corfu

BATAVIA, NY -- Scott Doll didn't kill Joseph Benaquist. That's the defense attorney Paul Cambria said he will present at the Corfu man's murder trial starting May 3.

Cambria won't rely on expert psychological testimony to try and explain Doll's actions or statements, Cambria said at a hearing in Genesee County Court this morning.

"There is no such defense," Cambria told Judge Robert Noonan after District Attorney Lawrence Friedman asked for the results of any psychological evaluation of Doll. Cambria said no such evaluation has been done because Doll's state of mind won't be an issue in the trial.

"The defense is the defendant is not guilty. That’s the defense. We do not intend to offer any sort of psychological testimony. He didn't do it. That’s the the defense of the case."

Today's hearing was primarily to give Doll a chance to accept any plea offer before the trial date is confirmed, but Friedman hasn't made a plea offer to Doll.

"It has been the understanding from the start of this case that it had to be tried and Mr. Cambria agreed with that assessment," Friedman said.

The two attorneys, as well as Cambria's co-counsel, Daniel Killelea, discussed various issues regarding evidence in the case.

Killelea raised a concern about the prosecution's inability, so far, to narrow the time of Benaquist's death further than some time between 4:45 p.m. and 1:30 a.m. p.m., Feb. 16-17, 2009 (the prosecution puts the time of attack at between 4:45 p.m. and 8:45 p.m.).

"Obviously, a more narrow time is important to us as we prepare our defense, and at trial, to effectively represent Mr. Doll," Killelea said.

Judge Noonan said he couldn't really order the prosecution to name a more particular  time if Friedman doesn't have the evidence to draw that conclusion.

Outside of court, Cambria said the Sheriff's Office and District Attorney reached a hasty conclusion that Doll killed the 66-year-old Benaquist, who was found bludgeoned to death in the driveway of his Pembroke home. Cambria said they concluded Doll was the killer even before all of the forensic evidence was gathered.

"They rushed to judgement here," Cambria said. "In two days they had an indictment. We’re getting reports now (from the forensics lab). We just got one last week. And here they are rushing to judgment two days after it’s over. As far as we’re concerned, they have their opinion and when they get to court and they get crossed examined and we put in our evidence, then the jury will make a determination."

Sheriff's Office investigators say Doll was found covered with blood wandering on the east side of North Lake Road. 

The trial is expected to last three weeks.

For previous coverage, click here.

Photos: Cambria, back left, Killelea, and Doll exit the court house. Inset: Paul Cambria talks with the media.

A 22-year-old Corfu woman reportedly lost control of her car while driving on Walden Avenue in Lancaster this morning. He car slid on snow-covered roads, crossed into oncoming traffic, and struck a snowplow.

Lindsay Burleson died as a result of her injuries.

The 7:45 a.m. accident occurred between Ransom and Town Line roads.

The driver of the snowplow was not identified.

(via the Buffalo News)

Jeffery M.  Rider, 31, of 8130 Route 5, Le Roy, is charged with resisting arrest. At 10:50 p.m., Tuesday, Deputy Bradley D. Mazur reportedly tried to execute an arrest warrant for Rider for alleged violation of probation. At the time of the attempted arrest, Rider allegedly resisted arrest. Rider was jailed on $1,000 bail.

Robert L. Vanburen, 48, of 370 W. Main St., lower, Batavia, is charged with throwing an injurious substance on the highway (littering), DWI and aggravated DWI with a BAC of .08 or greater. Vanburen was stopped by Officer Dan Coffey at 11:53 p.m., Wednesday, on West Main Street.

Robert F. Williams, 49, of 114 State St., Apt. #3, Batavia, is charged with harassment, 2nd. Williams is accused of grabbing a woman and throwing her. She was not injured.

A 17-year-old from Bergen is charged with criminal contempt. The youth is accused of shoving another person. There was an order of protection barring such conduct.

Kimmie A. Welsh, 43, of Corfu, is charged with DWI and operating a motor vehicle while impaired by drugs. Welsh was stopped by State Police at 9:40 a.m., Tuesday, at the intersection of Route 33 and Route 77 in the Village of Corfu. No further details available.

Clarence L. Blackmon, 39, of Oakfield, is charged with grand larceny, 3rd. Blackmon was arrested by State Police at noon, Tuesday. He is accused of stealing an item valued at less than $3,000. No further details are available.

Tanya L .Thyret, 31, of Rochester, is charged with DWI, driving with a BAC of .08 or greater and an equipment violation. Thyret was stopped by State Police at 8:45 p.m., Tuesday, on Culver Road, Town of Bativia. No further details are available.

Accidents from the state police blotter:

4:59 p.m., Feb. 22, Thruway, Mile Marker 399 west, Pembroke, two vehicles; Driver 1: William Burton Lewis, 22, of East Amherst; Driver 2: Leonard E. Neal, 58, of Gravehurst, Ontario, Canada. One injury reported. No further details available.

Barbara E. Ferrando, 38, of 53 W. Main St., Apt. 101, Corfu, is charged with harassment, 2nd. Ferrando is accused getting into a dispute with a store clerk. During the alleged confrontation, she allegedly reached behind the counter and struck the clerk with a plastic coffee mug, causing minor injuries.

Jessica J. Moscicki, 19, of 19 Briarwood Terrace, Batavia, is charged with aggravated unlicensed operation, 3rd and criminal impersonation, 2nd.  Moscicki was charged after allegedly giving a false name to Officer Ed Mileham during a traffic stop in the Tops Market parking lot at 2:30 p.m., yesterday. After further investigation, her identity was discovered and it was revealed she had a suspended license.

Brian L. Smith, 48, of 4128 Colonial Blvd., Batavia, is charged with criminal contempt, 2nd. Smith is accused of violating a court order by sending computer messages to a woman in Florida. Smith was allegedly barred from any contact with the woman. The messages were reportedly sent on Feb. 16. He was arrested yesterday around noon.

Mark Paul George, Sr., 51, of 3281 Broadway Road, Alexander, is charged with harassment, 2nd. George allegedly got into a dispute with a woman in Darien over some property. When the other person attempted to contact the police, George allegedly struck her hand, knocking her mobile phone away. There were no injuries reported.

Harry J. Reed, 28, of Rochester, was charged by State Police with DWI. Reed was stopped at 42 Green Knolls Road, Stafford, at 8:42 a.m., Monday. No further information is available.

Accidents from the State Police blotter:

3:38 p.m., Feb. 22, Barrville Road, Elba, two vehicles; Driver 1: Mary R. Prior, 67, of Batavia; Driver 2: Kim C. Clark, 59, of Attica. No injuries reported.

10:18 p.m., Feb. 22, Lewiston Road, Alabama, one vehicle; Driver 1: Brandy L. Golding, 35, of Akron. No injuries reported.

5:40 a.m., Feb. 23, Attica Road, Darien, one vehicle; Driver 1: David M. Roberts, 39, of Attica. No injuries reported.

4:37 p.m., Feb. 22, Mile Marker 397.4, Thruway, Pembroke, one vehicle; Driver 1: Michael H. Moran, 20, of Batavia. No injuries reported.

4:44 p.m., Feb. 22, Mile Marker 403, Thruway, Pembroke, one vehicle; Driver 1: Allessandra R. Falcao, 27, of Kearny, NJ.

12:03 a.m., Feb. 23, Mile Marker 394.7, Thruway, Batavia, one vehicle: Driver 1: Michael R. Eaton, 34, of Rush. No injuries reported.

A person reportedly has a minor hand injury, but is trapped inside a vehicle following an accident in Corfu.

East Pembroke Fire and Mercy EMS have been dispatched to the intersection of Route 5 and Hartshorn Road.

Taylor Dylan Carbonaro, 19, of 1044 Peck Road, Hilton, is charged with unlawful possession of marijuana. Carbonaro was stopped on Route 77 in Pembroke at 7:07 p.m. Monday by Deputy Patrick Reeves for an alleged traffic violation. Deputy Reeves reported smelling the odor of burnt marijuana emanating from the car and found Carbonaro allegedly in possession of cannabis. Carbonaro was also issued tickets for alleged failure to keep right and throwing refuse/cigarette on the highway.

Todd L. Fairbanks, 27, of 38 Prospect Ave., Batavia, is charged with aggravated harassment 2nd. Fairbanks is accused of making several unwanted and annoying telephone calls to a female acquaintance. He was jailed on $1,000 bail.

Rebecca L. Santiago, 23, of Stafford, was arrested Jan. 23 and charged with petit larceny. The arrested appeared in today's State Police blotter. She was also charged with criminal mischief. No further details provided.

A 17-year-old girl from Corfu is charged with harassment 2nd. She was arrested by State Police in Pembroke at 11 a.m. Monday. No further details provided.

Accidents from the State Police blotter:

6:22 p.m., Feb. 8, Weatherwax Road, Elba, one vehicle; Driver 1: Glenn J. Northup, 63, of Byron. No injuries reported.

The ongoing success of Pizza Pantry has made the national press.

A trade industry magazine, Pizza Today (yes, pizza shop owners have their own trade magazine), featured the Corfu pizza parlor in its latest edition.

The article details how Bev Snider (at first with her sister and mother as partners) took a low-budget pizza shop in the village and turned it into a thriving business that draws a crowd throughout the year.

Snider started the company with her mother and sister in 1983 in the middle of the village of Corfu, having bought the take-out shop on the cheap. “The woman who owned it, she said, ‘Sundays are your good days. I made $34 Sunday.’ That’s what we grew from.”

In 2000, Snider’s sister left the business and she took it over full time. Three years ago, they gutted an empty bowling alley turned bar and grill nearby and converted it into a 120-seat freestanding restaurant that afforded them much needed additional parking. “I’ve always wanted a dine-in place, but we just didn’t have room for it,” Snider says.

Pizza Pantry Manager Adam Kahabka said he suggested the article to Pizza Today a year ago after the business made an obviously successful transition to the much larger location.

"It's (the article) is a pretty big for us," Kahabka said. "For a small business to grow that much in such a small community, especially some place as small as Corfu, we thought was exceptional."

Pizza Pantry has flirted with disaster a couple of times in the past year and come out unscathed. First, there was the tornado that blew right by its parking lot. Then there was a small fire in the basement on Jan. 10.

The fire, Kahabak said, did minimal damage and the restaurant was open for business at its usual time the next day.

Jason Howard Freeman, 28, of 5312 Genesee St., Bowmansville, is charged with grand larceny 4th. Freeman is accused of stealing a firearm from A & K Gun Sales in Corfu. Freeman was issued an appearance ticket. The case was investigated by Deputy Patrick Reeves.

Eric D. Halsey, 18, of 3718 Main St. Road, Batavia, is charged with harassment 2nd. On Dec. 31 at 10:45 p.m., Halsey allegedly grabbed a woman by the face and threatened to smash her car window and hurt her.

Ian C. Lawlis, 29, of Overlook Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation 3rd. Lawlis allegedly backed into Ellicott Street unsafely and then sped away, traveling at 40 mph in a 30 mph zone. Lawlis was stopped by Sgt. Greg Walker. Upon investigation, it was discovered that Lawlis was allegedly operating on a suspended license. Lawlis was also cited for other alleged violations, such as unsafe backing, speeding, operating without insurance and failure to notify DMV of address change.

Ronald Louis MacGregor, 41, 6960 Cole Road, Le Roy, is charged with criminal possession of a controlled substance 7th, unlawful possession of marijuana and aggravated unlicensed operation 3rd. Sheriff's deputies responded to a report of a car driving without headlines and heavy front-end damage. The car was reportedly found at MacGregor's address. Upon investigation, Deputy James Diehl charged him with the listed offenses. Following arraignment, bail was set at $100.

David W. McCoy, 49, of 101 Kurtz Ave., Lancaster, is charged with DWI, driving left of pavement markings and failure to obey traffic control device. McCoy was stopped on Route 77 in Corfu at 8:21 p.m. Friday by Le Roy Police Officer Edward Caton and charged with the listed offenses.

A teen-age driver reportedly struck a deer Wednesday evening, over corrected and overturned her car in a ditch on Boyce Road in Pembroke.

Two of her passengers were injured.

Taken to UMMC for treatment were Randy J. Hesler, 16 and Amanda Richley, 18.

Kelsey Nichole Milks, 17, of 576 Main Road, Corfu, was driving a 2001 Pontiac sedan at 9:21 p.m. She was uninjured.

A fourth passenger, Abbigayle R. Henry, was also not hurt.

No citations were issued.

Deputy Patrick Reeves investigated the accident.

East Pembroke Fire is being dispatched to a reported dump trailer fire at Ed Arnold's Scrap Yard on Angling Road in Corfu.

UPDATE 10:17 p.m.: First responder reports metal shaving burning inside of a dump container. Units asked to respond non-emergency.

UPDATE 10:21 p.m.: East Pembroke Fire picking up. "It's just metal shavings. It's not going to go anywhere."

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Corfu Fire has been dispatched to the Pizza Pantry for a report of smoke in the basement.

UPDATE 8:09 p.m.: A first responder reports a smell of wood burning in the basement. The restaurant is being evacuated.

UPDATE 8:45 p.m.: Darien and Corfu crews are still on scene and have not identified the source of the smoke smell, but report there is still some odor. Apparently, some melted wires were found above the office, but it's unclear if that could be a source of the smell.  The smell is still described as a wood smell.

UPDATE 9:07 p.m.: This is a possible electrical fire in a wall.  Alexander, Attica and Bennington are being dispatched to a staging area in Corfu, as well as Town of Batavia's Fast Team. Also, Alden's ladder truck is responding.

UPDATE 9:15 p.m.: Bennington is standing by at Darien Fire Hall, Attica is continuing to the staging area. Also, Emergency Management Coordinator Tim Yaeger is responding.  All units are responding none emergency. Wyoming dispatch was just informed, "It's all precautionary."

UPDATE 9:18 p.m.: A hot spot has been found in the basement. "The temperature is rising."

UPDATE 9:46 p.m.: A little while ago, a fire crew on the first floor reported it was about to spray water down the wall into the basement. Just now, a fire crew member in the basement reported his crew was exiting the basement. The thermal camera is now reporting temperatures in the 50s. National Grid is now on scene. Also, Route 77 in front of Pizza Pantry has iced over and town road crews are being requested.

UPDATE 9:55 p.m.: Standby units released. Darien Fire Chief reports fire source was located and extinguished and Darien units are picking up.

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Corfu Fire is being dispatched to report of a house fire at 2491 Angling Road, Corfu.

Also dispatched, East Pembroke and Batavia Fast Team.

First responder: "We have a fully involved house fire."

UPDATE 6:33 p.m.: Angling Road at Route 33 is being shut down. Everybody is reported out of the house.

UPDATE 6:40 p.m.: A full crew from Corfu is on scene. The roads are ordered shut to traffic. Two hand-lines are requested.

UPDATE 6:44 p.m.: Fire knocked out; air ventilation under way.

UPDATE 7:02 p.m.: Report is now, "Fire contained to one small area."

UPDATE 9:14 a.m., Friday: We received a fire report from the Sheriff's Office.  The house was a multi-unit dwelling owned by David Martino. The apparent cause of the fire was a space heater that overheated. Additional information left by firefighter Bruce Ross in a comment below, as well.

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Aaron L. Heale, 28, of 8 School St., south apartment, is charged with grand larceny in the 4th degree and one count of criminal possession of a controlled substance. Heale is accused of purchasing more than $1,000 in merchandise from a local store using checks from a bank account that had been closed for years. The investigation by Le Roy Police Detective John Condidorio began in November 2009. On Dec. 16, Det. Condidorio -- along with members of the Le Roy Police Department, the Genesee County Sheriff's office and the Genesee County Local Drug Enforcement Task Force -- executed a search warrant on Heale's apartment. Heale was not present at the time. Condidorio reports that during the search, evidence of the alleged grand larceny was found along with drug paraphernalia. Heale was located on Dec. 20 at a residence in the village and arrested. He was jailed on $1,500 bail.

Linda L. Snyder, 27, of 6 Lewis Place, Batavia, is charged with disorderly conduct and endangering the welfare of a child; Paula A. Kingsley, 34, of 8 Lewis Place, Batavia, is charged with disorderly conduct. Snyder and Kingsley were allegedly involved in a neighbor dispute at 4:05 p.m. on Sunday. Snyder is also accused of grabbing a 15-year-old girl and fighting with her. Both were jailed on $1,000 bail.

Ralph G. Depema, 33, of 854 Whitier Road, Spencerport, is charged with aggravated unlicensed operation and unsafe turn. Depema was reportedly stopped by Officer Chris Camp Ellicott Street at 11:35 a.m. on Sunday. After the stop, it was discovered that Depema was driving despite his license reportedly being suspended 16 times. Depema was jailed on $1,000 bail.

Joshua P. Garcia, 26, of 14 Marchall Ave., Akron, is charged with DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Deputy Kevin McCarthy responded to a report from the T/A Travel Plaza of a person who reportedly passed out in the dining area and then refused to leave. Upon interviewing Garcia, McCarthy determined that he allegedly drove to the location.

Brian L. Smith, 48, 4128 Colonial Blvd., Batavia, is charged with aggravated harassment in the 2nd degree. Smith allegedly made repeated contacts via online communication with a woman in Florida after she had repeatedly asked him to stop. Investigator Kristopher Kautz characterized the communications as "harassing and alarming in nature."

Philip Anthony Caccamise, 27, of 65 South St., Le Roy, is charged with harassment. Caccamise allegedly grabbed a friend and threw him to the ground.

Glenn W. Viehdeffer, Jr., 59, of 7628 Lewiston Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and inadequate/no muffler. Viehdeffer was stopped for an alleged traffic violation by Deputy Jason Saile on South Pearl Street Road in Oakfield at 1:42 a.m. on Saturday.

Eric W. Kubik, 23, of 2160 Phelps Road, Basom, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Kubik was stopped by Deputy Howard Carlson on Route 5 in the Town of Le Roy at 2:40 a.m. on Saturday.

John C. Bertini, 51, of 2419 Pratt Road, Corfu, is charged with unlawful possession of marijuana. Bertini was stopped by Deputy Kevin R. McCarthy on Indian Falls Road for an alleged improper headlight at 2:08 a.m. on Sunday.

A 17-year-old from Batavia is charged with unlawful possession of marijuana. Deputy Kevin McCarthy investigated a car parked partially on the pavement on Gabby Road in Pembroke at 4:54 a.m. on Saturday. He found the youth allegedly in possession of marijuana.

Ricky N. Porter, Jr., 19, of 1 Walnut St., Batavia, is charged with assault in the 3rd degree and criminal contempt in the 1st. Porter allegedly violated a court order of protection by pulling the hair of a girlfriend and then hitting her numerous times in the head and face. Porter was jailed without bail.

Joshua G. Bachorski, 26, of 11 Pringle Ave., lower, Batavia, is charged petit larceny. Bachorski allegedly stole a bottle of liquor from Mr. Wine and Liquor.

Amanda M. Elliott, 25, of 18 1/2 Walnut St., Batavia, is charged with petit larceny. Elliott allegedly shoplifted items from Tops.

Julia R. Sallade, 18, of 9845 Roanoke Road, Pavilion, is charged with petit larceny. Sallade allegedly attempted to steal $368 worth of clothing and jewelry from JCPenney.

Emergency crews responded to a report of a rollover accident on the Thruway and when they got there, there was nobody in the car and nobody around, but the car was on its roof.

Meanwhile, a semi-truck on Route 33 is reportedly "driving people" off the road. He happens to be heading toward a roadblock set up earlier this evening because of a jack-knifed truck near Seven Springs Road.

Also, inmate trustees are clearing Porter Road so law enforcement has access to the jail.

There continue to be reports of accidents, cars and trucks stuck in various locations.

UPDATE 6:08 p.m.: Route 33 is open.

UPDATE 6:13: Route 19 is open.

Emergency crews are shutting down southbound Route 77 at Route 33 because a disabled tractor-trailer is blocking the roadway.

A 76-year-old resident of Corfu was struck by a car on Route 5 near Indian Falls Road in Pembroke this evening.

George Wells, of 2077 W. Main Road, Corfu, was transported to UMMC by Mercy EMS. The accident report states he had complaints of pain in his whole body.

According to the report, prepared by Deputy J.M. Graff, Wells was crossing Route 5 and the driver of the car that struck him said he attempted to swerve to avoid hitting Wells. Graff reports there are skid marks in the road consistent with that statement.

The accident occurred at 5:04 p.m.

The driver is identified as Thomas M. Yackeren, 26, of Alexander.

No tickets were issued by Deputy Graff.

Robert R. Davis, 48, 1355 Main Road, Corfu, is charged with criminal possession of a weapon in the fourth degree. On Nov. 15, the Sheriff's Office received a report of a reckless driver in the area of 8483 Allegheny Road. During the investigation, Deputy Howard Carlson came into contact with Davis and during the investigation, reportedly discovered a switchblade knife on Davis.

We just heard that there is some level of power outage in Darien and Corfu.  An official reported, "half power" in those communities.

The stoplight routes 33 and 77 is apparently out and a deputy has been dispatched to control traffic.

The power outage has not yet been reported on National Grid's Web site.

UPDATE 12:24 p.m.: Power outage reports are starting to pop up on National Grid's map.

UPDATE 12:31 p.m.: There is reportedly a low flying helicopter from National Grid in the area checking power lines. Also, county dispatch has been told it will be at least an hour before power is restored.

UPDATE 12:46 p.m.: Sheriff's Deputy reports that the traffic light in Corfu is working again.