batavia

Genesee county crews were hard at work on Pratt road this morning removing trees and branches that were a potential hazard to drivers.

BATAVIA, NY -- The prosecution rested its case -- meaning District Attorney Lawrence Friedman has presented all of his evidence -- on Thursday, and Monday morning opened with defense attorney Paul Cambria calling his first witnesses on behalf of Scott F. Doll.

Doll is accused of killing Joseph Benaquist on Feb. 16, 2009, in Pembroke.

During last week's testimony, Friedman presented evidence that showed the blood of Benaquist was found spattered on Doll's coveralls and the Ford Windstar he was reportedly driving that night.

The defense does not dispute that it was Benaquist's blood at the crime scene and on Doll, but Cambria does dispute how the blood got there.

In his opening remarks, Cambria said Doll arrived at the murder scene after Benaquist was attacked and heard his dying words, "The boy. The boy." Those final words haunted Doll, Cambria said, who wondered if his son Josh might have beaten Benaquist to death.

In his opening remarks, Friedman said he would ask the jurors to "connect the dots." 

Those dots include a flat tire on a Pontiac G6 that Friedman says was at the heart of a dispute between Benaquist and Doll, and a broke jack next to a Nissan Altima that had a blood smear on the undercarriage.

In cross examination of a blood-pattern expert last week, Cambria suggested that maybe that blood got there as Benaquist fought for his life, not as a stain transfer from a bloody glove of Scott Doll.

Doll was found that night walking on North Lake Road toward the murder scene carrying a jack, a lug wrench and a screwdriver.

Included in the prosecution's case were records of phone calls made to and from Doll's mobile phone, including one to the Adesa auto auction and five incoming calls from Josh Doll. 

Cambria said it will take "a couple of days" to present his case.

Daniel C. Healy, 19, of Le Roy, is charged with criminal mischief, 4th, and possession of stolen property. Le Roy Police originally responded to a disturbance call on North Street. Upon arrival, they found that Healy allegedly damaged a door inside the residence. While investigating that incident, Patrolman Robert Tygart found Healy allegedly in possession of several parking signs removed from various locations in Le Roy and Avon.

Cheryl Ann Szdlowski, 50, of Main St, Strykersville, is charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana. Szdlowski was reportedly a passenger in a car that was stopped for an alleged traffic violation on Route 77 in Darien. During a search following her arrest for alleged possession of marijuana, she was allegedly found in possession of two different kinds of controlled substances.

Brandon Cody McCoy, 19, of Angling Road, Corfu, is charged with unlawful possession of marijuana, possession/consumption of alcohol in a vehicle. McCoy was stopped for an alleged traffic violation at 2:15 a.m., Saturday, on Angling Road, Corfu, by Deputy Patrick Reeves.

Eric Lynn Skeet, 21, of Cohocton Road, Corfu, is charged with criminal possession of a controlled substance, unlawful possession of marijuana, and possession of a controlled substance not in its original container. Skeet was stopped by Deputy Patrick Reeves for an alleged traffic violation shortly after midnight, Saturday, on Cohocton Road. Upon a search after Skeet was found allegedly in possession of marijuana, Skeet was allegedly found in possession of hydrocodone hidden in his footwear.

Craig Alan Tiberio-Shepherd, 20, of Lathrup Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, unlawful possession of marijuana, and speeding (80 mph in a 55 mph zone). Tiberio-Shepherd was stopped at 1:15 a.m., Saturday, by Deputy Frank Bordornaro on Route 5 in Le Roy, for allegedly speeding. A passenger in the car, Jourdain J. Holly, 20, of Le Roy, was also charged with an open container violation.

William Karl Vaughn, 26, of West Bergen Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, improper right turn, driving left of pavement markings, uninspected motor vehicle. Vaughn was stopped at 2:11 a.m., Sunday, by Deputy John Weis on Route 19, Le Roy.

Recent Genesee County Grand Jury indictments:

Christopher J. Elmore, indicted on a charge of criminal possession of a forged instrument. Elmore is accused of trying to pass a counterfeit $10 bill on Sept. 22, 2009. (Previous report on Christopher J. Elmore).

Paul D. Berggren, indicted on a charge of rape, 3rd. Berggren is accused of being older than 21 and engaging in sexual intercourse with a 14-year-old female on or about Aug. 30, 2009.

Kyle D. Faron, indicted on a charge of DWI and driving with a BAC of .08 or greater. Faron is accused of driving drunk on Akron Road in the Town of Pembroke on Jan. 23, 2010.

Wesley A. Ground, indicted on a charge of DWI and driving with a BAC of .08 or greater. Ground is accused of driving drunk on Akron Road, Pembroke on Feb. 4, 2010.

Adam D. Pattridge, indicted on a charge of DWI driving with a BAC of .08 or greater. Pattridge is accused of driving drunk on Route 19 in the Town of Le Roy on March 24, 2010.

I happened to be out to Lei-Ti Campground (on Francis Road, Batavia) this morning and while there strolled over to the miniature golf course and snapped these two pictures.

Are you ready for some baseball?

The Dwyer Stadium Box Office opens at 10 a.m. on Saturday, May 22 for the 2010 season.

This is also the day when the Muckdogs will host their summer Job Fair, from 9 to 11:30 a.m. Positions available include picnic supervisor, cashiers, cooks, bartenders, batboys, and ushers. All applicants must be at least 16 years of age.

Additionally on Saturday, the Muckdogs will conduct the 3rd annual National Anthem contest. This event will begin promptly at noon. Auditions will take place at home plate and will be preformed a cappella.

The winner will sing the National Anthem and God Bless America at the July 3rd game between the Muckdogs and Auburn Doubledays. Runners up will be eligible to sing at remaining home games during the 2010 season. 

The Muckdogs open their 2010 home schedule on at 7:05 p.m. on Saturday, June 19 vs. the Auburn Doubledays.

Beginning May 22, the Dwyer Stadium Box Office's regular season hours are 9 a.m. to 5 p.m., Monday through Friday, and 10 a.m. to 2 p.m., Saturday.

On Wednesday, Assemblyman Steve Hawley voted against legislation introduced by the Assembly Majority that he claims further imposes on the 2nd Amendment Rights of lawful gun owners and places costly mandates on firearm manufacturers.
 
“The legislation introduced...is an absolute violation of the 2nd Amendment Rights of New Yorkers," Hawley said in a news release. "Although the intention of the legislation is to prevent violent gun crimes across the state, the fact is that most gun-related violence is committed by criminals who obtained their firearms illegally.
 
“Unfortunately, the Assembly Majority has disregarded this fact, as these new restrictions will not only end up hurting the sportsmen who value the tradition of hunting, but also the small businesses and manufacturers that they support.

"Instead of continuing to place more restrictions on law-abiding citizens and businesses, the Majority should be working on legislation that will help pursue the criminals who obtain their firearms illegally.”
 
Assemblyman Hawley opposed bill A.6468-C, which requires that manufacturers micro-stamp ammunition, and bill A.10894, which requires firearm owners to re-license their pistols every five years. Both bills passed. They were introduced as part of what Hawley calls the "Assembly Majority’s annual Anti-Gun Package."

“Protecting New Yorkers from violent gun crimes should not be done in a way that hurts law-abiding citizens. I...will continue to vote against future legislation that violates our constitutional rights."

State Police have four people on the ground and in handcuffs on the Thruway just east of the Route 33 overpass.

A witness said he saw multiple law enforcement vehicles heading to the scene at an exceptionally high rate of speed. He also said the State Police helicopter was flying low over the Thruway toward the scene.

When we arrived, there were 11 law enforcement vehicles on scene, with six of them being unmarked. A flatbed truck was hooking up a black sedan that had its trunk open.  

Eastbound traffic in the area slowed quite a bit, though was not significantly backing up.

UPDATE (Billie Owens): I heard the scanner when this call came in. The dispatcher said a black sedan (I forget the make/model) with four asian males was eastbound on the thruway after allegedly driving away from a home-invasion robbery in the Town of Amherst. Either a victim or witness followed the vehicle and alerted law enforcement.

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."