Bethany

Speed may have been a factor in an accident at 2:08 p.m. Thursday, on Fargo Road, Bethany, according to an accident report released by the Sheriff's Office.

Ronald J. Maniace Jr., 24, the driver, suffered minor injuries and was transported to UMMC for evaluation.

No citations have been issued. The cause of the accident is still under investigation.

According to the report, Maniace was driving a 2007 Chevy sedan southbound on Fargo Road. He was unable to negotiate a curve in the roadway, perhaps due to speed, and the sedan went off the west shoulder. Maniace apparently overcorrected and steered into the northbound lane. As he attempted to move back into the southbound lane he lost control of the vehicle and he went off the south shoulder and struck a tree.

The accident report was prepared by Sgt. Andrew Hale.

A car vs. tree accident is reported in the area of 9509 Fargo Road, Bethany.

Unknown injuries.

Bethany fire and Stafford and Mercy EMS dispatched.

UPDATE 4:15 p.m.: Units can respond non-emergency.

UPDATE 4:58 p.m.: The Fargo Road assignment is back in service. One person transported to UMMC.

Photos by Timothy Chugg.

Jeffery David Torrey, 46, of McKenzie Street, Bergen, is charged with endangering the welfare of a child. Torrey is accused of attempting to use a hole punch to pierce the ear of a child at a residence on Ross Street, Batavia, at 7:30 p.m. July 5.

Kelvin B. Murphy, 45, of Batavia, is charged with DWI. Murphy was stopped at 2:18 a.m. Sunday on Route 98 in Batavia by State Police. He allegedly failed a field sobriety test and recorded a .10 BAC.

Temple Aubrielle Jacobs, 38, of Michigan Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, driving without an inspection certificate, failure to keep right, and unsafe tires. Jacobs was stopped at 5:40 a.m. Sunday on Route 20, Bethany, by Deputy Eric Andre.

Shawn Joseph Scheg, 50, of Warboys Road, Byron, is charged with driving while ability impaired, aggravated unlicensed operation, failure to signal, misuse of dealer plate, no interlock device. Scheg was stopped at 1:55 a.m. Wednesday on Route 33, Stafford, by Deputy James Stack.

Kevin Watson, 58, of West Main Street, Batavia, was arrested on a warrant for petit larceny. Watson was turned over to Batavia PD after being released by the Monroe County Jail on an unrelated charged. He was jailed on $1,000 bail.

Dina Mercado, 37, of Old Falls Boulevard, North Tonawanda, was arrested on a warrant for alleged failure to appear on traffic tickets from January 2017. She was jailed on $500 bail.

Jason R. Duffina, 41, of Porter Avenue, Batavia, is charged with petit larceny. Duffina is accused of shoplifting at Tops Friendly Market.

Kevin Wayne Howard, 18, of Bank Street, Batavia, is charged with DWAI, unsafe tires, unlicensed operator, and failure to obey traffic control device. Howard was stopped at 8:20 a.m. Thursday on Main Street, Batavia, by Sgt. Daniel Coffey.

John Joseph Caez-Gonzalez, 31, no permanent address, is charged with criminal contempt, 1st, aggravated family offense, and criminal possession of a controlled substance, 7th. Caez-Gonzalez is accused of violating a stay away order. At the time of his arrest, he was allegedly found in possession of heroin. He was jailed without bail.

Anthony K. Wolcott, 32, of Willow Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic charge.

James Haynes, 31, of Taylor Terrace, Chester, Pa., was arrested on two warrants after being extradited from Pennsylvania. The underlying charges of the warrants were not released. He was ordered held without bail.

Cynthia D. Gause, 47, of Eaton Street, Buffalo, is charged with DWI. Grause was arrested at a location on Bank Street after police received a complaint about an employee arriving at work intoxicated.

Joseph D. Berry, 32, of Bank Street, Batavia, is charged with assault, 3rd.  Berry is accused of assaulting an employee of a business on West Main Street, Batavia, at 4:04 p.m. Sunday.

An accident with at least one minor neck injury is reported at 10033 East Road, by Holland Hi-Lift, in Bethany.

Bethany fire, Stafford fire, and Mercy EMS dispatched.

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.

The Genesee County Sheriff's Office reports that at 2:45 p.m. a black bear was spotted in the area of Putnam Road and Francis Road, Bethany.

Last week a bear was reported around the Village of Attica.

UPDATE 4:52 p.m.: Photo of the bear provided by the Sheriff's Office.

Joshua David Sumeriski, 33, of Buffalo Street, Alexander, is charged with driving while ability impaired by drugs, uninspected motor vehicle, driver's view obstructed, and disorderly conduct. Sumeriski was charged after Deputy Mathew Clor responded at 3:21 a.m. Thursday to Transit Road, Bethany, to investigate a complaint of a man lying in the roadway.

Carrie A. Poray, 40, of Oatka Trail, Le Roy, was arrested on a warrant for alleged failure to appear. Poray was located by the Monroe County Sheriff's Office and taken into custody for failure to appear on two traffic tickets in City Court. Poray was ordered to pay a fine before her next court appearance and released.

Jordan S. Thomas, 19, of East Avenue, Batavia, was arrested on a warrant. Thomas is accused of failing to comply with conditions of supervised release. Thomas was arraigned and jailed.

Joseph D. Berry, 32, of Bank Street, Batavia, is charged with menacing, 2nd, and harassment, 2nd. Berry allegedly held a large rock and threatened to inflict bodily harm to a store clerk at 7-Eleven in Batavia at 8:15 p.m. on June 6. He was jailed on $2,500 bail.

Maya Samanta Wright, 23, of East Ridge Road, Rochester, is charged with harassment, 2nd. Wright allegedly struck a patron of a business on Park Road, Batavia.

Chelsea Lorraine McEwen, 19, of Fleetwood Drive, Brockport, is charged with harassment, 2nd. McEwen is accused of punching another person in the face during an argument reported at 8:53 p.m. Sunday at a location on Bloomingdale Road, Tonawanda Indian Reservation.

Laura Jean Santiago, 55, of Hundredmark Road, Elba, is charged with DWI and driving with a BAC of .08 or greater. Santiago was stopped at 8:56 p.m. Friday on Main Street Road, Batavia, by Deputy Mathew Clor.

William George Horner, 67, of Bank Street Road, Batavia, is charged with criminal obstruction of breathing and harassment, 2nd. Horner is accused of grabbing another person by the throat and applying pressure and pushing that person during an incident reported at 10 p.m. Friday on Bank Street Road, Batavia.

Todd A. Rich, 47, of Webster, and Justin T. Rich, 24, of Webster, are charged with unlawful possession of marijuana. The two men were stopped by State Police at 1:15 a.m. this morning on Route 19 in Le Roy.

Genesee County Park hosted its inaugural Park Paws dog walk event today and only three canines participated, though several more dog owners signed up who didn't show up.

While in the park, we also came across a group of riders on horseback (photos below).

Press release:

Town of Bethany Republican Committee seeks Highway Superintendent candidates for consideration of endorsement on the Election Ballot this Fall.

The committee will hold its Endorsement Meeting at 7 p.m. on Tuesday, June 5, at Bethany Town Hall, located at 10510 Bethany Center Road, East Bethany.

Interested candidates please contact Thomas J. Douglas, chairman, via email: tdgoldenrod@yahoo.com or call 585-356-0824 on or before Tuesday, June 5th.

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.

Sam is missing. He is missing from the area of Route 20 and East Road in Bethany.

His family asks, "please return him, no questions asked."

If you see him, call (585) 356-0820 (Debbie) or (585) 356-0824 (Tom).

A two-motorcycle accident is reported at 1005 East Road, in the area of Kistner Concrete, Bethany.

Minor injuries reported but one rider was on the ground when a first responder arrived on scene.

Bethany fire and Stafford fire along with Mercy EMS dispatched.

A chief on scene says Mercy EMS can back it down to non-emergency.

Brooke L. Brumber, 18, of Washington Avenue, Batavia, is charged with criminal trespass, 2nd. Brumber was arrested on a warrant. She allegedly entered a residence on Washington Avenue at 8:01 p.m. May 3 without permission after being told she was no longer welcome there.

Matthew James Cratsley, 42, of Buell Street, Batavia, is charged with failure to report a change of address and failure to complete verification form. Cratsley allegedly moved and failed to notify the NYS Sex Offender Registry. He is also accused of failing to complete the annual registration form. 

Jonathan Peter Smith, 40, of Little Canada Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and failure to signal. Smith was stopped at 1:28 a.m. May 13 on Main Street, Batavia, by Sgt. Thomas Sanfratello.

Sammy Lee Domthongmivanh Jr., 29, of Halstead Road, Alexander, is charged with: DWI; driving with a BAC of .18 or greater; failure to keep right; moving from lane unsafely; failure to attach registration sticker to vehicle. Domthongmivanh was stopped at 11:49 p.m. Saturday on Main Road, Pembroke, following a complaint of traffic offenses, by Deputy Eric Meyer.

Riecha B. Morris, 34, of Hawks Nest Circle, Greece, is charged with operating a motor vehicle while impaired by drugs. Morris was stopped at 9:33 a.m. Friday on West Main Street, Batavia, by Officer Kevin DeFelice following a complaint of erratic operation.

David L. Castaneda Trejo, 19, of Byron, is charged with criminal trespass, 2nd, and making a false written statement. Castaneda was arrested on an incident reported at 11:22 a.m. Sunday in the Town of Byron by State Police. No further details released.

Matthew J. Lamkin, 36, of Batavia, is charged with criminal mischief, 4th. Lamkin was arrested in connection with an incident reported at 11 p.m. Sunday in the Town of Batavia by State Police. No further details released.

Alexandria C. Pisarek, 25, of Corfu, is charged with acting in a manner injurious to a child. Pisarek was arrested in connection with an incident reported at 11:50 a.m. May 9 in the Town of Bergen by State Police. No further details released.

A reader submitted these photos of a tractor-trailer fire on Route 20 in Bethany that was reported about 20 minutes ago.

Bethany fire and Alexander fire on scene.

Law enforcement is requested to the scene.

The driver got out safely according to the reader.

UPDATE 10:25 p.m.:  Photos by Glenn Adams, Bethany Fire Department. 

Gary David Burney, 37, of North Spruce Street, Batavia, is charged with robbery, 2nd, two counts of grand larceny, 4th, criminal contempt, 1st, criminal contempt, 2nd. Burney was allegedly located in the apartment of a person he is barred from contacting in any manner. He was arrested on a warrant stemming from a prior incident where he stole the keys, purse and vehicle of the person he was ordered not to contact. Burney was jailed without bail.

Jacob Jonathan Szumigala, 24, of Orchard Park Road, Oakfield, is charged with: DWI; vehicular assault, 2nd; aggravated unlicensed operation, 1st; speed not reasonable and prudent; consumption of alcohol in a motor vehicle; violation of driving restrictions; driver's view obstructed; deposited refuse on a highway; and unsafe passing on left. Szumigala was charged following a three-vehicle, serious-injury accident on Main Street, Corfu, at 5:01 p.m. Thursday. (Previous report.)

Morgan L. Cox Sr., 50, of Dellinger Avenue, Batavia, is charged with criminal contempt, 1st, and aggravated family offense. Cox is accused of violating an order of protection.

Luis A. Ramos-Mecardo, 33, of South Main Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Ramos-Mecardo was stopped for an alleged traffic violation at 3:45 p.m. April 13 on Main Street, by Officer Christopher Lindsay.

Frankie McQueen, 27, of Broadway Road, Alden, was arrested on a warrant for alleged failure to appear in City Court and failure to adhere to terms of a prior sentence. 

Terry O'Neal Brock, 18, of Wellington Avenue, Rochester, is charged with aggravated unlicensed operation, unlawful possession of marijuana, and speeding. Brock was stopped at 12:38 a.m. Sunday on Route 33, Batavia, by Deputy Jeremy McClellan.

Jorden Elizabeth Prescott, 23, of Ellicott Street Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Prescott was stopped at 1:13 a.m. Saturday on Route 33, Bergen, by Deputy Howard Wilson.

Alexis R. Chavez, 19, of Pearl Street, Medina, is charged with DWI, aggravated unlicensed operation, 3rd, unlawful possession of marijuana, and criminal use of drug paraphernalia. Chavez was stopped at 8:40 p.m. Friday on East Main Street, Batavia, by Deputy Matthew Bailey.

Shequan M. Williams, 26, of Rochester, is charged with unlawful possession of marijuana. Williams was stopped by State Police at 10:34 a.m. Sunday in the Village of Alexander.

A pilot has called in an apparent brush fire in Bethany, near Ellicott Street Road and Paul Road, perhaps halfway to Bethany Center Road.

Law enforcement and Bethany fire chiefs are trying to confirm the location.

One small controlled burn was found in the area but the area is being checked further.

The plane was in contact with a Rochester tower in Monroe County, which relayed the information to Genesee County dispatch.

UPDATE 6:07 p.m.: A small controlled burn located at Route 63 and Clapsaddle. Still investigating.

UPDATE 6:20 p.m.: Residents burning sticks in their backyard were told to put the fire out, which they did. The Bethany assignment is back in service.

This afternoon on Old Telephone Road in Bethany, Wesley and Joan Spring were doing something they do just about every spring -- putting out American flags.

"We’re just putting out flags because we believe in America," Wesley said.

They were eager to get it done this year because of the extra traffic on Old Telphone Road with Route 20 being closed for reconstruction of the Bethany Center Road Bridge, and they wanted to get it done while the weather is good before there is more snow.

"We believe in our country," Wesley said.

"Right now, it’s in so much turmoil but we still believe in it," Joan added.

After years of crumbling, the Bethany Center Road Bridge over Route 20 has finally come tumbling down.

Demolition crews brought the 86-year-old concrete span down today as part of a $1.4 million DOT project to replace the long-dilapidated bridge.

Previously: 

• DOT announces $1.4 million in funding for Bethany Center Road Bridge
• Photos: The decaying state of the Bethany Center Road bridge

A car has reportedly hit a tree and flipped over at Ellicott Street Road and Transit Road, Bethany.

One minor injury is reported.

Bethany fire and Mercy EMS responding.

UPDATE 8:26 a.m.: Icy road conditions reported.

A car has reportedly hit a pole in the area of 4196 Broadway Road, Bethany.

The call originally came in as unknown injuries. A second caller on scene reports no injuries.

Bethany fire and Mercy EMS dispatched.

UPDATE 12:19 a.m.: The second caller is apparently the driver. He reports extremely icy conditions. Responding units are advised.