and crossed over the median and across the westbound lanes.

Unknown injuries.

Town of Batavia Fire Department and Mercy EMS dispatched.

UPDATE 10:23 p.m.: The vehicle came to rest in the front yard of a residence on Cheryl Lane. Two people are out of the car and apparently uninjured. 

UPDATE 10:29 p.m.: All Town of Batavia units back in service.

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Now it's the Corfu Fire Department's turn for a little financial scrutiny.

In August, the NYS Comptroller's Office released a report on the Corfu Fire District that eventually led to the one-year suspension of two department members over alleged irregularities involving district credit cards.

This week the comptroller's office released audit finding on the fire department (the district and department are intertwined, but separate agencies) and while declaring there were no "material discrepancies," the audit states there are at least $7,000 in insufficiently documented expenses over a 20 month period.

Auditors said the checked 115 paid claims totaling $30,398 from January 2010 through August 2011 and 26 payments totaling $4,779 were not supported by any documentation. Additionally, 14 claims totaling $3,096 were not included on the list of approved bills prepared by the trustees.

"As a result, Trustees were unable to verify that these payments were for legitimate Department purposes and that the correct amounts were approved for payment," auditors said.

The audit also found that the department's treasurer did not reconcile the bank account in 2010, and though the account was reconciled monthly in 2011, the trustees did not review and approve the reconciliations.

The department meets Jan. 9 and will likely discuss the audit.

The department was first incorporated in 1882 as “Rescue Hook & Ladder Co. #1.” It currently has 35 members and an annual budget of $20,600.

Department revenue is generated through various fundraisers and donations. 

The fire district, which helps fund firefighting in Corfu, is taxpayer supported.

Previously:

• Comptroller's office finds alleged improprieties in Corfu Fire District finances
• Corfu Fire District appoints ethics panel to investigate credit card use
• Corfu Fire District trustees vote to discipline three members for alleged misuse of credit cards
• Corfu Fire District commissioner objects to media reports that he was 'disciplined'

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $10 gift certificate for $5.

Alabama Hotel, 1353 Lewiston Road, Basom, NY: A historic and legendary tavern and restaurant. The Alabama Hotel is famous for its fish fries, but also serves a variety of top-quality entrees, featuring Certified Angus Beef. Now with expanded hours. We have a $25 gift certificate for $12.50.

Greg'ry's Bakery, 13 North Lake Road, Bergen, NY: The bakery offers a variety of the finest cakes, cookies, pies, cupcakes, breads, breakfast and lunch sandwiches and so much more. Each treat is made the same as it has been for decades and baked right here. Come in and sample some for yourself! We have a $20 gift certificate for $10.

Kravings, Valu Plaza, 4152 W. Main St., Batavia, NY: Kravings offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have a $10 gift certificate for $5.

Rancho Viejo, 12 Ellicott St., Batavia, NY: Traditional Mexican cuisine, from tacos and burritos to pollo norteno, Rancho Viejo brings a bit of "south of the border" to Batavia's restaurant scene. We have a $20 gift card for $10.

Salsa & Curry, 13 Jackson St., Batavia, NY: An authentic Mexican restaurant, offering all of your favorite dishes from enchiladas and burritos to tacos and fajitas, as well as daily Indian food specials. We have a $20 gift card for $10.

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

Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. Come try one of our many delicious burgers that we have to offer, as well as our HUGE Bomber Sandwich, homemade chicken fingers made to order, and the all-time favorite Dumpster Plate with many choices. We deliver. We have a $20 gift certificate for $10.

Bohn's Restaurant, 5256 Clinton St., Batavia, NY: Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have a $25 gift certificate for $12.50.

Bourbon & Burger Co., 9 Jackson St., Batavia, NY: Batavia's newest burger joint offers more than two dozen different types of tasty hamburgers. Our menu also includes a variety of sandwiches, appetizers and an extensive beer list, plus a full bar. We have a $20 gift certificate for $10.

Batavia Downs Grandstand Bar and Grille, 8315 Park Road, Batavia, NY: A full menu, salad bar and drinks in one of the region's most popular entertainment venues. We have a $25 gift certificate for $12.50. (Must be new or current Players Club member to redeem.)

SOLD OUT

UPDATED 10:08 a.m.; UPDATED 10:19 a.m.

Two men from Rochester were arrested Thursday morning in Batavia after a possible burglary was reported on Maple Street.

A Maple Street resident called Emergency Dispatch at 4:30 a.m. to report observing two men removing items from a neighbor's residence and loading items into a vehicle.

Batavia BP and Sheriff's deputies responded and the vehicle was located on Oak Street.

The vehicle allegedly contained items taken from the Maple Street residence.

Taken into custody were Eric P. Doleman, 41, no permanent address, and Frederick H. Robidoux Jr., 49, no permanent address.

The suspects appear to have targeted the apartment at 10 Maple St., Batavia, because they knew the resident, Edward R. Freida, is being held in Genesee County jail without bail on drug and weapon charges.

Both men where charged with burglary, 2nd.

Doleman was also arrested Dec. 23 following a report of a car being broken into an items being stolen in the Kmart parking lot. Deputies and city PD responded to the call and reportedly stopped Doleman's car on Park Road. He was issued an appearance ticket for misdemeanor counts of criminal mischief and petit larceny.

There was another smash-and-grab on a car in the Tops parking lot that day, and there have been similar crimes committed in the parking lots of area hotels. There is some suspicion that Doleman may have been involved in those cases, too, according to Chief Deputy Jerome Brewster, though no charges have been filed.

While police list Doleman as having no permenant address, he does appear to have ties to Batavia and was a resident, according to a source, of Thorpe Street a year ago before being evicted "because of excessive police calls," the source said.

Doleman may also yet be charged with criminal possession of a weapon, Brewster said.

Doleman and Robidoux were jailed without bail.

Photos: Doleman, top; Robidoux, bottom.

Elected officials countywide -- some returning to office, some entering office for the first time -- gathered in Genesee County Courthouse on Thursday night for a swearing-in ceremony hosted by the County Clerk's Office.

The ceremony met the state's oath of office requirements and the oaths were administered by county court Judge Robert C. Noonan and State Assemblyman Steve Hawley.

Hawley performed an honorary swearing in of his son Brooks Hawley (bottom picture), who has been selected by the city GOP committee to fill one of the two vacancies left by the election of Marianne Clattenburg and Frank Ferrando to the County Legislature (Ferrando is pictured above and in first picture below). Brooks Hawley can't be sworn in officially until the Batavia City Council approves his appointment.

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

We'll post a link later today to purchase prints of these pictures.

Valjean Charles Burns, 65, of North Pearl Street, Oakfield, is charged with forcible touching. Burns is accused of forcibly touching the intimate parts of a female Dec. 8.  An order of protection was issued.

Jesse Sumner Repass, 25, of Pine Street, Oakfield, is charged with petit larceny and trespass. Repass is accused of stealing aluminum from Allen Foods, Inc., on Stevens Street, Oakfield.

Rosemary R. Waters, 25, of 139 Bank St., Batavia, is charged with petit larceny. Waters is accused of shoplifting from Dollar General on East Main, Batavia.

Charlene Olivia Leubner, 34, of Bradnell Avenue, Le Roy, is charged with criminal contempt, 2nd. Leubner was allegedly found sitting in a car talking with a person protected by court order from contact by Leubner.

You know there are local businesses that you just love -- tell us about them on Shop Batavia and you could win a $100 gift certificate from one of your favorite businesses.

Here's how it works: Register as a user on Shop Batavia then find the listing for your favorite business(es) and leave a five-star review.

On Jan. 7, we'll randomly select one of the reviews left on The Batavian and if you're the person who left the review, we'll buy you a $100 gift certificate to that business. (If that business doesn't offer gift certificates, we'll buy a gift certificate to another favorite business you reviewed).

So, head over to Shop Batavia, now and start leaving reviews.

When Deputy Brian Skelton shows up for work Friday, it won't be to sit in a courtroom and listen to lawyers haggle over the fine point of some law, or tell one more man to empty his pockets before walking through the security scanner or help some inmate into the courtroom.

Rather, Friday is the day Skelton turns in his gun and badge, signs a few papers and closes out a 32-year career in the Sheriff's Office.

"It was just time to go," Skelton said.

He has no particular plans for retirement, except to spend more time with his family and play a little more golf. He might look for another job, but first, he's just going to take some time off.

Skelton is the first sworn officer in the department to retire since Sgt. Gary Russell in 2007.

Sheriff Gary Maha said there are currently several members of the department eligible to retire, but nobody has made an official announcement.

Maha's staff is currently interviewing candidates for Skelton's position in the courthouse and once he's replaced, that could lead to an opening for the Sheriff's Office to hire a new deputy.

The security staff at the courthouse is paid for the NYS Office of Court Administration.

Skelton has been assigned to court security since 1997, which is when the new courthouse opened.

He began his law enforcement career in 1980 working security for Genesee Community College. He was hired by the Sheriff's Office as a corrections officer at the jail in 1983.

After 18 months of employment at the jail, he was admitted into road patrol school and worked the roads of Genesee County from 1985 to 1997.

One night during those 12 years on the road -- this was about 20 years ago -- Skelton and his partner came across one of the two big murder cases Skelton was involved with during his career.

Skelton and his partner that night, Deputy Eric Koziarski, who was still in training, were cruising in Darien when they came across an 18-wheeler pulled over to the side of the road and the driver trying to put up cones.

When Skelton and Koziarski approached the driver, it was immediately apparent that the man -- whose name Skelton doesn't remember -- was intoxicated.

Koziarski noticed a shell casing on the roadway.

Skelton noticed some blood under the door of the sleeper cabin and the door was slightly ajar. When the deputies opened the door, there was a man laying inside with a gunshot wound to his head.

The victim was still alive, but died the next day.

The murderer was apparently getting ready to dump the body in a ditch near the road.

"The Sheriff at the time told me that if we hadn't come along when we did, it probably would have gone down as another unsolved murder," Skelton said. "The two men were both from out of the area, they didn't know each other before meeting at a truck stop that night, and the trucker would have been long gone before we found the body."

The other murder case where Skelton showed up at the right place at the right time involved a group of traveling magazine sales reps. 

Skelton was dispatched to what is now the Clarion Hotel where a woman wanted to file a complaint about a possible assault.

While Skelton was talking with the woman, the two suspects showed up and she said, "there they are."

The two young men took off running. Skelton was able to tackle one and the other was eventually captured on the grounds of the VA Hospital.

It would be another half day before the bodies of the victims were found, dumped in a quarry off Seven Springs Road.

It turned out that the group had cooked up a plan to rob the gas station at the corner of Cedar and Ellicott streets. When two of the members of the group decided to back out, the other two young men decided to bash their heads in with rocks for fear the other two guys might snitch.

Both killers were eventually given sentences of life without parole.

Being in the right place at the right time figured prominently in other cases Skelton helped crack, such as the time in Alexander he came across a truck pulled over on Sandpit Road with a stolen riding mower in the bed, or the stolen vehicle he stopped for a traffic violation, only to notice broken glass and the ignition was punched out (the car, stolen out of Buffalo, hadn't even been reported missing yet). The driver, it turned out, was wanted on an arson warrant.

But even with the excitement of road patrol, when there was an opportunity to move to court security, it seemed like a good deal, Skelton said. Court security means all day shifts with weekends and holidays off.

Not that it's all a bed of roses in the courthouse.

Not everybody appreciates or understands the need for secuirty and they will complain about emptying their pockets, going through the scanner, getting bags and briefcases scanned, and are just some times unhappy with being summoned to court at all.

"It can be trying and get on your nerves at times," Skelton said.

While defendants and people in the gallery can get unruly in court at times, Skelton said he doesn't remember ever needing to wrestle anybody to the ground or make an arrest.

But working in the court house, seeing some cases from beginning to end, has been an eye-opener about how the legal process works, something he thinks all police officers would benefit from seeing.

"It's a lot different from being on the road," Skelton said. "Lawyers have 45 days just to file motions on their clients' behalf, so they have a lot of time to look into a case, where a lot of times, a police officer doesn't have a lot of time before making an arrest.

"(Officers should) come in and listen to a case from start to finish for a jury trial," Skelton said. "It opened my eyes quite a bit. I remember stuff I used to do on the road and in investigating cases and not worrying, say, about little things, and later those little things become big things in the case."

A woman has hit a dog near the five corners on Bank Street Road, Batavia.

The dog is injured. The woman's car is damaged.

A Sheriff's deputy is responding.

The woman doesn't know who owns the dog.

A tractor-trailer has reportedly lost a box of nails on West Main Street near River Street, Batavia, and the contents are "spread out over quite a distance."

The nails are in an eastbound lane.

A Probation Department car has been involved in an accident on West Main Street near Bogue Avenue.

It's a minor, two-car accident with no injuries and it's not blocking traffic.

Batavia PD responding to take a report.

A two-car accident is reported at West Main and Lyon streets. One passenger is complaining of back pain. A State Trooper is on scene. City fire and Mercy EMS are responding.

UPDATE 12:39 p.m.: A second ambulance is dispatched to aid another person complaining of back pain.

UPDATE 1 p.m.: A man is being taken to UMMC after complaining of back pain. The other medic is back in service.

Jacquetta B. Simmons is the first person in Genesee County to be prosecuted under a law passed by the State Legislature in 2008 making it a Class D felony to assault and cause injury to a person 65 or older.

The legislation, called "The Granny Law" and sponsored by Speaker Sheldon Silver, was passed in response to a series of violent attacks on elderly people in New York City, including the violent mugging of a 101-year-old woman, Rose Morat, of Brooklyn.

Gov. David Paterson signed the legislation into law as part of a package of laws protecting seniors from "elder abuse," both physical crimes and scams.

As a felony, defendants charged under the subdivision of assault in the second degree face a possible state prison term of anywhere from 2 to 7 years, but, unlike higher-level violent felonies, a state prison term is not mandatory for a Class D violent felony.

That will leave room for a plea deal for Simmons, but the case is still very early in the process and District Attorney Lawrence Friedman said his office hasn't had the opportunity to review the evidence yet.

The case will eventually move from Town of Batavia Court to Genesee County Court. But before that happens, there needs to be either a waiver of a grand jury presentation or the case must be presented to the grand jury.

"We haven't received the case yet," Friedman said. "The next step is we get the file and review the evidence."

Based on a review of the evidence and the circumstances of the case, Friedman's office will determine how to proceed with the case.

Simmons is scheduled to reappear in town court Jan. 23.

The 2008 law will make the case somewhat easier to prosecute, Friedman said.

In a situation such as this, in order to sustain a charge of assault in the second degree, prosecutors were previously required to prove "serious physical injury." But the 65-or-older charge requires only that the prosecution prove that the suspect intentionally caused "physical injury" to a victim who is at least 65 years old and that the suspect is more than 10 years younger than the victim.

"We're grateful that this newer charge is there for a situation like this," Friedman said. "It gives us an advantage. We don't have to establish serious physical injury just physical injury. That lessens our burden."

Firefighters from Alexander, Bethany and Darien are requested to stand by in their halls in case they are needed to provide mutual aid to the Attica Fire Department.

UPDATE 12:13 p.m.: Per Attica, all three fire departments are put back in service.

An accident is reported in Oakfield. A car struck the Wilson Farms Market building. There are believed to be no injuries. The store is located at 25 S. Main St. Sheriff's deputies are on location.