batavia

Batavia Fire is being dispatched to 33 Swan St., the location of Saturday's Wiard Plow fire, after a caller reported seeing smoke coming from the rubble.

A first responder reports a mild scent of smoke.

Christopher W. Fowler, 21, of 3340 W. Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater, harassment and obscenity, 3rd. Fowler is accused of sending an obscene photo by phone to another person and harassing that person. While investigating the alleged complaint, Sgt. John Peck came into contact with Fowler driving on West Main Street at 6:15 p.m, Thursday. Fowler was allegedly found driving drunk.

A 15-year-old from Bethany is charged with assault, 3rd. The youth was arrested by State Police following an alleged incident at 1:45 p.m., Wednesday. No further details were released.

Janet L. Grossman, 43, of Stafford, is charged with petit larceny. Grossman was arrested by State Police on Tuesday in connection with an alleged incident on May 1 in the Town of Batavia. No further details were released.

Joshua Gonzalez, 19, of Staten Island, is charged with petit larceny. Gonzalez was arrested by State Police on Monday in connection with an alleged incident from May 9 in the Town of Batavia. Gonzalez was jailed without bail. No further details were released.

Accidents from the State Police blotter:

10:03 a.m., May 11, Ellicott Street Road, Bethany, one vehicle; Driver 1: Dale C. Burroughs, 50, of Batavia. No injuries reported.

4:57 p.m., May 11, off road/name not found, Town of Pavilion, one vehicle; Driver 1: Jeffery S. Stebbins, 43, of North Tonawanda. No injuries reported.

9:15 a.m., May 11, Thruway, mile marker 404.7, two vehicles: Driver 1: Toni S. Paul, 57, of Longmont, Colo.; Driver 2: Marvin L. Jacobson, 27, of Pavilion. One injury reported.

10:41 a.m., May 11, Thruway, Le Roy exit, one vehicle; Driver 1: Duane A. Brecke, 53, of Marshfield, Wis. No injuries reported.

A Lancaster woman involved in a single-car crash Thursday in the Town of Batavia said she doesn't remember what happened prior to her car hitting a utility pole.

The woman suffered minor injuries but declined transport to the hospital.

Laura Butler Hughes, 22, of Cloverside Drive, Lancaster, was driving a 2005 Toyota sedan westbound on Route 33 near Sunset Terrace when her car crossed the roadway, went off the shoulder and hit a utility pole.

The accident occurred at 4:41 p.m.

Hughes reportedly told Sgt. Greg Walker that she only remembered seeing the pole as her car struck it.

No citations were issued.

Pictured above is Eric, the Employment Specialist with Community Action sharing of the programs that they offer.

Community Action was just one of many organizations including Care-A-Van Ministries that particpated in the Community Resource Organization which was held for all mothers at the South Campus of Northgate. This was an evening planned for the moms so they could learn of the different agencies and organizations and the services they provide here in the community.  This event was sponsored by the Northgate church.

Sherry from the YWCA was on hand to share of the Powered Up programs and other services that are availabe for women at the YWCA.

As I pulled into the parking lot at Northgate this evening, I saw this group of young men and women. I questioned as to who they were.

I was told it was the Teen division of the Civil Air Patrol which is part of the Air Force Auxilary. What an awesome program for young men and women! They told me they get together at the South Campus of Northgate every Thursday evening.

It's a civil matter, say local prosecutors, after looking at a recent case of alleged damage done to an apartment at 122 Summit St.

The Batavian reported on May 4 that landlord Willard Preston called in police after viewing holes in walls, broken window frames and piles and piles of trash allegedly left by a tenant recently evicted.

Batavia Police Officer Ed Mileham said this evening, following his investigation into the matter and reviewing the evidence with an assistant district attorney, that there is insufficient proof for a criminal mischief charge.

Mileham said he has successfully brought a case to the district attorney's office involving tenant damage to an apartment. But in that case, there was clear evidence that the damage was done in a short amount of time and after the tenant expressed a desire to break a lease.

In this case, the tenant was in the apartment for a year and a half and there's no evidence that the damage wasn't anything more than carelessness carried out over the entire span of the tenant's residency.

A woman was reportedly spotted riding a red bike in the area of North and State streets holding up a lighter as she peddled along.

A few minutes after the initial call, she was reported in the area of Wendy's on Main Street.

Callers report she appears intoxicated.

Batavia Police has been notified.

UPDATE: An officer on scene reports several red bikes outside the door of Wendy's.

BATAVIA, NY -- There is blood spatter on Scott Doll's coveralls and blood spatter on the Ford Windstar he reportedly drove the day that Joseph Benaquist was found dead in the driveway of his Pembroke home, a bloodstain pattern expert testified today.

The spatter -- which is Benaquist's blood -- was caused by an impact of some kind on a source of blood, said Paul Kisch, whose expertise in the field was well established at the start of his testimony.

Kisch stopped short of saying the spatter was caused by an impact to any part of Benaquist's body.

The 66-year-old former corrections officer was found dead on Feb. 16, 2009, laying on his back in a large, dark pool of his own blood.

The spatter marks -- none shown in photos were bigger than a heavy pen mark -- were described as being over most parts of the front of Doll's camouflage coveralls, as well as the driver's side of the Ford Windstar.

"The spatter is consistent with impact spatter in close proximity to an impact event," Kisch said. "It is consistent with an impact event associated with Joseph Benaquist's blood."

Kisch made similar statements about both the spatter on the coveralls and the Windstar.

Doll was found just before 9 p.m. on Feb. 16 walking north on North Lake Road, toward Benaquist's home, carrying a jack and lug wrench, while the Windstar was parked at a garage on North Lake and Main Road in Pembroke.

A pair of bloody gloves were found on the hood of a car next to the Windstar.

Kisch also testified that there were what he called "transfer stains" (meaning blood got on one object and was transferred to another surface by touch it) on the pavement (likely from tennis shoes, he said), under a Nissan Altima parked in the driveway, and a Pontiac G6 parked near Benaquist's body.

Under cross examination for Doll's attorney Paul Cambria, Kisch could not say if the blood on the G6 revealed anything about the direction of struggle that might have taken place during the confrontation that cost Benquist his life.

As for the transfer under the Nissan, Kisch testified that he couldn't say whether that blood came from Benaquist touching that spot during a struggle or from Scott Doll touch that spot with a bloody glove at some point.

In the middle of Cambria's cross examination, it was time for the trial to break for lunch.

Prior to Kisch taking the stand, Investigator Ronald Welker testified about his examination of a phone belonging to Benaquist and of call records associated with Scott Doll's phone.

In the week before his death, Benaquist's phone was used to make four calls to Doll's phone, the last being at 4:46 p.m., Feb. 14.

On Feb 15, Benaquist's phone received a call from Scott Doll's phone, and again at 3:06 p.m. on the day of the murder.

On that day, at 4:16 p.m. and again at 4:31 p.m., two additional calls came into Benaquist's phone -- one from his girlfriend's mobile phone and another from her house phone.

As for Scott Doll's phone, he made an outbound call at 4:01 p.m. to the Adesa auto auction house, and then his phone received a phone call a few minutes later from the National Debt Resolution Center.

A short time later, his mother Audrey Doll called, and then in rapid succession, Scott Doll's son Josh placed four calls to the number -- all of which went to phone mail, we learned in yesterday's testimony. Josh called a fifth time that night.

Don't call it "arson" just yet.

Batavia Police Detective Kevin Czora said this afternoon that just because the state's fire dog, "Shadow," detected the scent of chemicals in the old Wiard Plow building on Tuesday doesn't mean an accelerant was used to ignite Saturday's big fire.

"You're talking about the floor of an old business that used many different kinds of chemicals," Czora said.

The investigation continues, Czora said, and detectives continue to question various individuals in an attempt to figure out if the fire was deliberately set, and if so by whom, or if not, exactly what caused the fire.

A key to answer the questions will be what the state's fire lab determines were the chemicals that caught the nose of "Shadow."

Chris Barons, known to readers of The Batavian, as C.M. Barons, and a frequent critic of Assemblyman Steve Hawley, is exploring a possible run against Hawley this fall.

Barons, a Bergen resident and registered Green, met with the Genesee County Democrat Committee this week in Corfu -- a presentation that went well, according to Chairwoman Lorie Longhany.

For his part, Barons said his possible candidacy springs from the fact that people have been asking him to run, but he's not sure how viable a run would be with out Democratic support.

"Let’s just say anybody who was going to make a serious run for that office is going to have to be in one of two conduits and apparently there’s only one available," Barons said.

Barons has yet to meet with Democrats from Orleans County. He said he has also not yet been in contact with Greens.

Longhany said Barons made an impressive showing when he spoke with the Democratic Committee, giving thoughtful answers on a broad range of issues, but whether he will get the backing of the committee is unclear at this time.

He may have to switch parties to gain the backing of Democrats, but Barons said that at least in his first meeting with local Democrats, the subject didn't come up.

Longhany described Barons as a liberal libertarian with a sense of localism.

Barons, who has frequently referred to the incumbent assemblyman as "Hypocrite Hawley" for not doing more to address the serious issues in New York, said it would be a big step for him to enter a political race.

"I work and function as an average citizen and to do anything else obviously is a radical change," Barons said this morning. "But if there is an interest demonstrated in my candidacy I have made the decision to embrace that."

A Batavia man jailed on an alleged probation violation is accused of punching a Genesee County Jail guard in the face with a closed fist.

Thomas Kevin Lee, 46, a Jackson Street resident, was taken into custody after probation officers found him allegedly intoxicated, in violation of his probation terms.

At about 5:45 p.m., Wednesday, while in custody at the jail, Lee allegedly hit the guard.

The Sheriff's Office did not release information on any possible injuries to the guard.

Lee is charged with assault, 2nd, and criminal contempt.

Jurors in the Scott Doll murder trial this afternoon were shown three videos from the Adesa auction house in Akron that covered three different auto transactions central to case.

Defense Attorney Daniel Killelea walked Warren Klaus, general manager of Adesa, through the videos and procedure of auction sales.

The first video of the auction block shown to jurors was from Sept. 9, 2008. It shows the silver Pontiac G6 in the auction.

Killelea asked Klaus if he could point out Scott Doll at any point during the first two video clips. Klaus repeatedly stated that he could not identify Doll.

A clip of the green Chevy Malibu being bid on was shown.

Killelea observed a male seen throughout one of the clips.

After showing the recording from Nov. 25, 2008, Killelea asked Klaus whether the individual who had won the bid on the 2006 Malibu appeared to be Scott Doll.

Warren Klaus replied, “no, but it looks like it could be Josh Doll."

“Doll’s son?” asked Killelea.

“Yes” testified Klaus.

The third video, combined short clips that were dated from different times to help the jury better understand the auction process. After it had been shown, Klaus stated, “another Tuesday at Adesa Buffalo” to emphasize that the auction occurs weekly, on Tuesdays.

Klaus also testified that the murder victim, Joseph Benaquist, was an authorized user on Doll's Adesa account at one time, but was removed on April 5, 2004, possibly to add someone else's name to the access list.

Under questioning by Killelea, Klaus acknowledged that in February 2009, more than seven people were listed on Doll's account with auction access.

Klaus added, “Yes, I would agree, and there appears to be more than seven authorized users.” It was also agreed that multiple holds were put on Doll’s access.

Dealer agents are required to have an access card to enter the auction, which is a swipable photo ID issued by the auction house. But Klaus acknowledged the entry process is insecure and people other than the authorized agent can use a valid card to enter the auction.

Even so, he said, employees come to know and recognize regular attendees.

Klaus said he didn't remember seeing Josh Doll at Adesa auctions.

The afternoon’s second witness was Christopher Crangle, assistant branch manager of Automotive Finance Corporation (AFC).

Assistant District Attorney Melissa Cianfrini questioned Crangle regarding his company’s role in dealing with “problem accounts” including collections, and loss prevention.

Crangle was asked to explain a “floor plan” where a line of credit is extended to car dealers to purchase automobiles.

Crangle testified that AFC was in receipt of the Pontiac G6 vehicle.

It was noted that the defendant placed the 2006 Malibu on the floor plan on Jan. 8, 2009.

But Scott Doll's account was restricted and he could not add more users to his account because there were some issues regarding Doll’s personal credit.

He had four delinquent accounts, which were $16,000 in arrears.

Crangle said he had followed up with Doll to notify him of his delinquent accounts.

Crangle testified that he contacted Doll four days before the Malibu was placed on the floor plan to advise him that AFC was freezing his credit, so he could not purchase more autos with through AFC.

The last witness to take the stand was Sarah Henninger, also an assistant branch manager from AFC.

She explained to the jury that her duty involves operations, including checking dealer compliance with floor plan requirements.

The company verifies the car’s existence, to make sure the owner has not secretly sold the vehicle, by performing "lot checks" at random.

Henninger testified that during an AFC lot check conducted on Jan. 9, 2009, Doll’s Dodge Grand Caravan was not on site as required by the floor plan.

Henninger said that Scott Doll eventually brought the vehicle in to AFC because the “vehicle was missing during the lot check on the account."

When Cianfrini asked Henninger where the Dodge Caravan was located during the check, Henninger agreed that Doll had said it was “in the garage."

Henninger then contacted SF Enterprises and she personally saw the vehicle on Jan. 13, confirming it was still in Doll’s possession.

Sarah Henninger testified that Scott Doll from SF Enterprises had the account with AFC, not Joseph Benaquist.

A Batavia man who drove the wrong way on a Connecticut freeway March 25, causing a fiery crash that took his own life and the life of another driver, was sober at the time of the accident, according to a medical examiner.

The Day newspaper reports that no drugs or alcohol were found in a toxicology examine.

The findings confirm reports by witnesses that Lance Lewis, 36, was driving straight and at normal highway speeds prior to the crash.

That Lewis was not under the influence is a confounding revelation to investigators, who conceded Tuesday that answers may never be found.

"At this point, we need to start investigating other reasons or other possibilities of why he drove the wrong way," state police Sgt. William Bohonowicz said Tuesday. "We might not truly ever know. However, we now have to investigate aspects of possible suicidal tendencies or medical (reasons)."

The Day's coverage includes seven audio clips of 9-1-1 calls, first reporting the wrong-way driver, then reporting the accident. On one of the calls, the caller never responds to the dispatcher, but you can hear somebody in the background yelling for a fire extinguisher.

Witnesses also say that Lewis was driving with his headlights off. One witness says that when he first went on the freeway, it looked like he realized his mistake and started to turn around. But ended up making a 360-degree turn and continued down the freeway in the wrong direction.

A car fire is reported across the street from 7890 Kelsey Road, close to Galloway Road. Town of Batavia Fire Department is responding.

UPDATE (4:59 p.m.): The current dispatch says it is not a car fire, but rather there are wires down. They are not in the roadway. This was caused when a farm vehicle, carrying an oversized load of scrap material, accidently pulled telephone lines down.

BATAVIA, NY -- Phone, insurance and auto auction records were presented to the jury today in the murder trial of Scott F. Doll, the Corfu man accused of killing Joseph Benaquist on Feb. 16, 2009.

Jacob Ebel, the retail sales manager for the Verizon store on Lewiston Road, Batavia, took the stand first and explained how to read the call records for Scott Doll's phone.

The record shows that Doll made his final outbound call on Feb. 16 at 4:01 p.m.

Later in the morning when the Adesa auto auction manager, Warren Klaus, was on the stand, it was established that the 4:01 p.m. call was to the Adesa auction house in Akron.

The phone records also show that there were eight inbound calls to Doll's phone between 5:16 p.m. and 11:04 p.m. Some of them within seconds of each other. Several of the calls were from the same number.

Ebel could not say who the inbound calls were coming from and no witness testified this morning on that fact.

A theory of the case put forward by Doll's attorney, Paul Cambria, in his opening statement last week, was that Scott Doll went to Benaquist's house after he and Josh Doll failed to show up at the auction house as planned. Doll, according to Cambria, found Benaquist barely alive. His final words, Cambria said, were "The boy. The boy." 

Cambria said then that Scott Doll began to wonder if Benaquist meant his son, Josh Doll.

Insurance record testimony was given by Ed Sager, a State Farm underwriter. He testified that Benaquist had a personal auto policy with State Farm. 

Benaquist did not have a "garage owner's" policy, which would have allowed Benaquist to use dealer plates on any car and have those cars covered while in operation.

The personal policy first covered a 2006 Chevy Malibu from Aug. 17, 2006 to Sept. 10, 2008. Starting on Sept. 10, 2008, Benaquist had an insurance policy on a 2008 Pontiac G6.

At the time of Benaquist's death, there was coverage in place in his name, on the G6, a Chevy Corvette and a Nissan Altima.

Sager did not know if Benaquist had any other vehicles insured with another company, or if he might have a "garage owner's" policy through another company, he said in response to questions from Dan Killelea, also representing Doll.

There were six vehicles parked on Benaquist's property at the time of his death, according to previous testimony.

Klaus was on the stand when Judge Robert Noonan called for a lunch recess.

During his morning testimony, Klaus said that in February 2009, Scott Doll's auto dealer company, SF Enterprises, had two authorized agents with Adesa access cards -- one for Scott Doll and one for Brandon Doll.

In previous testimoney we learned Brandon's Card was in Benaquist's wallet at the time of this death.

Klaus testified that, while it's ideal that only the person issued the card ever uses it, it is possible for an unauthorized person to use another auto agent's card to gain access to the auction.

When authorized agents enter the auction area, they first swipe their cards into a computer system.

Computer records are kept of when people arrive at the auction. If the dealer buys a car that day, a computer-stored digital signature of the buyer appears on the sales receipt.

On the receipt for the 2006 Malibu, the digital signature of Brandon Doll appears on the receipt. The Malibu was purchased Aug. 15, 2006 for $12,500 with a $250 buyer's fee. The odometer read 15,981 miles at the time of purchase.

On the G6, the car was bought at auction on Sept. 9, 2008. The digital signature belongs to Scott Doll. The purchase price was $13,300 with a buyer's fee of $245. The odometer reading was 20,483 miles.

Klaus also testified that in January 2009 and on Feb. 12, 2009, auction access to Adesa was denied to SF Enterprises because of bounced checks. In both cases, the checks were made good the next day.

According to Klaus, auctions open to all dealers are only held on Tuesdays. Once a month, on a Monday, there is an auction open only to Ford dealers.

In February 2009, only Scott and Brandon Doll had access cards for the auction. But Klaus testified that upon reviewing the printouts of his company's computer records, he found many other people also had access cards from SF Enterprises. Klaus said the list is three pages long.

An angry and belligerent Reginald M. Wilson appeared before Robert C. Noonan this morning for sentencing on his burglary, 2nd conviction.

Wilson remained adamant that he did not break into the home of an 86-year-old woman on State Street in September.

"Look at my past modus operandi, Your Honor," Wilson said. "In the past it's just been robbery. In past time, yeah, I would have robbed somebody, but sneaking in to some old lady's house, that’s beneath me. That’s a savage thing and I would never do that."

Noonan said he didn't buy the logic that a man convicted of multiple robberies wouldn't also break into a house.

He imposed the maximum sentence available, which is 15 years on the burglary, 2nd, conviction and three-and-a-half  to seven years, served concurrently, on the criminal possession of stolen property conviction.

Wilson may have avoided a life sentence because New York's persistent felony offender law was recently declared unconstitutional for the purpose of imposing life sentences.

At the beginning of the hearing, Noonan explained that because of the ruling he would not consider a life sentence.

When Wilson entered the courtroom, escorted by two deputies, shackled and wearing jail orange and shower sandals with white socks, Wilson looked out at the gallery and said, "f---king clowns."

When it came time for Wilson to review his prior felony record, Judge Noonan asked him to look at it and Wilson refused.

When Noonan pressed Wilson to look at it, Wilson said, "I know it by heart."

The document listed felony convictions in Erie and Genesee counties going back to 1993, including two attempted robbery convictions and a rape, 3rd, conviction.

When asked if he disputed any of the convictions, Wilson said only the 1999 rape, 3rd, conviction, which he said if it happened today would be reduced to a sexual misconduct charge. He also complained that he had inadequate counsel at the time.

Noonan then read Wilson's prison record, which features stints of two or three years of prison followed by a year or two of freedom.

District Attorney Lawrence Friedman noted that Wilson has a 27-page criminal history, with 14 felony convictions and 30 arrests.

Based on the record, Noonan said, he felt compelled to impose the maximum possible sentence.

You’re are a career criminal," Noonan said. "You don't have to be on the street very long before you commit another crime."

Wilson said he plans to appeal his conviction. He complained that his attorney, Fares Rumi, failed to call key witnesses, in particular Joseph Dash.

Dash, who previously pled guilty for his part in the State Street burglary, would have offered testimony that would have exonerated him, Wilson said.

Displaying sharp, jailhouse-lawyer knowledge of legal proceedings, Wilson mentioned evidentiary statutes and case law as he rattled off reasons his conviction should be vacated.

"There are other witnesses willing to testify on my behalf, Wilson said. "If this goes to the appellate division, I'm confident it will be overturned."

It will be up to an appeals court, Noonan said, to decide those matters, but he had to proceed with sentencing.

When it came time for Wilson to sign an order of protection, ordering him to stay away from the burglary victim, Wilson at first acknowledged that he would have no reason to contact the elderly woman, but then he refused to sign the document.

At that point, Noonan reminded Wilson that when his case is heard on appeal, the justices will review the transcript of the sentencing and his actions would help tell them what kind of person he is.

"You already said what kind of person I am," Wilson shot back.

Defense attorney Rumi then asked to be relieved as Wilson's attorney for purposes of a June 24 restitution hearing. He said Wilson has been uncooperative since his jury trial conviction on March 31.

Wilson said he has been uncooperative because Rumi won't turn over court documents Wilson requested.

Rumi also said he hasn't been paid by Wilson.

Noonan said they could work that out themselves, but that he wasn't relieving Rumi until and unless Rumi files a written motion.

For previous coverage of Reginald Wilson, click here.

Redevelopment plans first published in 2005 for the area of Wiard Plow factory buildings show the section of buildings destroyed by fire being torn down.

However, when The Batavian spoke with Tom Mancuso of the Mancuso Business Development Group, Mancuso said the fire was a significant set back for redevelopment and the buildings destroyed were a key part of the project.

A reader pointed out this seeming contradiction, which we missed at first, so we got a message to Tom Mancuso -- who is traveling -- and Mancuso replied via e-mail:

Our current redevelopment plans for Swan had contemplated demolishing the street front buildings in order to create parking for the mixed use commercial/residential renovation of the 3 story building sections which have now been destroyed.

In view of this loss, we now need to evaluate the condition of the remaining structures, determine what will survive and decide what a feasible redevelopment of those sections might look like (and cost).

In a comment on our previous post, Tim Hens says:

The plan linked from the City Web Site is a "conceptual" plan from 2005. Things have changed in the redevelopment. I have been involved in the process and the Wiard Bldg was not one scheduled to be demolished.