Bethany

A rollover accident has been reported on East Road in Bethany, just north of Jericho Road.

In a rare turn of events, a man charged with multiple felonies is being released from jail today because the District Attorney's office did not bring his case to the Grand Jury in a timely manner.

Michael L. Jackson, Jr. still faces two counts of grand larceny, a count of burglary and a count of criminal mischief stemming from an alleged break-in at Holland High Lift building in Bethany on April 11, but Judge Robert Noonan released him this afternoon from Genesee County Jail, where he was held on $25,000 bail.

The D.A.'s office had 45 days to seek an indictment from the Grand Jury, but as Asst. D.A. Will Zickl explained to Noonan, the D.A.'s office has been waiting for DNA-match results from a Monroe County criminal lab.

Zickl argued that the DNA evidence could potentially make for a stronger case to bring to the grand jury, but it also could be exculpatory and be "to the defendant's benefit."  There have been requests sent to the lab to quickly finish the tests, but to date, no results have been received.

(Presumably, there was DNA evidence collected at the scene of the alleged crime. Zickl said Jackson submitted to a mouth swab at the time of his arrest.)

There were also ongoing negotiations for a plea bargain, Zickl said, which kept open the possibility of a plea without the necessity of a Grand Jury indictment.

Defense Attorney Gary Horton said he was aware of only one plea bargain offer from the D.A.'s office, and that offer was immediately rejected by Jackson.

Horton contended that there was nothing preventing the D.A.'s office from presenting the case to the Grand Jury at any time.

"There was probable cause for an arrest," Horton said. "If that probable cause appears sufficient for an arrest, then presumably it rises to the same level of proof for a Grand Jury."

Zickl also argued that Jackson is a significant flight risk. He allegedly left the state immediately after the alleged crime was committed, but Horton countered that Jackson didn't know he was a suspect in the case at the time and that he returned to New York voluntarily.

Noonan said the issue before him wasn't about DNA, it was whether the people could have presented the case, and he saw no reason the people couldn't have proceeded.

Jackson indicated that upon release he had a place to stay in Oakfield.

Jackson is accused of damaging parts worth $1,500 and stealing items worth at least $8,000 and a pickup truck valued at $19,000.

Catherine Dawn Yarington, 42, of 10051 Bethany Center Road, Bethany, is charged with harassment. Yarington allegedly struck her daughter's boyfriend in the face.

Charles Bryan Harrington, 19, of 7762 Clinton Street Road, Bergen, is charged with petty larceny. Harrington allegedly stole $500 while employed at the Bergen Wilson Farms store.

Franis A. Meldrum, Jr., 32, of 1711 Indian Falls Road, Corfu, is charged with DWI. Meldrum was stopped by Village of Corfu police for allegedly driving left of the pavement marking in a no-passing zone. He was also charged with unlicensed operation of a motor vehicle.

Some think the old county building on East Bethany Road is a dilapidated relic that invites mischief making. Certainly, it's got a sterling reputation for creepiness, which is exactly why a California couple sees gold.

Sharon and Jerry Coyle of Huntington Beach met with local officials two weeks ago to discuss buying the now-closed Rolling Hills Paranormal Research Center and turning it into a place that could attract tourists worldwide.

Bethany's town council talked about the broad outline of the ideas at Monday night's meeting.

"It's where ghosts go to square dance," said Clerk Debbie Douglas.

"It's paranormal all right," said Justice Tom McBride.

The 19th Century building was once Genesee County Poor Farm and an insane asylum. Its dank catacomb-like recesses have welcomed cable TV film crews scouting for ghosts. Purportedly some firefighters get creeped out by the place.

Lynn Freeman, president of the county Chamber of Commerce, said he knows folks who won't even drive by it.

But Freeman says the Coyle's plans are clever, elaborate and multifacted. He was briefed on them by the Coyles when they met here with the Bethany Town Supervisor and Economic Development Council members.

"Any new business that enhances Genesee County is good," Freeman said.

The Coyles' wish list includes:

• Renovating the building and bringing everything up to code;
• Getting it listed with the Governor's Office of Film and Television so it can be widely available for media exporsure;
• Lobbying for its placement on the National Registry of Historic Buildings;
• Opening the old poor house section as a museum;
• Working with historians, archeologists, college students and others to research the property, including doing high-tech ground probes in search of paupers' graves;
• Cross-promoting the supercenter with other local businesses such as Darien Lake Theme Park and Resort, Batavia Downs Casino and Racetrack and parks and forest authorities;
• Building audio and video bays to enable the study of paranormal activities;
• Having a 24/7 Web cam set up in some areas to capture paranormal activity for study and research;
• Offering tourism activities such as a wine-and-cheese festival, kite festival, harvest festival with "haunted hayrides," movie showings, picnics, concerts, art shows, seminars and tours for youth groups;
• Creating an English garden for weddings and the like and planting lavender, sage and rosemary to harvest for essential oils and other products;
• Having a hostel for men and one for women who are traveling the region, like on a trip to Niagara Falls;
• Offering tours and learning opportunities for youth groups;
• Selling a variety of things like food and beverages, coffee mugs, T-shirts, flashlights and audio/visual equipment.

The complicated project would be expensive, but no one has talked dollars and cents yet. The supercenter would be the Coyle's primary source of income. The couple is researching grants, low-interest financing, tax incentives, Empire zone benefits, etc.

"It has the potential to increase tourism to the area, thus generating revenue for regional and statewide businesses and additional tax revenues," writes Sharon Coyle in a letter distributed to key people.

But to make any of it reality would take local, county and state support.

"It's better than letting it deteriorate and have kids breaking into it," said Bethany Town Clerk Douglas.

Previously:

• Video: Rolling Hills (The Tour)
• Video: Halloween Countdown (Part Two): Rolling Hills Paranormal Research Center

Tom Bruggman stands next to the Arctic Cat 4x4 being raffled off by the Bethany Volunteer Fire Department. Bruggman set up today at the Genesee County Airport, near the Rotary Fly-In Breakfast.  For more information about the raffle, visit the Bethany VFD Web site.

Michael L. Jackson, Jr. 28, of 1 Seneca Ave., Batavia (pictured), is being held in Genesee County Jail on $25,000 on felony grand larceny and burglary charges. Jackson is accused of breaking into the Holland High Lift building in Bethany on April 11 and damaging parts worth $1,500 and stealing items worth at least $8,000 and a pick up truck valued at $19,000. The charges filed against him are criminal mischief in the second degree, grand larceny in the third degree, burglary in the third degree and grand larceny in the fourth degree.

Jeffrey Vanslyke, 27, of 20 Mechanic St., Elba, is charged with a felony DWI count and driving with a BAC of .08 or more as well as unlawful possession of marijuana. Vanslyke reported failed to dim his headlines on Chapel Street in the Village of Elba. When a patrol attempted to stop Vanslyke's car, Vansylke reportedly kept driving on Route 98, leading patrol units on a low speed chase that ended on Graham Road in Elba. He was also charged with failure to yield to emergency vehicles.

Stephen Mullen, 19, of 71 S. Main St., Oakfield, is charged with obstructing governmental administration and resisting arrest. The details of the incident leading to his arrest were not released by the Sheriff's Office.

The beavers in the neighborhood of Creek Road in Bethany have been busy this spring. They built a nice new dam and it's working out well for them.

Unfortunately for Dave and Jill Porter, as well as some other residents in the area, the beaver's dam construction has left them with a little more water, with the potential for more serious problems, than they would like.

This year, seeking deeper water with a narrower span, the beavers moved their construction from one side of Creek Road to the other.

The Porters brought their concerns to the Town of Bethany board this evening, but there is little the town can do to help.

Supervisor Louis J. Gayton suggested the Porters contact Kevin Lawson of the DEC or Tim Hens of the county highway department for help.

The beavers are protected by the state, and their dam is on property owned by an attorney from Grand Island who uses the nearby swamp as a private duck hunting preserve for himself and his friends.

The swamp owner is apparently unsympathetic to the Porters concerns.  He tried once before to get permission to build a small dam in the area now blocked by the beavers, but area residents complained about to the DEC out of concern it would increase flooding on their properties.  The DEC listened and the dam was block, but now mother nature is giving the duck-hunting attorney exactly what he wanted in the first place, only more.

The attorney sought a foot-and-a-half dam.  The beavers have built a three-foot high damn.

The Porters back yard normally has a nice little spring-time pond that attracts geese, but this year, the pond is bigger than normal -- with rain storms less than normal -- and it isn't draining as it normally would, giving the Porters a nice green pasture for a backyard.

"We just want a solution that would make us happy, make the beavers happy and make the duck hunters happy," Dave Porter told the board.

Dave Porter may e-mail me some related pictures later and I'll add those to this post when I get them.

Property tax collections are down 26 percent in the Town of Bethany, Supervisor Louis J. Gayton told the Bethany Town Board this evening.

"When we made the budget at the beginning of the year, we kind of expected this," Gayton said. "We added some padding, so we're not in very much trouble."

Gayton is concerned that if the recession continues and there is a slump in sales tax, the problem could get worse.

He said a typical sales tax check is for $400,000, but if it drops to $300,000, it could undo the town's balanced budget.

Meanwhile, the town needs to buy another truck/snow plow, which would run $200,000 over two years, and the equipment should be purchased before new emission standards kick in, said Councilman Edward Pietrzykowski, and costs go up significantly.

In other Bethany news:

The town is going to advertise for a job for a new bailiff.

Also, the town is moving toward buying a compactor for recycled goods at a cost of $8,000. Pietrzykowski said the compactor will save the town a significant amount of money because companies that by recycled material prefer to get cans and such in a compact deliver, and currently the town spends a good deal of money shipping loose recyclable items.

Bradley R. Jordan, 16, of Bethany, is charged with criminal possession of stolen property. Jordan is allegedly involved with the theft of a 2004 Polaris Sportsman Pro H.O. Four-Wheel ATV from a residence in Stafford. Deputy P.J. Reeves reported he found Jordan in possession of the ATV, which went missing March 11. Previously, we reported Steven Peckenpaugh, 17, of Attica, had been arrested and charged with the theft of the vehicle. Jordan is held on $10,000 bail. The value of the ATV was placed at $3,700.

Abdullah H. Shareef, 27, of Rochester, is accused of damaging a door to City Centre on May 4. He was taken into custody by Batavia PD at 8:05 p.m last night. He is being held in Genesee County Jail on $1,000 bail.

Jarred Brannan, 24, of Churchville, was taken into custody based on a bench warrant. No details are provided on the nature of the warrant. He is held in Genesee County Jail on $1,000 bail.

We have more information on an accident in Bethany we first reported yesterday afternoon.

There were apparently no serious injuries in the accident, which involved a driver following another car expecting the front car to make a right-hand turn on Bethany Center Road, when the car was actually turning left, according to State Police spokesperson Rebbecca Gibbons.

The first vehicle was driven by B.A. Pietrzykowski, 50, of Bethany. The second driver was Charles Fuller, 21, of Castile.

Fuller's car struck Pietrzykowski's vehicle and then drove off the road and hit a utility poll.

The police report hasn't been completed yet, Gibbons said, and it's unknown if any citations were issued.

There's been a two-car accident at 10537 Bethany Center Road, with one car slamming into a tree.

Initial personnel on scene report two patients.  We've also heard reports that people in the cars have been out walking around, appearing dazed.

I very much looked foward to this program to gain some new insights in to the town's early history especially as regards it's older buildings. Everything was first rate, the refreshments and the turn out were quite more than I expected.  The Presenter ( Cynthis Houk)  from the WNY Landmark Society seemed to be quite the coup for our little stashed away hamlet.  She made a point of telling us that she keeps all her images on slides because they have a proven record of lasting through many, many years.  She spent many hours driving our back roads hunting for treasures that she could present  to us. Goodie! I know this town well, but I'm always open to someone pointing out hidden architectural gems I've overlooked.

Unfortunatly, Cynthia must have taken most of her pictures at dusk or on the most overcast day of the year. Perhaps she couldn't preview them, like most digital cameras, to see if she needed to reshoot any. She did Geoff Briggs the injustice of shooting his wonderful well preserved home from 3 different angles ( at least), none of which was recognizable. Her comment to him was that his house just wasn't photogenic and what a shame. I strained my eyes to see doorways and lintels that were in dark shadow, I could go on and on, but those of you who were there know what a truly crappy slide show this woman put on. The only time she even looked at the screen was when the Landmark Society's brochure was on display, then she scurried over to adjust the focus. I thought surely the next slide would benefit from this adjustment, but no, still dark and unseeable.  Unfortunatly, she must have spent a ton on slides that will last forever and nary a one are worth it.

I feel  she treated us like yokels that she could present anything to and have us be grateful. I take pictures all over the area constantly for my painting projects, so I know good, wonderful pictures can be made. I love the town in all it's seasons.

Again I truly commend the town for presenting a great program idea with a wonderful venue but you were had, and so were those GCC Students there to film the whole thing. Terry Weber.

Bales of hay on a truck are reportedly on fair in Bethany at 6025 East Bethany Le Roy Road. Crews are responding. A second alarm has been responded.

UPDATE 4:21 p.m.: I'm on scene on Hawks Road, where the truck with burning hay was moved to after firefighters determined the only way to extinguish the fire was to dump the load in an open field. The load has been dumped and crews are now poring water and bulldozing dirt onto the burning fire. The flames are few but the smoke is profuse.  I should have some video edited and uploaded in an hour or two.

UPDATE 5:15 p.m.: The fire is reportedly contained and crews are returning to quarters; however, the fire is expected to burn for a couple of more days until it burns itself out, generating much smoke at times.

UPDATE 10:30 p.m.: At the scene today I met Scott M. Kibler, 4th assistant chief for the Stafford Fire Department, and it turns out he's a regular reader of The Batavian. He sends along the following report and pictures from the fire.

At 3:10 PM the Stafford Fire Dept was called out to assist the Bethany Fire Dept. at 6025 E.Bethany-Leroy Rd. for a tractor trailer loaded with hay that was on fire. First ariving trucks on scene deployed hand lines and attempted to put out the fire with little success. It was determined that the load needed to be dumped in order to get at the fire and put it out. A suitable dump site was located about a mile away on Hawks Rd. in a empty field. Pavilion Fire Dept. set up a draft site on Fox Place in the town of Stafford and tankers were filled from there. A front end Loader was brought in by A.D. Call & sons and when the load was dumped it was pushed around and spread out so it could be watered down. I have not heard how the fire started yet but my guess would be from the exhaust stack on the truck. Trucks from Stafford, Bethany and Pavilion Responded to this incident.

Top of the agenda for the Town of Bethany's Board meeting tonight is the status of the Old Town Hall, which will be the site of a slide-show history of Bethany next Sunday, and is scheduled to get a new room.

The roof is being paid for by a grant secured by former State Senator Mary Lou Rath.

"We have to do take care of it this spring or early summer, because the thing is about 25 years old," said Town Council member William Gick.

The building, built in 1832, was originally a church and later a lodge, a grange, a town hall, then put to some other uses, according to Gick, and then a town hall again until 2007, when town staff moved into the new town hall.

After the new roof is in place, a portion of the building will serve as headquarters for the town historian. There are already some artifacts stored there, Gick said.

"And we'll try to make a serious effot to find a buyer for the building, or lease it, or otherwise put it to good use," Gick said. "It shouldn't just sit there. It should be put to get use."

Gick also encourages local residents to come out to the Old Town Hall Sunday at 2 p.m. for a visual tour of the town's history.

The Council meets tonight in the new Town Hall at 7:30 p.m.

A Conesus couple is charged with grand larceny in the fourth degree for allegedly stealing four chain saws from Morg's Sawz & Stoves in Pavilion. The crime allegedly took place March 26 in the afternoon. The suspects were picked up that day by the Livingston County Sheriff's Office. Arraigned yesterday in Pavilion Town Court were Michael G. Boggs, 31,and Jennifer R. Boggs, 26.  The couple remains incarcerated in Livingston County.

Kenneth Laird, 56, of Bethany, is accused of getting into a domestic dispute yesterday with a person he has been ordered not to contact. Laird reportedly threw rocks at this person's car as the person tried to leave the scene of the dispute. Laird is charged with criminal contempt in the 2nd degree and harassment in the second degree.

Kevin L. Madden, 24, of Albion, was charged with DWI and issued traffic tickets for unsafe speed and moving from lane unsafely, following a rollover accident on Transit Road, off Route 63 in Bethany  (reported on The Batavian yesterday), Madden was transported to UMMC, treated for minor injuries, and released to State Police. He is scheduled to answer the charges in Bethany Town Court on April 7 at 7 p.m.

Rory Howe, 21, of Attica, is charged with petty larceny. Howe is accused of shoplifting at the Wal-Mart in Batavia. According to a Sheriff's Office report, loss prevention officers at Wal-Mart apprehended Howe Monday with $55.25 worth of merchandise on her person as he exited the store.

A black Mazda SUV pick up was involved in a single vehicle accident on Transit Road off Route 63 at about 3:40 p.m.  The driver told emergency personal he was unhurt, but was placed in an ambulance and checked over as a precaution. State Troopers on scene estimated the driver tried to make turn off southbound Route 63 onto Transit at 55 p.m. Skid marks arched across both lanes of Transit from Route 63 to the crashed truck. There were no passengers. Dispatchers had received a report of an erratic driver heading south on Ellicott Street in a black truck with a ladder rack, possibly a Nissan, at about 3:30 p.m. The driver was allegedly driving in the oncoming traffic lane, nearly causing at least one head-on collision.