Alabama

A Sheriff's deputy was injured in a two-vehicle accident on MacComber Road this evening.

Deputy Kevin McCarthy suffered minor cuts and a possible concussion in the accident which occurred at 5:26 p.m..

McCarthy's patrol car struck a 1999 Ford pickup truck that three people pushed out onto MacComber Road a mile north of Townline Road in Alabama.

The three people managed to jump clear of the truck before the collision. A 17-year-old, Chase E. Winkstern, of 8344 Powers Road, was reportedly behind the while of the disabled pickup truck. He was not injured.

The disabled pickup truck was being pushed out from the front lawn of 7286 MacComber Road. A second pickup truck was parked facing north in the northbound lane with its headlights on. It was not struck.

Both trucks are reportedly owned by Del-Mar Farms, 3111 Pratt Road, Batavia.

McCarthy was transported by Mercy EMS to UMMC where he was treated and released.

The accident remains under investigation. The Sheriff's Office press release listed no possible charges and didn't say whether charges are being considered.

Franklin K. Zimmerman, 75, of 535 Bauman Road, Williamsville, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement marking. Zimmerman was stopped by Deputy Jason Saile on Lewiston Road in Alabama.

A 17-year-old from Batavia is charged with petit larceny. The youth is accused of stealing $120 in merchandise from Target.

Jordon John Giglia, 20, of 9202 Allegheny Road, Corfu, is charged with criminal contempt and harassment. Giglia is accused of violating a no-offensive-conduct order out of Genesee County Family Court. Giglia allegedly pulled a chair out from under the protected person, causing her to fall and strike her head.

Leon C. Bloom, 27, no permanent address, has been jailed on $50,000 bail for allegedly failing to abide by drug court rules.  In May, Bloom was arrested for allegedly violating an order of protection.

Timothy Daniel Eastridge, 32, of 30 Bennett Ave., Oakfield, is charged with criminal possession of stolen property, aggravated unlicensed operation, DWI, criminal mischief and unlawful possession of marijuana. Eastridge is accused of driving a stolen vehicle into a fence and tree near Alex's Place on Park Road, and then driving to the Batavia Downs parking lot, where he parked the car. Witnesses helped police find the car, and Eastridge was allegedly seen exiting the car. Eastridge was taken into custody by Deputy Chris Parker. The deputy reportedly found a marijuana pipe on Eastridge. The car was reportedly stolen from an area near Faletti's Ice Rink on Evans Street a short time earlier. Batavia Police assisted in the arrest.

Patricia A. Poole, 20, of 4036 W. Main Street Road, Batavia, is charged with petit larceny. Poole allegedly stole an item from Hess Mart on Nov. 8. She was jailed on $250 bail.

Brian J. Lambert, 28, of 120 State St., Upper, Batavia, is charged with unauthorized use of a vehicle in the third degree. Lambert was stopped in the Town of Alexander by Deputy Chris Parker after Lambert reportedly failed to return the vehicle of his mother's boyfriend as agreed.

Lonnie J. Hamilton, 22, of 14776 Baker Road, Kent, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Hamilton was stopped on Route 98 in the Town of Batavia by Sgt. Thomas Sanfratello for alleged failure to keep right. Sgt. Sanfratello concluded that Hamiliton was allegedly driving drunk.

Scott Joseph Richardson, 20, of 5 Lakewood Drive, Rochester, is charged with unlawful possession of marijuana. Richardson was reportedly the passenger in a car stopped for an alleged traffic violation by Deputy Patrick Reeves. Reeves reportedly found marijuana on Richardson.

Donald J. Monroe, 46, of 580 Cohocton Road, Corfu, is charged with DWI, and aggravated DWI with a BAC of .08 or greater. Deputy Patrick Reeves responded to the area of Cohocton Road in Pembroke after the Sheriff's Office received a report of a drunk or sick driver. He subsequently pulled over Monroe's vehicle and charged him with DWI.

Jonathan Scott Viterise, 21, of 75 Stone Fence Road, Rochester, is charged with unlawful possession of marijuana. Viterise was reportedly the passenger in a car stopped for an alleged traffic violation by Deputy Patrick Reeves. Reeves reportedly found marijuana on Viterise.

Richard Dale Fennell, 29, of 5 Exchange St., Akron, is charged with criminal possession of a controlled substance. Fennell was reportedly a passenger in a vehicle stopped by Deputy Patrick Reeves that was stopped for an alleged traffic violation. Reeves reportedly found a medication on Fennell for which he didn't have a prescription.

Gerald "Zach" Z.L. Watts, 25, of 5 Otis St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Watts was reportedly stopped on S. Lyon Street in Batavia by Sgt. Thomas Sanfratello of the Sheriff's Office for alleged failure to keep right.

Brett R. Doward, 23, of 16 Harvester Ave., Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving on the shoulder. Doward was reportedly stopped by Deputy Howard Carlson on Route 33 in Stafford.

Richard D. Ryan, 33, of 136 Pearl St., Batavia, is charged with criminal mischief. Ryan allegedly damaged furniture of his ex-girlfriend, valued at $250. He was jailed without bail.

Thomas K. Lee, 46, of 4 MacArthur Drive, Apt. 10, Batavia, is charged with two felony counts of criminal contempt and three counts of harassment. Lee allegedly violated an order of protection. The harassment charges stem from alleged actions toward the protected person, and the third count stems from alleged actions toward a probation officer. Lee was jailed without bail.

David P. Schlitz, Jr., 45, of 112 Howard Road, Batavia, is charged with DWI and refusal to take a breath test. Schlitz was reportedly stopped on Clinton Street by Officer Thad Mart after a caller provided the license plate number of a vehicle allegedly driven by a drunken driver.

A 16-year-old from Bergen is charged with harassment. The girl was reportedly involved in a domestic argument. She was jailed on $250 bail.

Christopher P. Clute, 30, of Middleport, is charged with auto stripping, third degree. Clute was arrested by State Police at 6566 Dysinger Road in Alabama.  He was issued an appearance ticket.

Two Genesee County men face federal charges of conspiracy to manufacture methamphetamine after local law enforcement agents raided a house on Lewiston Road in Alabama this morning.

Because of the toxic nature of the chemicals involved, a haz mat team has been on location all morning conducting clean up while investigators sift through the evidence, which includes chemicals, paraphernalia and guns. Two young men found at the location had to be decontaminated at the scene.

Sheriff Gary Maha announced the arrests at the 789 Lewiston Road residence at 10 a.m..

Taken into custody were Dustin R. Benham, 20, of 10472 Alleghany Road, Darien, who was in the house at the time of 6 a.m. raid. The owner of the home, Kenneth W. Mosholder, 44, was not in the dilapidated house this morning. He was arrested a few hours later at a friend's house at 135 Jackson St., Batavia.

Maha said his office sought federal charges in this case because he wants to send a clear message that the manufacture of meth will not be tolerated in Genesee County.  Meth labs are an epidemic in some rural counties around the nation, including some New York counties.

"This is the first methamphetamine lab in Genesee County that we know of," Maha said. "We want to send a clear message that we'll stop this cancer before it spreads. That's another reason for going for Federal prosecution in this case."

Moshholder's 17-year-old son was also in the house at the time of the raid, but he has not been charged with any crimes at this time. He has been turned over to social services, who will find a place for him to stay. Mosholder could face child endangerment charges, according to Maha.

Other charges may be pending against Mosholder and Benham.

Maha said the lab was small and fairly recent, but officials believe Mosholder intended to grow his alleged production facility. The Sheriff said as far as officials know, the drug was being distributed in Batavia. The investigation is ongoing as to whether other individuals were involved in the distribution.

"At this time we feel it's a relatively small operation," Maha said. "We know he's been living out here for about a year-and-a-half, so it's possible he's been dealing for a year-and-a-half. You'll get a look at the materials and you'll see how big of an operation it is. Even though it's a small operation, we think he was growing the operation based on our intelligence."

Mosholder is reportedly originally from the Genesee County area, but moved to Texas before returning to Alabama in 2008.

According to law enforcement officials on scene, the presence of guns in the house -- where meth was allegedly being manufactured -- could add up to 20 years of prison time to any eventual sentence the defendants receive if convicted.

Responding to the scene this morning to deal with the investigation and clean up were DEA chemists, members of the Genesee County Haz Mat Team, Genesee County Emergency Management, Mercy EMS and the Alabama Fire Department.

Participating in the investigation and arrests were the Genesee County Local Law Enforcement Task Force.

Mosholder and Benham will be arraigned in federal court in Buffalo later today.

An Oneida County man who allegedly stole a car from a residence on the Tonawanda Indian Reservation is in the Genesee County jail today following his arrest by the Lancaster Police Department.

Jeffery M. Wisinski, 38, of 7484 Lake St., Vienna, was stopped by Lancaster Police for alleged traffic violations. By that time, the car he was allegedly driving had already been reported stolen.

Before turning Wisinski over to the Genesee County Sheriff's Office, Lancaster charged him with criminal possession of stolen property, resisting arrest, unlawful use of a vehicle, obstruction of governmental administration as well as numerous traffic violations.

Wisinski reportedly tried to flee from police, who gave a brief chase, in the 2007 Dodge Charger that was reportedly stolen.

The case started on Sept. 11, 2:10 a.m., when Sheriff's deputy responded to a report of a suspicious person at the Rez Smokeshop. Upon arriving, deputies found a neighboring garage had been burglarized and the car was missing.

Yesterday, Wisinski was turned over to the Sheriff's Office and he was taken to Town of Alabama Court, where he was arraigned on charges of burglary in the third degree and grand larceny in the third degree. He was jailed on $500 bail.

The investigation was conducted by Deputy Kevin McCarthy, Investigator Timothy Weis, with assistance from deputies Parker and Diehl, as well as State Police.

Kyle R. Thill, 20, of 1469 Lewiston Road, Alabama, is charged with driving while impaired by drugs, speeding (going 53 in a 40 mph zone) and unlawful possession of marijuana. Thill was reportedly stopped by Deputy Patrick Reeves at 1:16 a.m. on Nov. 1 on Knowlesville Road in Alabama.

Michael Willard Mairrose, 20, of 4111 S. Main St. Road, Batavia, was picked up on a DWI warrant from Town of Stafford Court. He was jailed on $500 bail.

James Valentino Brown, 20, of 162 Peck St., Rochester, is charged with criminal possession of marijuana. Brown was allegedly found in possession of marijuana while at College Village. He was jailed on $250 bail.

Jeremy Scott Yantz, 29, of 214 Ellicott St., upper, Batavia, is charged with DWI. Yantz was taken into custody on a warrant stemming from a previous arrest.

A passerby reportedly found an unconscious person on Judge Road in Alabama who may have been struck by a motor vehicle.

The first firefighter on scene reported the individual was conscious by the time he arrived and was highly intoxicated, though may have been struck by a car.

Mercy Flight is on standby and Mercy EMS is in route.

A handful of snowmobilers attended last night's Genesee County Legislature meeting, and though they were not allowed to speak, they did walk about with good news.

It may be possible for the Genesee County Sno-Packers to reinstall the bridge it installed on Sour Springs Road over Oak Orchard Creek.

The county highway department removed the bridge Oct. 22, with officials citing liability concerns since installation of the bridge was not authorized.

Two issues stand in the way of putting the bridge back in place: County liability and responsibility for maintenance. Both of those issue appear on the cusp of resolution.

"After some discussion I had tonight with the county attorney, it appears that the county attorney would be receptive to the town of Alabama giving a hold harmless and indemnification agreement to the county," said Legislator Ray Cianfrini. "I was told by Mr. Rizzo that he would be receptive to that, and that's a huge step forward."

Even though the Sour Springs Road runs through a national wildlife refuge, it is actually a Town of Alabama roadway.

County Highway Superintendent Tim Hens said he was confident an agreement could be reached with the Sno-Packers for maintenance of the bridge.

Kevin Fisher, speaking for the Sno-Packers after the meeting said the club would have no issue with taking care of the bride and would gladly reinstall it themselves.

“I’m sure the club will put it back in," Fischer said. "We did it once, I’m sure we can do it again.”

At which point another club member chimed in, "It's easier the second time."

"You got it," Fisher said.
 

Citing personal reasons, Town of Alabama Supervisor Guy Hinkson is stepping down from his elected post.

He informed the Town Board of his decision last night, but he will continue to serve until a successor is appointed, which is the most likely scenario for filling the job. That person would need to seek reelection next fall in order to remain as supervisor.

There was nothing political about his decision, he said.

"I've been going through some personal difficulties," Hinkson said tonight. "The apartment I was in had a fire. I had to find another place to live that night. I moved out of town (to his mother's house in Bergen). I fully intended to complete my term and stay in Alabama."

The fire occurred Aug. 29.

"I really don't want to have to resign," he said. "I've put a lot of work into the issues that will be coming before the board in the next year. But it looks like I'm going to be living (in Bergen) awhile. Life is what it is and you deal with it."

Specifically, he was looking forward to working with colleagues on the proposed wind-power project and the development of an advanced technology park.

Hinkson is a conservative Republican. He had two years left as supervisor.

Kyle Christopher Monroe, 20, of 4036 W. Main St. Road, Batavia, is charged with criminal possession of stolen property in the 4th degree and criminal possession of stolen property in the 5th degree. Deputy Sanfratello stopped Monroe for allegedly operating his car without headlights on Route 63 in front of Tops Market at 12:30 a.m. on Oct. 24. The vehicle was a 1997 Dodge Caravan, which had been reported stolen in the City of Batavia on Oct. 21. The license plates were reportedly stolen from another vehicle parked at GCC on Oct. 22. Monroe was jailed on $5,000 bail. He was also charged with unlicensed operation, switched plates, unregistered motor vehicle, uninspected motor vehicle and operating without insurance.

Matthew Ryan Smith, 18, of 1705 Lewiston Road, Alabama, is charged with unlawful dealing with a child. Smith is accused of hosting an underage drinking party on Oct. 12 at his residence. He was arrested at 12:04 a.m. today.

A 16-year-old from Byron has been charged with unlawful possession of marijuana. She was arrested after a K-9 alert on her car while it was on Byron-Bergen High School property during a narcotic sniff sweep of the western parking lot. The arrest was made by K-9 Deputy Brian Thompson.

The Sno-Packers Snowmobile Club thought they had all the approval they needed to build a recreational bridge over a creek in Alabama.

County officials disagree. County Manager Jay Gsell said this morning the bridge violates state law and the only option for the county is to remove it.

Department of Highway workers are tearing down the bridge today.

The bridge, which club members say took 400 man hours to build and is worth at least $40,000, spans a creek off Sour Springs Road, which is a dirt road off Roberts Road.

The club installed the bridge -- which club members largely pre-built in a garage prior to installation -- about a month ago. It's already been heavily used, according to club secretary Jane Chaddock, by fishermen, birdwatchers and hikers.

"It's nothing but a fiasco for something that was so beautiful and so much work," Chaddock said.

Doug Hagen, Genesee County snowmobile coordinator, said the club felt it had approval for construction of the bridge -- from County Highway Superintendent Tim Hens signing off on plans, to the County Legislature's Public Services Committee saying it should be built, to officials from the Town of Alabama saying they didn't oppose the construction.

Gsell said there was never any official permission given from the county and since the bridge is on the Iroquois National Wildlife Refuge, there needs to be more than tacit approval from the federal government for snowmobilers to ride right through the preserve.

But the main issue from a county perspective, Gsell said, is that any bridge over 5-feet long becomes county responsibility.

The county would be liable for any injuries resulting from use of the bridge should there be a problem.

And although club officials, according to Hagen, believe the bridge exceeds engineering standards for its intended use, Gsell said that's not necessarily true.

"Because the snowmobile club has actually admitted that they're going to use that bridge to put their snowmobiles on to cross that body of water, that bridge must meet state and federal guidelines as far as structural integrity, the distances, the accessibility...and that's not presently the case," Gsell said.

"The highway superintendent then, under state highway law, has to deal with the issue in terms of either removing it, which right now is our only logical option, or at some point involving some major capital project - we're talking about a couple of million dollars of replacing a bridge structure, because anything over 5 feet is the responsibility of county government. But, that doesn't mean we have to take ownership of something that people put there illegally and without anybody's permission."

According to Hagen, Sheriff's deputies are on scene at the bridge tear-down ensuring club members don't get out of hand.

Hagen said all of the material and labor to build the bridge was donated, but if he had to guess at the cost of material and construction, he would put it at $40,000.

"That bridge was built at absolutely no taxpayer expense," Hagen noted, "and now taxpayers are paying for that bridge to be ripped out."

Chaddock fought back tears while we spoke. She said people who have seen the bridge love it.

"People say it's the best bridge they've ever seen," Chaddock said. "People have said  they wanted to get married on that bridge."

UPDATE 11:43 a.m.: The bridge is gone. It was, however, removed in one piece and will be put in storage, Tim Hens said. He just returned to his office from the site, he said.

"Unfortunately, when the club put the bridge in without permission, it kind of forced our hand," Hens said. "I don't think anybody from the county wanted to remove that bridge, but it's what we had to do to protect county taxpayers from liability."

Hens said the county -- which has helped the snowmobile club raise $500,000 in grants from state and federal agencies over the past several years -- was trying to find a way to either get a bridge in place, or allow a bridge to be built, but had not been able to complete that process before the bridge went up.

UPDATE 3:30 p.m. (Billie Owens): The bridge came down easily and quickly this morning, according to the workers who remained at the scene afterward.

"It was a solid, well-built bridge, made of steel and wood," said county employee Aaron Zinkovich.

Another worker added that County Highway Superintendent Hens got verbally thrashed by snowmobile enthusiasts at the scene.

"They beat up on him pretty good - called him every name in the book," he said.

The snowmobilers wasted no time getting lawyered up. They've retained Roland R. Georger, of Damon Morey Attorneys at Law in Clarence, to advise them on the matter.

"I have a lot of investigating to do," Georger said, adding that will include looking at the permitting process.

Agenda minutes of the Byron-based Genesee County Snowmobile Association from Sept. 8 -- under the Old Business section -- reported that the county attorney "has told Co. Highway and Town of Alabama that the county cannot support the bridge concept because of liability. We all need to lobby Hawley and our county legislators for adopting a county law." Hagen attented the meeting along with other snowmobile group representatives.

The Sour Springs Bridge was built in the ensuing weeks.

UPDATE: Photo above by Billie Owens

UPDATE: Picture below submitted anonymously with no comment.  It looks like this would be the old bridge that was destroyed by an alleged drunken driver.

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Alabama Fire and Mercy EMS were dispatched to an Alabama location off Bloomingdale Road after OnStar contacted Genesee County Dispatch because a car indicted a right-side accident impact.

There was no air bag deployment, and the driver did not respond verbally to OnStar.

The first responder soon discovered the alarm was a malfunction in the vehicle. Alabama Fire and Mercy EMS were immediately canceled.

An electrical extension cord running through a basement window to a detached garage is the likely cause of a fire this morning at 2320 Judge Road, Alabama.

All five family members at the home escaped safely, and firefighters rescued the family's dog and cat.

Emergency Management Coordinator Tim Yaeger called the use of the extension cord "improper."

The fire caused $60,000 to $70,000 damage to the structure and contents of the home.

The extension cord ignited the window frame, and the fire climbed up the outside wall, crawling into second-floor bedroom, into the eaves and eventually into the attic. It also was just beginning to ignite a first-floor living room couch when the fire was suppressed.

It took units from Alabama and Oakfield an hour to fight the fire.

The home, owned by Jim Venzey and rented by Dave Kinney, was insured, Yaeger said.

Previously: House fire reported on Judge Road in Alabama

A house fire has been reported at 2320 Judge Road, and a second alarm has been reported.

The caller reports heavy smoke, flames and glass breaking.

Alabama, a full response from Oakfield and an Elba pumper have been requested.

UPDATE: First responder reports, nobody is in the house.

UPDATE 9:54 a.m.: A crew inside reports there was a fire in a bedroom. The fire is knocked down a this time and the crew is checking for extensions.

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A driver and his wife were injured in an accident in Alabama this afternoon when the driver allegedly failed to yield the right-of-way to another car.

The driver, Charles F. Smith, 63, of Waterloo, is in serious condition at Erie County Medical Center and his wife, June A. Smith, 58, is in stable condition.

Charles reportedly suffered internal injuries and was semi-conscious when emergency personnel arrived. June suffered an internal shoulder injury and was conscious at the scene of the accident.

According to a report by Deputy Jim Diehl, Smith was heading north on Shanks Road when he attempted to cross Bloomingdale Road into a parking lot at 383 Bloomingdale Road.

A 1999 Subaru driven by Travis J. Hanson, 18, of Akron, was eastbound on Bloomingdale Road when it collided with Smith's 1991 Buick sedan.

Neither Hanson nor his 17-year-old passenger, David R. Santamaria, were injured.

The force of the accident sent Hanson's vehicle into a car parked in the lot on Bloomingdale Road. That truck is owned by John Snell of Lancaster. Snell was not in the vehicle at the time of the accident.

An abandoned house has reportedly caught on fire at 8038 N. Pembroke Road.

Earlier today there was a report of a controlled burn. According to Dispatch, the owner of the house, who was burning brush earlier, called to say the fire had spread to the house.

East Pembroke and Alabama fire departments are being dispatched.

A utility pole has blown down in Alabama and the fire department is being dispatched. There is a report of fire on the wires and the pole has fallen into trees. 

I thought I heard 238 Sky Road as the address, but that doesn't come up on Google Maps.  The reported address is 238 Skye Road, Alabama.

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