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Alabama

Vehicle hits tree on Route 77, Alabama

By Howard B. Owens

A pickup truck has reportedly hit a tree in the area of 6472 Alleghany Road, Alabama, between Casey and Lewiston Road.

Unknown injuries.

Alabama Fire, Mercy EMS, and Shelby's rescue dispatched.

UPDATE 11:24 p.m.: Minor facial injury due to airbag deployment.

Law and Order: Elba man charged with rape of young teen

By Howard B. Owens

Jason F. Cole, 44, of Quaker Hill Road, Elba, is charged with rape (intercourse by forcible compulsion), second-degree rape, second-degree criminal sexual act, and second-degree strangulation. Cole is accused of engaging in sexual intercourse and oral intercourse with a person less than 15 years old on numerous occasions. He was jailed on $50,000 bail. The investigation was conducted by Investigator Joseph Loftus and Deputy Howard Carlson.

Joseph Michael Tornabene, 26, of Dellinger Avenue, Batavia, is charged with criminal contempt, 2nd, and criminal mischief, 4th. Tornabene is accused of violation of a no-offensive conduct order of protection. He was allegedly involved in an incident where he damaged property in the presence of the protected person. He was jailed on $2,500 bail.

The arrest of White and Wozniak by Batavia PD officers Klimjack and Catherine Mucha on Friday. (Photo by Howard Owens.)

Keith R. White, 46, of Oliver Street, North Tonawanda, and Jeffery P. Wozniak, 49, of 79th Street, Niagara Falls, are charged with petit larceny, conspiracy, 6th, and criminal possession of stolen property, 5th. White and Wozniak are accused of stealing $985.27 in merchandise from Tops Friendly Market at 11:54 a.m. Friday, including steaks, lobster, shrimp, a roast, and several household items. They are also accused of stealing merchandise from Walmart in Batavia. Both suspects were issued appearance tickets. The case was investigated by Officer Catherine Mucha and Officer Frank Klimjack. White is also charged with third-degree burglary and fourth-degree grand larceny. White was arrested by Deputy Travis DeMuth in connection with the alleged Walmart theft. On that charged, he was arraigned and ordered held without bail. (see previous)

Juaquin Enriquo Davis, 23, of Milton Street, Rochester, is charged with violating an order of protection, obstruction of governmental administration, and resisting arrest. Davis was arrested following an investigation into a dispute reported at 12:25 a.m. Thursday on Thomas Avenue, Batavia, by Officer Peter Flanagan. He was jailed on $5,000 bail or $10,000 bond.

Treyvaun T. Filbert, 23, of Walnut Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and following too closely. Filbert was stopped at 1:05 p.m. June 29 on West Main Street, Batavia, by Officer Matthew Wojtaszczyk.

Nicole L. Matia, 43, of Liberty Street, Batavia, is charged with trespass. Matia allegedly entered a neighbor's home and refused to leave when asked.

Bleyke Z. Culver, 21, of Batavia, is charged with criminal contempt, 2nd. Culver allegedly violated a stay away order of protection during a disturbance on Maple Street at 9:34 p.m. on July 5.

Ronnie Joe Flinchum, 59, of East Main Street, Batavia, is charged with assault, 3rd. Flinchum was allegedly involved in an incident at his residence on East Main Street at 3:45 a.m. on July 1. He was ordered held on $1,000 bail.

Pavel V. Yefremenko, 30, of Walnut Street, Batavia, is charged with criminal mischief, 4th. Yefremenko allegedly damaged property belonging to a woman he knew at 7:47 a.m. on July 4.

Erica M. Raphael, 33, of Pratt Road, Batavia, is charged trespass. Raphael allegedly entered a local business on East Main Street, Batavia, after being previously banned.

Sath Paul Dhanda, 38, of Clapsaddle Road, Bethany, is charged with criminal trespass and endangering the welfare of a child. Dhanda allegedly entered the residence of a person he did not know on Swan Street at 6:08 p.m. on July 2. He was jailed on $5,000 bail. Dhanda is also charged with second-degree harassment for allegedly spitting on another person at 7:24 p.m., July 2.

Iszon C. Richardson, 18, of Lewis Place, Batavia, is charged with harassment, 2nd. Richardson was arrested on a warrant by members of the Local Drug Task Force and jailed without bail. 

Michael Alan Shetler, 28, of Judge Road, Oakfield, is charged with criminal contempt, 2nd. Shetler allegedly violated a stay away order of protection at 10:41 p.m. Sunday in Oakfield. He was jailed on $2,500 bail.

Kelly Patrick DiMatteo, 34, of Byron Holley Road, Byron, is charged with felony DWI, refusal to take a breath test, failure to keep right, and moving from lane unsafely. DiMatteo was reportedly involved in a single-vehicle accident on Lyman Road, Byron, at 8:14 p.m. on July 4. He was jailed on $10,000 bail or $20,000 bond. The accident was investigated by Deputy Andrew Mullen.

Ronald G. Metz, 69, of Lewis Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to signal, and failure to keep right. Metz was arrested following a complaint of an erratic driver at 4:51 p.m., June 29, by Investigator Christopher Parker.

Becky L. Frens, 56, of Batavia, is charged with torture to an animal (not feeding). Frens was arrested by State Police in relation to an incident reported at 3 p.m., Tuesday, in the Town of Batavia. Frens was issued an appearance ticket. No further details released.

Frank R. Cratsenberg, 57, of Akron, is charged with trespass and petit larceny. Cratsenberg was arrested in connection with an incident reported at 3:26 p.m., June 11, in the Town of Alabama. He was arraigned and ordered held in jail. He was arrested by State Police. No further details released.

Ryan Bartholomew, 24, of Batavia, is charged with unlawful possession of marijuana. Bartholomew was stopped by State Police at 10:25 p.m. Sunday by State Police at the Batavia Thruway interchange.

CTE awards 25 scholarships, recognizes 309 seniors' achievements at awards program

By Billie Owens

Photo: Hannah Pierson (right), Culinary Arts student from Le Roy CS, accepts the Rochester American Culinary Federation Scholarship and Chef Russell Bugbee Memorial Award from Chef Tracy Burgio, Culinary Arts instructor at the Batavia CTE Center. 

Submitted photo and press release:

Batavia, New York, June 25 – The Batavia Career and Technical Education (CTE) Center recently celebrated the achievements of 309 seniors at an awards program earlier this month at Le Roy High School. During this ceremony, 25 scholarship awards were presented.

The scholarship winners, their programs and home schools are noted below.

Student of the Year (a.m.): Casey Shaw, Pembroke CSD, Health Dimensions

Student of the Year (p.m.): Zachary Boneberg, Le Roy CSD, Criminal Justice

Blakeslee Award: Christian Bradt, Oakfield-Alabama CSD, Building Trades

Donald Abramo Jr. Memorial Award: Vanessa Horseman, Batavia CSD, Metal Trades; Garrett Sando, Byron-Bergen CSD, Metal Trades

Gene Haas Foundation Scholarship: Matthew Kurowski, Attica CSD, Metal Trades

Master Manufacturing Scholarship: Matthew Kurowski, Attica CSD, Metal Trades

James P. Donnelly Memorial Award: Bradly Arnold, Oakfield-Alabama CSD, Building Trades; Cameron Brumsted, Byron-Bergen CSD, Building Trades

Paul Levin’s Memorial Award: Ethan Conrad, Notre Dame -- Batavia, Building Trades

Batavia Rod & Gun Club Memorial Scholarship: Brandon Lewis, Byron-Bergen CSD, Building Trades

Roy H. Turnbull Memorial Scholarship Award: Kyler Chambry, Byron-Bergen CSD, Building Trades

Ignatius J. Radesi Memorial Award: Benjamin Lathan, Byron-Bergen CSD, Building Trades

Pullinzi Family Scholarship: Christopher Decker, Attica CSD, Building Trades

Building Trades Alumni Award: Joseph Aguglia, Attica CSD, Building Trades

Homeowner Award: Chandler Bow, Byron-Bergen CSD, Building Trades

Jason H. Rowcliffe Memorial Scholarship: Timothy Herter, Attica CSD, Culinary Arts

Chef Russell Bugbee Memorial Award: Hannah Pierson, Le Roy CSD, Culinary Arts

Rochester American Culinary Federation Scholarship: Hannah Pierson, Le Roy CSD, Culinary Arts

Josh Mouery Memorial Award: Danny Pernesky, Le Roy CSD, Culinary Arts

B.J. Mancuso Memorial Award: Taylor Almeter, Attica CSD, Cosmetology

Batavia Rotary Club Memorial Fund Scholarship: Rachel Tebor, Pembroke CSD, Cosmetology

Dr. Charles Holowach Memorial Scholarship: Kim Davis, Pavilion CSD, Health Careers Academy; Paige Perry, Attica CSD, Health Careers Academy; Ethan Hutchins, Notre Dame Batavia, Health Careers Academy.

###

The Batavia Career and Technical Education Center is a program of the Genesee Valley Educational Partnership. The Partnership operates as a Board of Cooperative Educational Services offering shared programs and services to 22 component school districts located in Genesee, Wyoming, Livingston and Steuben counties in New York State. 

Law and Order: Buffalo resident accused of damaging property at Darien Lake

By Howard B. Owens

Adam Michael Brennan Sabadasz, 33, of an undisclosed street, Buffalo, is charged with criminal mischief. Sabadasz allegedly damaged property at Darien Lake Theme Park at 11:20 p.m. Sunday.

Stanley D. Wilson, 58, of Lockport, is charged with DWI and crossing hazard road markings. Wilson was arrested by State Police after his vehicle was found crashed in a ditch on Lewiston Road, Alabama, at 4:41 a.m. Sunday. Wilson reportedly failed a field sobriety test.

Samantha J. Wade, 19, address not disclosed, is charged with leaving the scene of a property damage accident, unsafe tire, and unsafe lane change. Other charges are pending. Wade was reportedly involved in a property damage accident on Route 20, Alexander, where two street signs and a utility pole were struck by a four-door sedan Sunday.

Richard Dean Mckague, 28, of Main Street, Batavia, is charged with criminal contempt, 1st, aggravated family offense, attempted assault, 2nd, and acting in a manner injurious to a child. At 3:19 p.m., Saturday, Mckague allegedly violated an order of protection. He allegedly threw a beer bottle causing physical injury to a victim. He was jailed on $25,000 bail.

Law and Order: Mom allegedly leaves tot in custody of man court ordered to stay away from the child

By Billie Owens

Cynthia L. Gardner, 33, of 1/2 Swan St., Batavia, was arrested after she allegedly left her 3-year-old daughter in the care and custody of a defendant at 14 1/2 Swan St., Batavia, at 8 a.m. on June 18. The defendant is named in a court order with a directive to specifically stay away from Lardner's 3-year-old daughter. Lardner was issued an appearance ticket and released, and is due in City Court at 1:30 p.m. on Tuesday, June 26. Batavia Police Officer Marc Lawrence handled the case.

Adam D. Smart, 35, of Buell Street, Batavia, is charged with first-degree aggravated criminal contempt, with a previous conviction. He was located at 8 a.m. on June 18 on Swan Street at the address of a protected party, whom he has an active court order to stay away from. He was jailed without bail and is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Christopher Camp.

Gerald A. Mattison, 25, of Cary Avenue, Oakfield, is charged with: DWI -- common law; speeding; aggravated unlicensed operation; unlicensed operation; and open alcohol container in a motor vehicle. He was arrested at 1:16 a.m. June 16 on North Street in Batavia following a traffic stop. He was allegedly speeding on Richmond Avenue and found to be intoxicated at the time of the stop. He was arraigned and jailed and was due in City Court on June 18. The case was handled by Batavia Police Officer Mitchell Cowen.

Jeremy C. Goodell, 44, of Washington Avenue, Batavia, is chraged with fourth-degree criminal mischief. He was arrested following an investigation into an allegation that he damaged the side of a vehicle that was driving past him in the Batavia Commons parking lot (444 W. Main St., Batavia) by striking it at 4:56 p.m. on June 3. Goodell was transported to GC Jail and processed and released with an appearance ticket for June 19 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Christopher Lindsay.

Carlton L. Beardsley, 23, of Pearl Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested after a domestic incident shortly after midnight on June 21, wherein he allegedly damaged a vehicle. Beardsley initially fled the scene prior to Batavia PD's arrival but was located at the residence a couple hours later and was arrested. He is jailed on $10,000 cash bail or $20,000 bond and was due in City Court this morning (June 21). The incident was handles by Batavia Police Officer Felicia DeGroot, assisted by Officer Arick Perkins.

Donald Wills Stahl Jr., 37, of Knowlesville Road, Alabama, is charged with petit larceny and sixth-degree conspiracy. At 3:50 p.m. on June 1, Genesee County Sheriff's deputies responded to a larceny complaint at Walmart in Batavia. Following an investigation, the defendant was arrested on June 17. He allegedly stole a pair of headphones and assisted a female suspect with stealing additional property at the store. He was issued an appearance ticket for Town of Batavia Court on July 9, then he was turned over to the Wyoming County Sheriff's Office for a pending larceny case in Warsaw. GC Sheriff's Deputy Erik Andre handed the case.

Leon W. Johnson, 34, of South Main Street, Albion, is charged with second-degree criminal trespass -- dwelling. He was arrested June 19. The domestic incident related to his arrest allegedly occurred at 6 a.m. on March 4 on Edward Street in Batavia. He is due in City Court at a later date. Batavia Police Officer Marc Lawrence handled the case.

Janet L. Grossman, 51, of Ellsworth Avenue, Batavia, is charged with petit larceny following a shoplifting investigation a local business. The incident occurred at 9:13 a.m. June 15 at Tops Market, 390 Main St., Batavia. She was processed at the Genesee County Jail, then released. She was issued a computer-generated appearance ticket and is due in court on June 26. The case was handled by Batavia Police Officer Kevin DeFelice.

Nancy L. Lawrence, 66, of Washington Avenue, Batavia, was arrested at 9:44 a.m. on June 14 and charged with trespass. Following an investigation, she was found on property she was previously banned from. She was released and due in City Court on June 19. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Kevin DeFelice.

Alexis R. Chavez, 19, of Transit Road, Elba, is charged with failure to appear. Chavez was arrested June 20 on a warrant out of Batavia City Court. He faile to appear in court after being issued an appearance ticker for driving while impaired by drugs. He was jailed in lieu of $2,500 cash or bond and was due back in court today (June 21). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer James DeFreze.

Ian J. Blake, 31, of Liberty Street, Batavia, is charged with unlawful possession of marijuana. He was arrested at 4:15 p.m. on June 19 on Liberty Street after allegedly being found in possession of marijuana at a residence. He was issued an appearance ticket and is due in City Court on June 26. The case was handled by Batavia Police Officer Stephen Cronmiller.

Timothy J. Corke II, 31, of Liberty Street, Batavia, is charged with unlawful possession of marijuana. He was arrested at 4:15 p.m. on June 19 on Liberty Street after allegedly being found in possession of marijuana at a residence. He was issued an appearance ticket and is due in City Court on June 26. The case was handled by Batavia Police Officer Stephen Cronmiller.

Oscar Lee Brewer, 18, of St. Paul Street, Rochester, was arrested on a bench warrant June 18 for failure to appear in court as directed on April 19. He pled guilty to fourth-degree criminal mischief and was released on his own recognizance. He is due in court on Sept. 20. Batavia Police Officer Jason Ivison handled the case.

Brooke L. Brumber was arrested at 5:49 p.m. on June 14 on West Main Street, Batavia, on a bench warrant issued for failure to appear in court as ordered. The defendant was released and ordered to return to court on June 19. The case was handled by Batavia Police Officer Jamie Givens.

State Police release name of victim of fatal accident on Skye Road

By Howard B. Owens

A 37-year-old Basom man was killed in an accident on Skye Road on the Tonawanda Indian Reservation on Saturday afternoon.

According to State Police, Morey Ground Jr., of Basom, was eastbound on Skye Road when his vehicle left the roadway on a curve. It appears he overcorrected causing the vehicle to cross both lanes of the roadway and exiting on the south shoulder. The vehicle struck a tree.

Ground, who was not wearing a seatbelt, was pronounced dead at the scene. 

The investigation into the accident is continuing.

(Previously: Rollover accident on Skye Road, Basom, Mercy Flight is called)

Free meals for kids this summer in Oakfield, Alabama, Byron and Bergen

By Billie Owens

Press release:

The Oakfield-Alabama and Byron-Bergen Central School districts announce their participation in the federal (USDA) Summer Food Service Program (SFSP) offering delicious, convenient, economical and healthy meals July 9 through Aug. 10. Meals will be provided to all children without charge.

No paperwork necessary; although O-A participants are asked to register online for the Oakfield town park program.

Oakfield-Alabama

There will be a free lunch-only program just for children at the Elroy Perkins Memorial Town Park on Drake Street in Oakfield (also known as the Oakfield Town Park). Food will be served from 12 to 12:45 p.m. Monday through Friday. Register online for the Oakfield park program, then just show up for a great lunch. 

For questions, call the school district cafeteria at 948-5211, ext. 4234; or the Town of Oakfield at 948-5835.

Byron-Bergen

Both breakfast and lunch will be served weekdays in the cafeterias at Byron-Bergen Jr./Sr. High School (6917 W. Bergen Road, Bergen). Breakfast is served from 8:15 to 9:15 a.m.; lunch is served from 11 a.m. to 12:15 p.m. at both locations. Adults can eat, too, and will pay $2.50 for breakfast and $4 for lunch.

Also, at the Byron Community Park, lunch only will be available just for children from 11 a.m. to 12:15 p.m. The park is located behind the Byron Fire Hall. Kids eat free.

For questions, call 494-1220, ext. 1015.

About the USDA

In accordance with Federal civil rights law and U.S.Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339.

Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form.

To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Ave., SW Washington, D.C., 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

Grand Jury: Man indicted for allegedly burglarizing home on Holland Avenue in January

By Billie Owens

Winston A. Lockhart Sr. is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 16 on Holland Avenue in the City of Batavia, Lockhart knowingly entered or remained unlawfully in a dwelling with the intent to commit a crime.

Ricardo Sampel Sr. is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on April 24 in the Town of Alabama that Sampel, in violation of a duly served order of protection, was in the presence of the protected party. In Special Information filed by the District Attorney, Sampel is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor. The Special Information states the defendant was convicted on April 5 in Town of Alabama Court for violating a stay away family offense order of protection and that was within five years of the crime alleged in the current indictment.

Matthew D. Grant is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Jan. 10 in the Town of Batavia, the defendant drove a 2017 GMC bearing an Ontario, Canada, license plate on the Thruway while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for having a BAC of .08 or more at the time. In count three, Grant is accused of aggravated unlicensed operation in the first degree, another Class E felony. In count three, it is alleged that Grant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities and he was operating the vehicle under the influence of alcohol or a drug. In count four, he is accused of consuming alcoholic beverages in a motor vehicle, a vehicle and traffic violation, and he allegedly did so while on a public highway. In count five, he is accused of moving from lane unsafely, a vehicle and traffic violation. In count six, Grant is accused of leaving the scene of an incident without reporting, another vehicle and traffic violation. It is alleged in count six that he drove the GMC and had cause to know that he damaged property -- a 2015 Ram truck belonging to another person -- and he allegedly failed to stop, and when no police officer was in the vicinity of the accident, he failed to report the incident as soon as physically able to do so at the nearest police station. In Special Information filed by the District Attorney, Grant is accused of having been convicted of DWI, as a misdemeanor, on Jan. 10 in Town of Henrietta Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Accident with injuries reported in front of Jan's Smoke Shop in Alabama

By Billie Owens

A motor-vehicle accident with injuries is reported in front of Jan's Smoke Shop at 383 Bloomingdale Road, Alabama. One person is injured, according to a firefighter at the scene. Alabama Fire Department and Mercy medics are responding.

UPDATE 8:47 a.m.: A first responder at the scene says two vehicles are involved and they are blocking traffic.

UPDATE 8:48 a.m.: Alabama command says the ambulance can continue in non-emergency mode for evaluation of two patients, possibly sign-offs.

Law and Order: Brother charged in Oakfield woman's overdose death

By Howard B. Owens
      Daniel Wells

Daniel E. Wells, 29, of Royalton, is charged with criminally negligent homicide. Wells was charged following an investigation by the Niagara County Sheriff's Office Criminal Investigation Bureau and the Niagara County Drug Task Force. Wells is accused being with his sister, Christyna Wells, 34, of Oakfield, in the City of Niagara Falls Nov. 10 when she overdosed on an unspecified drug. Wells then drove his sister to the 9400 block of Ridge Road in Royalton before summoning medical assistance. Wells is currently being held in the Niagara County Jail without bail on unrelated charges.

Edward Ryan Loper, 30, of Pratt Road, Batavia, is charged with robbery, 2nd. Loper allegedly stole money from a victim while being aided by another person who caused physical injury to the victim. The incident was reported at 5:47 p.m. Sunday. Loper was jailed on $20,000 bail.

Brianna Renee Button, 22, of King Street, Albion, is charged with robbery, 2nd, and assault, 3rd. Button allegedly hurt a victim while working with another person to steal money from the victim. The incident was reported at 5:47 p.m. Sunday. Button was jailed on $10,000 bail.

William John Velky, 36, of Macomber Road, Oakfield, is charged with petit larceny. Velky is accused of stealing firewood from another person on Macomber Road, Oakfield.

Grand Jury: Man indicted for allegedly stealing 20-foot trailer in Alabama

By Billie Owens

Paul D. Rutherford is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on April 14 in the Town of Alabama, that Rutherford stole property exceeding a value of $1,000 -- a 2017 Eagle American 20-foot trailer.

Timothy O. Lee is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Nov. 28 in the Town of Le Roy that Lee knowingly and unlawfully possessed a narcotic drug, cocaine, with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that he knowingly and unlawfully possessed one or more preparation, compounds, mixtures or substances containing a narcotic drug and these had an aggregate weight of one-eighth of an ounce or more. In count three, the defendant is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count three that on Nov. 28 in the Town of Le Roy that he knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17. In count four, he is accused of the same crime as in count three, involving a second child less than 17 years of age.

Gary D. Burney is indicted for the crie of second-degree burglary, a Class C violent felony. It is alleged that in the late evening on April 20 or early morning on April 21 that he knowingly entered or remained unlawfully inside a dwelling on North Spruce Street in the City of Batavia with intent to commit a crime.

Edward J. White is accused of the crime of promoting prison contraband, a Class D felony. It is alleged that on Dec. 26 in the Genesee County Jail that he knowingly and unlawfully possessed dangerous contraband -- alcohol. In count two, he is accused of the same crime for allegedly possessing a Bic lighter on Dec. 29. In count three, he is accused of the same crime again on Dec. 29 for allegedly possessing alcohol, two Gabapentin pills, four Strattera pills and four bupropion hydrochloride pills.

Brian T. Resch is indicted for the crime of criminal sale of a controlled substance in the fourth degree, a Class C felony. It is alleged that on Jan. 10 in the Genesee County Jail that the defendant knowingly and unlawfully sold an unspecified narcotic preparation.

Rebecca S. Hensel is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 29 in the Town of Batavia that she drove a 2010 Chevrolet on West Main Street Road while in an intoxicated condition. In count two, she is accused of DWI, per se, also a Class E felony, for allegedly having a BAC of .08 or greater at the time. In count three, Hensel is accused of speeding at the time, a violation of vehicle and traffic law. In Special Information filed by the District Attorney's Office, she is accused of having been convicted of misdemeanor DWI on June 15, 2011, in Batavia City Court and that conviction was within 10 years of the crimes allegd in the current indictment.

WNY STAMP launches social media accounts

By Billie Owens

Press release:

The Western New York Science Technology Advanced Manufacturing Park (WNY STAMP) today announced the launch of its Facebook (facebook.com/wnystamp) and Twitter (twitter.com/wnystamp) accounts. The social media initiative is being supported by a grant through National Grid.

WNY STAMP is the development of New York State’s second shovel-ready mega site (1,250 acres) designed for nanotech-oriented manufacturing (semiconductor, flat panel display, solar/PV), advanced manufacturing, and large scale bio-manufacturing projects. The site is located in the New York Power Authority’s low cost hydropower zone and is serviced by redundant, highly reliable power.

Located just five miles north of the New York State Thruway (I-90) exit 48A, the site is easily accessible to the region’s 2.3 million residents.

WNY STAMP’s Facebook and Twitter pages will be used to promote the latest updates regarding the site, photos and video content of community leaders discussing the site and surrounding area, what resources the site has to offer to prospective businesses, and more.

“We’re excited to launch our social media and share the story of what will be a major job creator for residents of Western New York,” said Steve Hyde, president and CEO of the Genesee County Economic Development Center. “The sky is the limit for what WNY STAMP can offer to our region and these communication channels will allow us to further connect with prospective businesses and members of our community.

“National Grid has invested over $1 million in the WNY STAMP site to support the attraction of high-technology businesses to our area,” said Ken Kujawa, regional executive for National Grid. “The buzz surrounding the WNY STAMP continues to grow, and telling the story through social media channels furthers the awareness of the incredible potential this site gives to our area.”

The Genesee County Economic Development Center manages WNY STAMP.  For more information on WNY STAMP, head to WNYSTAMP.com

About the Genesee County Economic Development Corporation (GCEDC): The GCEDC is the primary economic development agency in Genesee County, NY.

The GCEDC’s mission is to assist local economic development efforts by serving in a conduit financing capacity enabling the issuance of taxable and non-taxable debt to benefit the growth, expansion, ongoing operations and continued viability of for profit business enterprise in Genesee County thereby helping to maintain a sustainable long-term economy.

The Batavia/Genesee County region has been recognized for 15 consecutive years by Site Selection magazine as a top 10 micropolitan in the United States and is rated number three by Business Facilities Magazine as a top metro area for food processing and manufacturing growth.

Child molester given Level 3 risk status at hearing Monday

By Billie Owens

A man convicted of two counts of first-degree child sex abuse and one count of second-degree child sex abuse is counting down the days until his release after three years of incarceration.

Storm U. Lang, now 21, was sexually involved with three different victims on multiple separate occasions in 2014 when he was 17 years old.

He subjected a 7-year-old to sexual contact in the Town of Alabama; a 12-year-old to sexual contact in the Town of Alabama; and a 5-year-old to sexual contact in the Town of Bethany.

The child molester was back in Genesee County Court on Monday for a Sex Offender Registration Act (SORA) hearing to determine his threat level, which must be made within 30 days prior to his release.

Where he plans to live when he gets out was not discussed yesterday. He will have to register as a sex offender for the rest of his life and will be under post-release supervision for a decade.

The state Board of Examiners of Sex Offenders evaluated this case and provided a risk-level recommendation to the court -- Level 3 -- which means there's a high risk of repeat offense and a threat to public safety exists.

There are also three designations that may be assigned to a Level 3 sex offender: sexual predator, sexually violent offender, or predicate sex offender.

After lengthy discussions in both the morning and afternoon sessions, Judge Charles Zambito determined Lang warranted a Level 3 designation and deemed he met the legal definition of a sexually violent offender.

In making a decision, a point-scoring mechanism known as Total Risk Factor Score is considered; there may also be a request by the defense for a "downward departure" of the overall "presumptive score," which seeks to reduce the designation level as recommended or assigned -- an "override."

The District Attorney's Office agreed with the Board of Examiners' recommendation, which considers such factors as to whether there was use of force, weapons, alcohol or drugs, victim's age, number of victims, assault upon or injury to a victim, and relationship to the victim.

Public defense attorney Lisa Kroemer took issue with the points accrued in scoring her client's risk level -- a "presumptive score of 125"; her aim was to reduce the point score and persuade the judge that Lang is a Level 2 sex offender.

In part, her argument hung on a typo brought to her attention by the people earlier that morning that cited a victim instead of the plural victims for one of the risk factors.

"I'm arguing that the concept of double counting applies; I don't think you can pick and choose," Kroemer said.

First Assistant District Attorney Melissa Cianfrini denied double counting, saying the score remains 125 even without the typo, because one victim -- a 12-year-old -- was asleep, and therefore defenseless, when the sexual conduct occurred.

Calling Kroemer's argument "baseless and unwarranted," Cianfrini further characterized her logic as "a distinction in search of a difference."

Zambito said no matter how you add it up, Lang earned a score of 125 by his counting, the Board of Examiner's counting, and that of the DA's Office.

The duration of Lang's admittedly ongoing behavior, though no physical violence was used, constitutes "a continuing course of sexual conduct," sexual contact -- over clothes in Lang's case, and the age of victims was factored, too. 

Moreover, the prisoner admitted to authorities in three different instances that he also had sexually abused a 4-year-old victim when he was a juvenile, which was not included in the accounting made in his risk assessment, according to the judge.

"He is a sexually violent offender, based on his conviction -- a risk Level 3," Zambito said.

The Board of Examiners report says Lang has pedophilia and an anxiety disorder.

In addition, a state clinician specializing in sex offenders reported: Lang's likelihood of sexual recidivism is (determined to be) moderate to high; he has multiple and enduring high-risk personality traits; emotional disorders; impaired judgment; and impulsivity, and an inability to control himself."

"He's a Level 3 all day long, whether by points, by upward departure or override," Zambito said.

The defense attorney cited case law (People v. Burgos) that states that psychological/organic abnormality and decreased ability to control sexual behavior must be demonstrated before an upward override -- from a Level 2 (sought by the defense) to a Level 3 (sought by the people) -- can be granted.

The judge asked, "Doesn't the evaluation say that?"

No, Kroemer argued, it assessed his sexual recidivism risk as moderate to high, but she said if her client received treatment, the recidivism risk "should go down."

Kroemer also questioned the credentials of the clinician who performed the mental health assessment.

Cianfrini assured the court that Forensic Mental Health Counseling of Western New York and its clinicians were skilled specialists in the area of evaluating sexual offenders.

Whether or not treatment might help Lang was not considered.

The clerk of the court read Lang the law pertaining to his SORA responsibilities. He has to provide a new photo every year, register wherever he lives within 10 days, and provide authorities with his email address(es), online screen names, etc.

Lang has 30 days to appeal Monday's court decision.

Dressed in a white shirt, tan pants, brown lace-up boots, a belt, Lang was shackled, hands and ankles; accompanied by two state guards wearing uniforms with light-blue shirts. He is about 5'11" and 200 pounds, pale skinned, with heavy brows and chin-length brown hair.

He said nothing until he blurted out before leaving court that he gets out in "40 days."

There are currently 46 Level 3 sex offenders living in Genesee County, and a total of 186 convicted sex offenders at all levels reside here.

Law and Order: Second suspect arrested in liquor store burglaries

By Howard B. Owens
        Edward Perdue

Edward F. Perdue, 57, of Rome, is charged with burglary, 3rd, conspiracy, 5th, and petit larceny in connection with his arrest as the suspected burglar of Plaza Spirits in November. He is also charged with identify theft, 3rd, and petit larceny because he is accused of using a using a stolen credit card. In a third set of charges, Perdue is charged with burglary, 3rd, grand larceny, 4th, conspiracy, 5th, and petit larceny for his suspected role in the burglary of Mr. Wine & Liquor in August. Perdue is currently confined to the Mohawk Correctional Facility and following arraignment was released back into the custody of DOCs. (Previously: Arrest made in thefts from two local liquor stores.)

Morgan L. Cox Jr., 26, of Central Avenue, was arrested on a warrant for alleged failure to appear on traffic tickets. He had been cited for alleged unlicensed operation involving alcohol and speeding and driving without a license. He was jailed on $1,000 bail.

Rae C. Cook, 29, of Central  Avenue, Batavia, was arrested on a warrant for alleged failure to appear in City Court. She was held on $250 bail.

Thomas E. Brenkus, 50, East Main Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Brenkus was stopped at 7:20 p.m. Saturday on Clinton Street by Officer Arick Perkins.

Tatiana C. Lugo, 23, no permanent address, is charged with criminal trespass, 2nd, and resisting arrest. Lugo allegedly refused to leave a residence on North Spruce Street, Batavia, at 10:40 p.m. Friday. She was jailed on $2,000 bail or $4,000 bond.

Paul C. Ferro, 23, of South Pearl Street, Oakfield, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, and aggravated unlicensed operation. Ferro was located on Central Avenue at 1:37 p.m. May 3 and allegedly found in possession of heroin and a hypodermic needle.

Michelle L. Misiak, 52,  was arrested on a warrant out of City Court. She was jailed on $250 bail.

Carolann Hyde, 61, of Burke Drive, Batavia, is charged with petit larceny. Hyde is accused of stealing from her employer, a business on East Main Street, Batavia.

Brian Anthony Knox, 34, of Quaker Road, Scottsville, is charged with DWI, driving while impaired by drugs, possession of a hypodermic instrument, and inadequate plate lamp. Knox was stopped at 10:22 p.m. Thursday on Townline Road, Bergen, by Deputy Austin Heberlein.

James Carl Davis, 28, of Eagle Harbor Road, Albion, is charged with DWI, driving with a BAC of .18 or greater, improper right turn, failure to obey traffic control device, and speeding. Davis was stopped at 2:39 a.m. Sunday on Lewiston Road, Batavia, by Deputy Joshua Brabon.

Christopher James Doxy, 33, of East Center Street, Medina, is charged with criminal obstruction of breathing, criminal mischief, 4th (preventing an emergency call), harassment, 2nd, and unlawful imprisonment, 2nd. Doxy was arrested following an investigation by Deputy Erik Andre reported at 11 a.m. Thursday at a location on Lewiston Road, Alabama.

John Paul Emilio Dougherty, 23, of Tracy Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speed unreasonable, moved from lane unsafely, and driving left of pavement markings. Dougherty was arrested following an investigation by Deputy Jeremy McClellan into a vehicle accident on West Sweden Road, Bergen, at 2:20 a.m. Friday.

Michael John Romanowski, 45, of Green Leaf Meadow, Rochester, is charged with DWI, driving with a BAC of .08 or greater, refusal to take a breath test, and open container. Romanowski was stopped at a checkpoint on Lewiston Road, Alabama, at 8:07 p.m. Thursday by Deputy Jeremy McClellan.

Lovelle William Ince, 20, of 106th Avenue, Queens Village, is charged with two counts of criminal mischief, 4th. Ince allegedly punched a large hole in a wall and damaged a door at College Village in an incident reported at 4:21 p.m. on May 6.

Joseph Jonathan Kuzma, 38, of Byron Holley Road, Byron, is charged with grand larceny, 3rd, trespass, and criminal possession of stolen property, 5th. Kuzma was arrested by Deputy Ryan DeLong following an investigation into stolen property on Byron Elba Road. He allegedly stole property valued at more than $3,000. He was previously charged with petit larceny. He was also charged with trespass for knowingly and unlawfully entering and remaining on the premises. He allegedly knowingly possessed stolen property with intent to benefit himself in June 2016.

David W. Hockenberry, 30, of Tonawanda, is charged with driving while impaired by drugs, license plate violation, and moving from lane unsafely. Hockenberry was stopped at 5:40 p.m. Nov. 30, in Darien by State Police. He was arrested Friday. No further details released.

Mark A. Stoneham, 57, of Elba, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a property damage accident, and moving from the lane unsafely. Stoneman was stopped at 8 p.m. Thursday in the Town of Pembroke, by State Police.

Terrence S. Morgan, 23, of Rochester, is charged with DWI, driving while impaired by drugs, unlawful possession of marijuana, driving without a license, aggravated unlicensed operation, and speeding. Morgan was stopped at 2:30 a.m. Saturday on Route 33, Byron, by State Police. As part of the traffic stop, Asiana I. Wedlow, 21, of Rochester, was charged with criminal possession of a controlled substance, 7th.

Accident with injuries reported on Route 77, Alabama

By Billie Owens

An accident with injuries is reported on 643 Alleghany Road (Route 77). Alabama Fire Department and Mercy medics are responding. Injuries are not believed to be serious. The accident is blocking traffic. The location is between Lockport and Casey roads.

UPDATE 8:57 a.m.: Minor injuries, no entrapment.

Accident with injuries reported on Ledge Road, Alabama

By Howard B. Owens

An accident is reported in the area of 1315 Ledge Road, Alabama.

The car hit a utility pole and injuries are reported.

The pole is standing but lines are down.

Alabama fire and Mercy EMS dispatched.

Law and Order: Man accused of burglary extradited from Tennesee

By Howard B. Owens

Dylan James Perry, 36, of Kingsbury Avenue, Batavia, is charged with burglary, 3rd, and petit larceny. Perry is accused of entering a business on Route 20 in Darien on Dec. 4 and stealing money. He was located in Manchester, Tenn., and extradited to New York.

Michael Joseph Panepento, 21, of North Street, Le Roy, is charged with assault, 3rd. Panepento is accused of punching another man several times in the head causing substantial swelling, bruising, and a cut, during an argument at a home in the Town of Pavilion at midnight April 28.

Jennifer A. Noll, 38, of Harvester Avenue, Batavia, is charged with soliciting alms in violation of Batavia Municipal Code. Noll is accused of asking people for money near Kwik Fill at 99 Jackson St., Batavia, at 10:22 p.m. April 30.

Darien Leonard Rhodes, 25, of Dellinger Avenue, Batavia, is charged with unlawful possession of marijuana. Rhodes was allegedly found in possession of marijuana at 5:10 p.m. May 1 at a location on Dellinger Avenue.

Steven M. Morales, 42, Lewiston Road, Batavia, is charged with criminal possession of a controlled substance, 7th. Morales was charged following a traffic stop where he was allegedly found in possession of a glass crack pipe with residue. He was stopped at 1:21 p.m. May 3 on Central Avenue by Officer Marc Lawrence.

Erin M. George, 30, of Horseshoe Lake Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and speeding. George was stopped at 2:13 a.m. April 27 on Main Street, Batavia, by Officer Mitchell Cowen.

Angela Reanee Bateman, 45, of East Main Street, Batavia, is charged with criminally using drug paraphernalia, 2nd. Bateman was charged following a report into a disturbance on Pringle Avenue at 4:11 a.m. May 1 by Sgt. Eric Bolles.

Miguel E. Alvarez, 23, of Maple Street, Batavia, is charged with petit larceny and unlawful possession of marijuana. Alvarez is accused of stealing the property of another person on Maple Avenue on April 25. He was allegedly found in possession of marijuana at the time of his arrest.

James C. Emerson, 56, of Church Street, East Pembroke, was arrested on a warrant for alleged failure to appear. He was arrested in Wayne County and turned over to Batavia PD. He posted bail and was released.

Ahdeosun Richaud Aiken, 19, of Ellicott Avenue, Batavia, is charged with criminal mischief, 4th. Aiken is accused of damaging property during an argument at 1:45 a.m. May 3 at a location on Hutchins Street, Batavia.

Nicholas Matthew Erway, 21, of East Robinson Road, North Tonawanda, is charged with DWI, driving with a BAC of .18 or greater, stopping on a highway. Erway was allegedly found sleeping behind the wheel of his vehicle at 12:04 a.m. May 6 while it was stopped on Route 77 in Alabama by Deputy Howard Wilson.

June Ann Weinart, 28, of Freeman Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, speeding, moving from lane unsafely, and open container. Weinart was charged following a traffic stop at 3:23 a.m. Saturday on Batavia Stafford Townline Road, Batavia, by Deputy James Stack.

Bruce Kenneth Ames, 51, of Washington Avenue, Batavia, is charged with unlawful possession of marijuana and unnecessary smoke/vapors. Ames was stopped at 8:20 p.m. May 1 on Ellicott Avenue by Deputy Austin Heberlein. He was accused of having unnecessary smoke/vapors coming from his vehicle. Ames was allegedly found in possession of a green leafy substance that he identified as marijuana.

Kevin Wayne Napier, 34, of Kendall, is charged with bail jumping, 3rd, and aggravated unlicensed operation, 3rd. 

Richardo Sampel, 48, of Batavia, is charged with criminal contempt, 1st, and Emily D. Schramm, 32, of Alabama, is charged with criminal contempt, 2nd. Sampel and Schramm were arrested together in Alabama by State Police on an incident reported at 10:17 p.m., April 24. Both were ordered held in jail. No further details released.

Sarah J. Ehrman, 38, of Scio, is charged with criminal possession of a controlled, 7th, and unlawful possession of marijuana. Ehrman was arrested May 3 in the Town of Alexander by State Police. No further details released.

Legislature meets new compliance officer

By Howard B. Owens

With grant applications for state and federal funds becoming increasingly complex, often with requirements that last years after grants have been awarded, counties throughout New York are adding a new position -- compliance officer.

The Genesee County Legislature approved such a position in the 2018 position and yesterday, the county's new compliance officer, Kimberly Mills, was introduced to the Legislature at the Ways and Means Committee meeting held at Genesee Community College's new Student Success Center.

As soon they met her, the committee also agreed to a proposal from County Manager Jay Gsell to increase her new duties. She will also be the county's privacy officer.

Mills is a graduate of Oakfield-Alabama High School, started her college education at GCC, earned her bachelor's degree in Accounting at Roberts Wesleyan University, and her master's in Accounting from the University at Buffalo School of Management.

She's originally from Alabama and now lives in Oakfield.

One reason the job interested her, she said, is she has a passion for Genesee County.

"It’s a new position," Mills said. "I knew it would be a lot of work but I’m always one for new projects and working on new things."

Prior to becoming the compliance officer she was an accountant with Freed Maxick CPAs.

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