Darien

A structure fire is reported at 2583 Angling Road. It's between Read Road and Church Street. There is black smoke billowing from the corner of the house.

A firefighter on scene says there is heavy smoke coming from the rear of the residence.

Another says "Occupants and dog are out. It is involved."

East Pembroke and Town of Batavia fire departments are responding. An engine from Corfu is also requested.

UPDATE 12:24 p.m.: This East Pembroke fire has gone to a second alarm. Mercy medics are on scene. Corfu has called for an engine from Darien to stand in at Corfu's hall. A tanker from Indian Falls is requested. "It's starting to go fast -- everybody be careful because of the ice." But a bit later "The floor is gone. All interior firefighters are ordered out of the structure."

UPDATE 12:29 p.m.: Town of Batavia calls for an engine from Corfu to fill in at its station. Some units on scene are working to try and protect the garage.

UPDATE 12:35 p.m.: Oakfield is called to fill in at Town of Batavia's fire hall. Despite the prior directive, and the collapse of the floor, firefighters are now on the second floor of the house working to put out the fire. National Grid is notified, no ETA given. A chief asks "Do we have a crew for the roof?"

UPDATE 12:50 p.m.: The chief says "The fire's out. We're just trying to clean up in here. There aren't any hot spots." Also, a badly injured cat was found at the scene (presumably it has suffered burns). It is not known whose cat it is, if anyone's. It has been placed inside the garage and people from the animal shelter are on their way to get it and treat it. According to Sheriff's Deputy Brian Thompson, the fire started outside in a stairwell from unknown causes. A man and woman were asleep in their bedroom when the woman awoke and smelled something burning. By then, the fire had starting climbing the walls of the residence.

UPDATE 1:13 p.m.: The rescued cat did not apparently suffer from burns. Rather it experienced severe smoke inhalation and was heavily doused with water. It is one of three of the family's cats and is being taken to Batavia Animal Hospital on West Main Street Road. The other two cats remain unaccounted for.

UPDATE 2:04 p.m. (by Howard): Red Cross requested to the scene. Also, photo above of the red tabby that was rescued from the house. It was covered in water that had frozen and probably suffered from smoke inhalation, but was crying loudly as it was being carried here. The firefighter is taking the cat to a garage where it might be warmer. An Animal Control officer picked up the cat a short time later and took it to Batavia Animal Hospital.

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This evening, at Darien Lake State Park.

Barn on Jericho Road, Bethany.

Barn on Harlow Road, Darien.

Michael Aaron Witkop, 18, of Ross Street, Batavia, is charged with sexual misconduct. Witkop is accused of having sexual intercourse with a girl under 17 years of age, who is considered too young to give consent.

Timothy J. McGall, 22, of Mill Pond Road, Byron, is charged with aggravated DWI and DWI. McGall was arrested Monday following an investigation into an accident on Swamp Road in Bergen at 10:10 p.m., Oct. 31. Based on an investigation by the Monroe County Toxicology Laboratory, McGall was allegedly found to be driving with a BAC of .18 or greater.

Brittany Lynn Frey, 20, and Scott Alexander Lawrence, 19, both of Griswold Road, Darien, are charged with petit larceny. Frey and Lawrence are accused of shoplifting from Kmart on Tuesday.

An estimated $25,000 in damages was done to a garage in Darien on Tuesday when an unattended torpedo heater apparently ignited a blaze.

The heater was being used to warm up some machinery, according to a report by Deputy Dana Richardson.

The fire occurred at 1210 Herkimer Road, Darien, and was called in by homeowner Lawrence Stabell at 9:51 a.m.

No injuries were reported in the blaze. The garage, which was destroyed, was not attached to the house.

Darien Fire responded with mutual aid from Alexander and Bennington fire departments.

(initial report)

A garage fire has been reported at 1210 Herkimer Road, Darien.

Darien Fire with mutual aid from Alexander Fire responding.

A chief on scene reports the garage is fully involved.

The garage is not attached to any other structure.

UPDATE 10:23 p.m.: Fire knocked down.

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Leandra Marie Kutas, 17, of Gould Avenue, Depew, is charged with attempted assault, 2nd, criminal mischief, 3rd, and menacing, 2nd. Kutas is accused of punching, biting and hitting another person with a baseball bat during an incident in Darien on Nov. 10. Kutas allegedly left the residence after the attack and then returned a short time later and keyed the victim's car. Kutas was arraigned and released under supervision.

Tyler M. Schroder, 18, of Oak Street, Oakfield, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Schroder was allegedly found in possession of pills and marijuana while being arrested on a warrant. He was jailed on $1,500 bail.

James Lamar Poole, 46, of Fargo Road, Darien, is charged with DWI, unlawful possession of marijuana, unlicensed driver, driving left of pavement markings and consumption of alcohol in a motor vehicle on a highway. Poole was stopped at 1:46 a.m., Thursday, in Allegheny Road, Corfu, by Deputy Kevin McCarthy. Poole was jailed on $10,000 bail.

Gregory Scott Snyder, 42, of West Main Street, Batavia, is charged with criminal contempt, 2nd. Snyder allegedly twice went to the residence of a protected person in violation of a court's stay-away order.

One person was injured when a car struck a deer on Bennett Road in Darien at 8:26 p.m., Monday.

Taken to UMMC with non-life-threatening injuries was 17-year-old Brittney N. Torrey.

Torrey was a passenger in a car driven by 20-year-old Matthew S. Shaffer, of Harvester Avenue, Batavia.

Neither Shaffer nor an infant in the car, Isabella A. Torrey, were injured.

No citations were issued.

The accident was investigated by Deputy Jason Diehl.

There's a couple of incidents going on -- amidst other heavy scanner traffic -- that I've not been able to quite nail down.

There's an apparant grass fire somewhere off Route 33, apparently in Darien's fire district.

Also, there's a car off the road in Le Roy. Their may be power lines down. A caller reports a power outage. The driver called and said he wasn't injured, but an ambulance was started. The car is in the woods.  The location sounds like "Valence Road," but I can't locate such a road anywhere in Genesee County.

UPDATE 6:14 p.m.: The fire was on a recently purchased plot of land in the area of Countyline Road and Route 33. The burn is within legal limits and the owner is planning to have more controlled burns this week.

Ronald J. Wendt, the 25-year-old Alexander man convicted of drunken driving and taking the life of a Dansville girl, will spend at least another 15 months in prison and could end up serving a total of seven-and-a-half years behind bars.

Wendt was sentenced in Genesee County Court today on his 11 convictions stemming from the fatal accident in Darien Center on Aug. 14, 2009.

Katie Stanley, 18, died in the crash that also injured three other people, and two of them say they continue to have medical problems.

The top count of Wendt's charges was aggravated vehicular manslaughter, which carries a maximum sentence of 25 years.

Judge Robert C. Noonan sentenced Wendt to two and a half to seven and a half years on that count, and Wendt has already been in Genesee County Jail for 13 months, leaving a minimum of 15 months to serve.

On the other 10 counts, Wendt received concurrent sentences ranging from one year to two-to-six years. (For a list of the counts the sentencing options available to Noonan, click here.)

Noonan called the case a tragedy and noted, as did Friedman, that the underlying DWI charge was no more serious than what hundreds of people in Genesee County face every year. If there had been no accident, Noonan said, and Wendt was still arrested, he probably would have faced a misdemeanor DWI case, have it reduced to a violation and have served no jail time.

"You wouldn’t be standing here and you wouldn’t be facing a prison sentence, but unfortunately your conduct did lead to some serious consequences and I intend to impose a serious prison sentence," Noonan said.

Noonan noted that when he was a young prosecutor, a BAC needed to be a .12 and now it's .08, but a deputy Noonan used to know warned all the time about the dangers of people driving with a .07 or .08 BAC.

"As that expert deputy said, a .08 of BAC has a limitation on their motor skills or shortcomings of their perceptions in operating a motor vehicle, and therefore they engage in conduct that endangers the public," Noonan said. "That's what you did here."

Anybody who drinks and drives could wind up in Wendt's situation, said Friedman.

"They all think it could never happen to them, but it does," Friedman said. "That's why we have these laws. The consequences of this case are far worse than anything we’ve seen from a DWI case in this county in a long ling time. I hope it says that way."

Wendt's defense attorney Thomas Burns said Ron is remorseful.

"This has never been anything other than terrible tragedy," Burns said. "From the onset, from his first statement to Deputy Wescott, Ron has been willing to accept responsibility for his actions."

Wendt made only a short statement when asked by Noonan if he had anything to say.

"I would just like to say there isn't a minute that I don't wish I could take that whole day back," Wendt said. "I don’t know how to express how terrible I feel about this whole incident."

Burns, Friedman and Noonan all praised families on both sides of the case who have shown a good deal of class, composure and grace throughout the case.

Paul Mahus, father of Gabby Mahus, who was a back-seat passenger in the vehicle that hit Wendt's truck as it turned left into the parking lot of My Saloon, read a statement from his daughter. 

She's suffered from debilitating headaches since the accident and a good deal of emotional trauma.

"I’m always thinking that Katie could have been doing fun things with us if she was still alive," Paul read from Gabby's statement.

But Mahus, like statements from Rachel Enderle, who was driving the car that hit Wendt's truck, and her cousin Timothy Enderle, also a passenger in the car, did not ask for any specific sentence for Wendt, no call for the maximum term.

"I don’t’ have feeling of hatred toward Ronald at all," said Rachel, through Timothy, who read her statement.

The statement detailed the pain Rachel has suffered because of her foot injury, which still makes it painful for her to walk and has been upsetting to her young daughter.

She did suggest that Wendt be required to speak to groups about drinking and driving and that "I don't want him to forget about it."

After court was adjourned, Timothy Enderle said he was comfortable with the decision.

"I think justice has been served," said Enderle. "Now both of our families can move on."

Friedman met with the families after the sentence and said nobody raised any concerns about the length of the prison term for Wendt.

"As you saw, I didn't ask for any particular sentence," Friedman said. "I didn't feel it was necessary. The court certainly heard from the victims in the case. You said, 'on the lighter side.' It could have been less, it could have been more. The judge has to consider many factors. I certainly respect what he did  and the sentence he imposed."

Burns said his client accepted the sentence graciously.

"Given the range of sentences available to the court, I'm pleased the court decided to go to the lower end, toward the minimum," Burns said. "I think it speaks to Ron's lack of prior criminal history, his lack of prior driving while intoxicated offenses."

Ronald A. Smith, 18, of 3189 Broadway Road, Alexander, is charged with criminal contempt, 2nd, and unlawful possession of marijuana. Smith is accused of violating a court order protecting a female acquaintance. During the investigation he was allegedly found in possession of marijuana. Smith was jailed on $1,000 bail.

Latoya Y. Stanley, 101 State St., Batavia, is charged with criminal trespass and criminal mischief, 4th. Stanley is accused of going to the apartment of another person and damaging the doorway.

Randy L. Sanfratello, 41, of 4016 W. Main St. Road, Batavia, is charged with harassment, 2nd. Sanfratello is accused of trying to fight another man at East Town Plaza on Oct. 20. He was arrested on a warrant out of Batavia City Court.

Nathan Lorel Smatana, 21, of Lincoln Place, Lockport, is charged with unlawful possession of marijuana. Smatana was arrested following the investigation into a motor-vehicle accident at 5:12 p.m., Friday on Route 77, Pembroke, by Deputy Joseph Graff.

Victoria Lynn Phillips, 49, of Molasses Hill Road, Bethany, is charged with DWI and driving with a BAC of .08 or greater. Phillips was arrested by Deputy Jason Saile following a 9-1-1 call out of the Town of Darien at 11:46 p.m., Friday.

Adam Scott Hamilton, 25, of Curwood Drive, Tonawanda, is charged with disorderly conduct. Hamilton was picked up on a bench warrant out of Town of Darien Court for failure to pay a fine. He paid the fine and was released.

Alejandro Cortes Ruiz, 28, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, inadequate headlights, unlicensed operation and consumption of alcohol in a motor vehicle. Ruiz was stopped at 11:54 p.m., Friday, on South Lyon Street, City of Batavia, by Deputy Jason Saile. Bail was set at $2,500.

A 17-year-old from Batavia is charged with unlawful possession of marijuana. The youth was nabbed when a K-9 allegedly alerted on his vehicle parked in a parking lot.

A 17-year-old from Basom is charged with unlawful possession of marijuana. The youth was nabbed when a K-9 allegedly alerted on his vehicle parked in a parking lot.

Randall William McKeown, 48, of Dellinger Avenue, is charged with a felony count of DWI, driving with a BAC .08 or greater, aggravated unlicense operation, 3rd, and moving from lane unsafely. McKeown was stopped on Route 5, Batavia, at 12:31 a.m., Sunday, by Deputy Joseph Graff.

Christopher Thomas Guillod, 23, of Olde Tavern Circle, Rochester, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings and inadequate exhaust. Guillod was stopped at 1:12 a.m., Sunday, on Oak Street, Batavia, by Deputy Jason Saile.

We only recently received the October indictments from the Genesee County Grand Jury:

Charles J. Porreca is charged with unlawful possession of marijuana, criminal possession of a controlled substance, 5th, criminal possession of marijuana, 4th, and criminal possession of a controlled substance, 7th. On May 6, Porreca is accused of possessing marijuana while in a vehicle at 8123 Prole Road Extension. On the same date, he is accused of possessing psilocin and psilocybin contained in mushrooms with the intent to sell in a room at College Village. At the same address, he is accused of possessing more than two ounces of marijuana along with hydrocodone.

Robert Thigpen III, is charged with burglary, 1st, menacing, 2nd, and criminal mischief, 4th. Thigpen is accused of entering and remaining unlawfully in a dwelling at 111 State St., Apt. 3, Batavia, on Aug. 30, with intent to commit a crime. Allegedly, Thigpen used a knife to threaten another person. He is also accused of damaging a lock.

Amy L. Brown is charged with grand larceny, 3rd, and eight counts of offering a false instrument for filing, 1st. Brown is accused of stealing from the Department of Labor from Sept. 21 through Nov. 16, 2008. She is accused of filing false records with the Department of Labor.

Robert J. Van Pelt is charged with vehicular assault, 1st, DWI and aggravated DWI. Van Pelt is accused of driving a motor vehicle on May 2, Sandhill Road, Town of Alabama, and causing another person to be injured. His BAC was allegedly above .18.

Christopher J. Matusak is charged with DWI as a felony, aggravated DWI, three counts of criminal mischief, 3rd, and three counts of reckless endangerment, 2nd. Matusak is accused of driving drunk on May 31 with a BAC of .18 or greater, and in Town of Le Roy damaging the property of another person. The property is described as a 2007 Hyundai, a 1998 Lincoln and a 1996 Cadillac. He is accused of intentionally striking the Cadillac, which allegedly had three passengers at the time.

Shannon V. Albano is charged with a felony count of DWI and driving with a BAC of .08 or greater. Albano is accused of driving drunk on April 19 in the Town of Darien.

Autumn M. Connolly is charged with grand larceny third. Connolly is accused of stealing about $4,200 from a family member between March 27 and April 13.

James R. Kosiorek, 18, of Myrtle Street, Le Roy, is charged with assault, 2nd. Kosiorek is accused of punching and kicking another person in the head, causing physical injury to that person by means of a dangerous instrument. The alleged incident occurred on Friday. Kosiorek was jailed on $5,000 bail.

Kenneth Michael Burns, 53, of South Lake Avenue, Bergen, is charged with criminal contempt, 2nd. While incarcerated at Genesee County Jail, Burns allegedly violated an order of protection by contacting the protected person by phone.

Justin J. Pryzybyl, 21, of 8411 Peachy Road, Bergen, is charged with DWI, driving with a BAC of .08 or greater, making an unsafe start and not wearing a seat belt. Pryzybyl was stopped at 2:10 a.m., Saturday, on Clay Street by Le Roy Police Sgt. Michael Hare.

Benjamin Louis Monna, 21, of Florendin Drive, Henrietta, is charged with operating a motor vehicle impaired by drugs, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and speeding. Monna was allegedly spotted speeding on the Thruway (83 in a 65 mph zone) and was located a short time later on the side of the road at the Pembroke off ramp. He was allegedly found in possession of Ritalin without a prescription, a small amount of marijuana and was allegedly driving under the influence of drugs. He reportedly refused a blood test. Monna was taken into custody at 8:45 a.m., Friday, by Deputy Brian Thompson.

Mark Jacob Mutka, 29, of Ganson Avenue, Corfu, is charged with DWI, driving with a BAC of .08 or greater and speeding (84 in a 55 mph zone). Mutka was stopped at 4:08 a.m., Sunday, on Genesee Street, Darien, by Deputy Howard Carlson.

Fire crews and medics are busy this evening. So many calls, not always enough manpower.

Additional fire crews are asked to assemble in their quarters for Bethany, Alexander, the Village of Attica and Darien to be ready in case they are needed. Their other crews are all out on calls.

When 25-year-old Ronald J. Wendt, convicted Monday of aggravated vehicular homicide and 10 other charges, is sentenced Nov. 15, Genesee County Judge Robert C. Noonan will have a range of sentencing options.

Under statute, each felony and misdemeanor carries its own sentencing guidelines, but all of the sentences will likely be served concurrently.

Here are the charges and sentencing options:

1. Driving While Intoxicated as a misdemeanor: 1 year maximum;
2. Driving While Intoxicated, per se, as a misdemeanor (i.e., driving with a BAC of .08 or greater): 1 year maximum;
3. Vehicular Manslaughter, 2nd, a Class D felony: 1 to 3 years, minimum; 2 1/3 to 7 maximum;
4. Aggravated Vehicular Homicide, a Class B felony (referred to as the "top count"): 1 to 3 minimum, 8 1/3 to 25 years maximum;
5. Manslaughter, 2nd, a Class C felony: 1 to 3 minimum, 5 to 15 maximum;
6. Vehicular assault, 2nd, a Class E felony: 1 to 3 minimum, 1 1/3 to 4 years maximum;
7. Aggravated Vehicular Assault, a Class C felony: 1 to 3 minimum, 5 to 15 maximum;
8. Assault, 2nd, a Class D felony: Minimum 2 years, maximum 7 years;
9. Vehicular Assault, 2nd, a Class E felony: 1 to 3 minimum, 1 1/3 to 4 years maximum;
10. Assault, 2nd, a Class D felony: Minimum 2 years, maximum 7 years;
11. Assault, 3rd, a misdemeanor: 1 year maximum.

On a count like aggravated vehicular manslaughter, Noonan could pick the one to three range, and it would mean Wendt would be eligible for parole after one year. If Noonan gave Wendt the maximum under that charge, Wendt would be eligible for parole after eight-and-one-third years. He couldn't serve more than 25 years.

Noonan could also set a range within the minimum and maximum.

Given that Count #8 and Count #10 carry minimum two year sentences, Wendt would have to serve at least two years in prison, even if Noonan picked a lower range on the higher class felonies.

Some key cases that have come before Noonan for sentencing in the past year:

• Scott F. Doll, convicted of beating to death Joseph Benaquist: Doll received 15 years to life. Noonan could have sent Doll to jail for 25 years to life, but said it didn't seem right to lock Doll up for the rest of his life when younger men convicted of the same crime would be getting out of jail in their 50s.
• Thomas Wallace, who admitted to watching porn while driving his truck just as he plowed into a disabled car on the Thruway, killing an Amherst mother, received a three to nine year prison term.
• Dennis M. Abrams, the mastermind of robbing an M&T Bank branch in Elba, where he and his accomplices terrorized the tellers, received a 13 1/2 year sentence.

UPDATED at 5:04 p.m.

Ronald J. Wendt II, 25, of Alexander, is guilty of DWI and aggravated vehicular homicide in the death of 18-year-old Katie Stanley on Aug. 14, 2009, a Genesee County jury concluded today.

The jury also convicted Wendt of the nine other counts against him, including vehicular manslaughter, 2nd, which carries a possible 25-year prison term.

The jury deliberated less than two hours after hearing more than four days of testimony in which defense attorney Thomas Burns tried to establish that Wendt wasn't legally intoxicated at the time of the accident and that the actions of the driver of the other car, Rachel Enderle, 27, of Dansville, contributed to the accident.

"I don't want to get into anything about the case other than to say I'm disappointed in the verdict," Burns said. "That's about all I have to say."

While the speed of the verdict surprised Burns, District Attorney Lawrence Friedman said the quick decision shows the people had a solid case on all charges against Wendt.

"I'm very pleased for Katie's family and the other victims of the crash," Friedman said. "Justice was served."

In the hours before the accident, Wendt worked with a friend baling hay in Attica. Toward the end of the workday, they began drinking beer. According to William D. Marchisin, 35, of Darien, Wendt and he each had as many as six beers prior to the accident, including one about 15 minutes beforehand.

The duo was going to stop off at My Saloon for "just one more" when Wendt decided to make a left-hand turn off Route 20 right in front of Enderle's oncoming car.

Stanley, also of Dansville, was riding in the right rear passenger seat.

Friedman acknowledged that people drink and drive in Genesee County every day and they rarely wind up involved in a fatal car accident.

"Obviously, the vast majority believe nothing like this happens, but that's the reason we have these laws," Friedman said. "I'm sure this defendant never expected anything like this could ever happen to him, but that's what the problem is, you never know. Anybody who is driving while intoxicated could find themselves in this situation."

Sentencing is scheduled for 9:30 a.m., Nov. 15. Friedman said he hasn't even started to think about a sentencing recommendation.

Burns said there will be an appeal, but as is his policy, he won't represent Wendt in the appeal.

Photo: File photo of Ron Wendt.

Whether Rachel Enderle was speeding, or not, or how attentive she was to her driving, doesn't really matter, District Attorney Lawrence Friedman told the jury in closing arguments of the Ronald J. Wendt manslaughter trial.

Wendt's conduct the night of Aug. 14, 2009 was a crucial link in a chain of events that led to a tragic accident. The jury need only find that without Wendt's conduct, the accident would never have occurred.

"If this defendant had not been drinking throughout the day, throughout the evening and throughout the night, Katie Stanley would still be alive," Friedman said. "If he hadn’t felt the need for one more beer and turned in front of that car, Katie Stanley would still be alive."

Defense attorney Thomas Burns argued forcefully in his closing remarks that the evidence does not support the charge that Wendt was driving drunk, nor that he should have reasonably concluded that by making that fateful left turn, an accident would have occurred.

The Sheriff's Office never investigated other factors in the crash, Burns argued, but immediately concluded that Wendt was at fault.

"So the singular focus is what I submit to you is what this trial is ultimately about," Burns said. "How else do we explain, for example, when we know that Mr. Fox said he was speeding, that he was not issued a traffic citation?

"When evidence suggests that Mr. Fox was directly behind Ms. Enderle and that she would have been speeding, there is no suggestion that she was issued a traffic citation in this case. How else do we explain resistance from police witnesses to common law evidence and how the Datamaster can be interpreted as to non-intoxication rather than simply intoxication?"

Wendt's BAC at the time of the accident may every well have been below .08, Burns argued, pointing out the rate of absorption possible would mean his last beer would have been hitting his system just about the time the test was administered.

Friedman, in his more than hour-long remarks, pointed out that absorption into Wendt's blood would have started when he took his first sip of that last beer, not when he finished it. Also, some of the alcohol in his system from his day of drinking would have been leaving his system at the same time.

Wendt's BAC at the time of the accident, Friedman said, could actually have been above .08.

Burns, also taking more than an hour to make his case, argued that the Datamaster is not reliable and like any machine, prone to error, but Friedman said breath tests go back to the 1950s and are standard tools for measuring BAC in criminal cases.

There's no evidence, Friedman said, that the Datamaster is any less reliable than a direct blood test. The results of the Datamaster are a person's actual BAC, not an estimate, as Burns had said, according to Friedman.

Burns also called into question the results of the field sobriety test given to Wendt by Deputy Tim Wescott at the scene. Burns was critical of the lack of consideration for any possible injuries Wendt might have suffered in the violent collision, that his fatigue was a factor and his heavy boots were a factor.

Also, Burns said, since the field test wasn't video recorded, the only record of Wendt's performance on the test was Wescott's memory.

Friedman countered that Wescott was an experienced law officer, that since his report also contained information on the parts of the test Wendt passed, and that by Wendt's own conduct and remarks prior to the test, Wescott's testimony was credible.

Friedman argued that the facts of the case clearly demonstrate that Wendt was intoxicated at the time of the crash and that even though he could clearly see a car right in front of him, he turned in front of it without stopping first and without using his turn signal. 

"I would suggest to you that the defense has tried very hard to complicate a very straightforward case," Friedman said.

The jury is beginning deliberations this afternoon.

If convicted of all charges, the 25-year-old Wendt could face up to 25 years in prison.

Ron Wendt's truck was likely traveling at 11 mph when it was struck by a Toyota Camry on Aug. 14, 2009 as Wendt attempted to make a left-hand turn into the parking lot of My Saloon on Broadway in Darien.

The Camry, driven by Rachel Enderle, 27, of Dansville, was likely going at 46 mph at the point of impact.

This is the testimony of accident scene investigator Deputy Ron Meides.

Meides said he had no ability to calculate the speed of the Camry in the second prior to impact.

Defense Attorney Thomas Burns asked a number of questions about the relative speed of the Camry and how much distance it would have traveled at those speeds.

Previously, Enderle and another witness have put the possible speeds in a range from 50 to 60 mph.

Witness Amanda McClellan estimated in earlier testimony that Wendt's truck was traveling at 30 to 40 mph as he attempted to make the turn.

Meides said his calculations were based on the distance the vehicles moved from the point of impact to where they came to rest. Because Wendt's truck hit a parked truck, therefore stopping motion, Meides had to begin his calculations on the distance that the stationary truck moved.

The starting point of the calculations was a gouge in the roadway. He estimated that the Camry traveled 10 feet from the point of impact and the Wendt's Dodge Ram moved 15 feet.

The weights of the vehicles with their respective passengers are also a factor in the calculation, as is the condition of the roadway. 

The type of roadway -- in this case "polished asphalt" (because of heavy use and age) -- adds "drag" to the motion of the vehicles (as does the condition of the tires, but not as much as the road surface).

Because the Sheriff's Office doesn't have the necessary device, Meides did not test for roadway drag to get a precise measurement. He testified that the number he used (called a co-efficient) was .5, which he said is standard under those conditions.

Other testimony today:

Sgt. Steve Mullen of the Sheriff's Office was called back to the stand to narrate a nighttime video he and other investigators made of driving past My Saloon. The video included two vehicles -- a truck stopped with its turn signal on in front of My Saloon and a sedan driving through Darien Center at 45 mph.

The only defense witness called today was Benjamin Bonarigo, an intern at his father's law firm, Bonarigo & McCutcheon. Bonarigo took additional pictures of the accident scene area on behalf of the defense.

Both attorneys rested their cases today and the jury was dismissed for the evening. Closing arguments begin around 9 a.m., Tuesday.

Once the jury was out of the courtroom, Burns resumed his motions for dismissal of all 11 counts against Wendt, saying that the People have failed to make its case that Wendt was driving under the influence and that he drove in a reckless manner.

District Attorney Lawrence Friedman was critical of Burns' motion, saying that Burns offered no proof that the People had failed to make its case. In fact, Friedman argued, there was sufficient evidence of DWI and that Wendt's actions were reckless.

"Obviously it’s our position, and I think that viewing the evidence in the most favorable light to the people, we have established reckless driving," Friedman said. "The defendant turned (left) right in front of a car that is so close. It’s not just his intoxication. It’s not just his traffic violation. It’s that he made the turn with the other vehicle in such close proximity."

The issue of recklessness -- and how to instruct the jury on the charges involving recklessness -- were also a big point of contention between Burns and Friedman when discussing how Noonan will instruct the jury on the charges.

Burns wants a charge that would require the jury to find that Wendt's behavior was clearly reckless, that he acted in a way that showed careless disregard for other people on a public highway. Friedman said under the law, the People don't even need to prove criminal negligence to get a reckless driving conviction -- just that the defendant took an action and it led to the death of another person.

Noonan will issue his rulings on how to instruct the jury on the charges in the morning, but he set no specific time on when he might rule on Burns' dismissal motions.

The prosecution in the Ronald J. Wendt manslaughter trial will not be allowed to submit evidence from a computer program that calculates and reaches conclusions on what happened in the Aug. 14, 2009 accident that killed a Dansville girl.

However, maps generated by the program that depict the accident scene without interpretation can be used, Judge Robert C. Noonan ruled in Genesee County Court today.

The combination of measuring devices and computer programs are known as Nikon Total Station, Vista FX (6th Edition) and Crashnet.

Noonan concluded that there are no precedents for using these programs for the purpose of accident-scene reconstruction and one of the tests of admissibility would be establishing general acceptance for that purpose by the scientific community. That has not been established, Noonan ruled.

In another matter, District Attorney Lawrence Friedman objected to photos brought into court today by defense attorney Thomas Burns, saying he hadn't been properly notified and questioning their evidentiary value.

Noonan ruled that Friedman could challenge the value of the photos as evidence at the time Burns attempts to enter them as evidence.

The photos were taken recently of the accident scene area. Burns said some of the photos show views that have not been offered into evidence by the prosecution.