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Darien

Motor-vehicle accident with minor injuries on Route 77, Darien

By Howard B. Owens

Two vehicles left the scene, and two didn't leave the scene of a motor-vehicle accident in the area of 9548 Alleghany Road, Darien.

A chief on scene reports minor injuries. 

Darien fire responded.

Deputies were advised of the vehicles that fled the scene.

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One trespass arrest at Matchbox 20 concert at Darien Lake

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Matchbox 20 concert at Darien Lake Performing Arts Center on Monday:

Getchen L. Demeo, 52, of Coachmans Lane, Hamburg, is charged with trespass after allegedly opening an emergency exit and entering the Seagrams viewing deck where she had no right to be.

House in Darien struck by lightning, filling with smoke

By Howard B. Owens

Multiple fire companies have been dispatched to 9792 Ridge Road, Darien, for a house struck by lightning with smoke reported in the residence.

Darian fire was initially dispatched.

Mutual aid requested from Alexander, Town of Batavia, Corfu, East Pembroke, Indian Falls, and City Fire.

UPDATE 11:23 p.m.: City's fourth platoon requested to the station. Emergency management requested to the scene.

Law and Order: Canadian accused of stealing golf cart, getting into accident at Darien Lake

By Howard B. Owens

Hofford Lindsay Ian, 53, of Bluff Trail, Nobleton, Ontario, Canada, is charged with: DWI; unauthorized use of a vehicle; leaving scene of an accident; refusal to take breath test; and moving from lane unsafely. Ian allegedly drove a golf cart without the owner's permission while at Darien Lake. While operating the golf car, Ian allegedly struck another vehicle and left the scene of the accident. He was jailed on $5,000 cash bail or $10,000 bond. 

Melissa R. Reinard, 24, of Pine Ridge Road, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Reinard was stopped for allegedly driving 53 in a 35-mph zone in Corfu by Officer Richard Retzlaff.

Galen Bena Sundown, 24, of Council House Road, Tonawanda Indian Reservation, is charged with: DWI; driving with a BAC of .18 or greater; unreasonable speed; drinking alcohol in a motor vehicle; and driving on public highway while using a mobile phone. Sundown was reportedly involved in a personal-injury accident at 2:34 a.m. Sunday on Council House Road, Alabama. The accident was investigated by Deputy Howard Wilson and Deputy Howard Carlson.

Sandra J. Kessler, 45, of Lewiston Road, Batavia, is charged with DWI and driving while impaired by drugs. Kessler was arrested following an investigation of a reported suspicious condition on Ellicott Street, Batavia, by Deputy Howard Wilson, at 11:12 p.m. on Friday.

Anthony Professor Blackwell, 39, of George Urban Boulevard, Cheektowaga, is charged with criminal mischief, 3rd. Blackwell turned himself in on a warrant. He was jailed on $5,000 bail.

Photos: Green Day packs a high-energy performance at Darien Lake

By Steve Ognibene

Punk rock band Green Day, along with special guest Catfish and the Bottlemen, performed last evening at Darien Lake Performing Arts Center in front of a nearly sold-out, jumping crowd. The band is on their Revolution Radio Tour opening with "Know Your Enemy," during which they asked a fan to join them on stage.

Billy Joe Armstrong and his head-spinning members have not lost the beat of their multi-decade followers, who continued to shake the venue to new levels. The explosive pyrotechnics of white and orange sparks heated up the zoo of many faces to be entertained.

The crowd was outspoken for singing lyrics of songs like "Welcome to Paradise," "American Idiot," "21 Guns" and "Good Riddance." The two-plus hours fueled an energetic night for all who attended.

Rollover accident with unresponsive driver reported on Simonds Road, Darien

By Billie Owens

A single-vehicle rollover accident is reported at 10058 Simonds Road. The vehicle rolled over several times, according to the person calling dispatch. The driver is unresponsive.

Darien Fire Department and Mercy medics are responding.

UPDATE: A male driver suffered serious injury. Taken to ECMC by Mercy Flight. A female passenger transported to strong by ground ambulance with non-life-threatening injuries. Sheriff's Office investigation underway. Crash Management Team on scene.

UPDATE 7:30 a.m.: The driver has been identified as Timothy W. Rohl, 51, of Cedarwood Terrace, Rochester. The passenger was Christine L. Ost, 41, who was also the owner of the 2005 Ford Escape. The vehicle was eastbound on Sumner Road when it failed to negotiate a left curve in the roadway and traveled off the east shoulder of Simonds Road. The vehicle rotated counterclockwise, traveling off the west shoulder of the road, down an earth embankment, which caused it to rollover and come to rest on its wheels facing south. The crash is under investigation and charges are pending. Unsafe speed is considered to be a factor in the crash. The investigation is being conducted by Sgt. Jason Saile, Investigator James Diehl, Deputy and Ryan DeLong. Assisting at the scene were Darien fire, Mercy EMS and NYSP.

Photo by Alecia Kaus/Video News Service.

Weeklong trial in sex act case ends in guilty verdict

By Howard B. Owens

A trial that Judge Charles Zambito expected to last four days stretched into a fifth day today with two-and-a-half hours of closing arguments by the two attorneys before the jury was given a chance to deliberate.

Deliberations didn't last long and David K. Atkinson was convicted of criminal sexual act in the first degree.

Atkinson was on trial for forcing a woman he was living with into performing oral sex on him.

It was an act he recorded live and streamed for a man living in Darien whom he apparently suspected of getting involved with the woman. This was apparently supposed to show the Darien man that the woman was still with Atkinson and staying with him.

Jamie Walsh, an attorney with the Public Defender's Office, represented Atkinson and argued that the sexual act was entirely consensual and that Atkinson and the woman had been cuddling before she agreed to perform the act and that she took her shirt off.

The incident started after Atkinson found text messages on the woman's phone between the woman and the man in Darien. This act was supposedly "makeup sex."

There was disagreement between the defense and the prosecution as to how a mobile phone came to be destroyed by a clawhammer and how Atkinson's guitar came to be used as a weapon against the television set in the residence.

Assistant District Attorney Robert Zickl said there was nothing about the event that suggested it was consensual, that the woman felt threatened and forced to perform the act. He said although the video is dark, the woman clearly still had her shirt on, and the language of Atkinson hardly fits his definition of "romantic." Besides, Zickl noted, it seemed odd that a man who claimed he had just been cuddling with his woman and was now getting a consensual and romantic sexual favor, still had his boots on and his pants buckled.

Six arrests reported at Goo Goo Dolls concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Goo Goo Dolls concert at Darien Lake Performing Arts Center on Sunday:

A 17-year-old of Lincoln Avenue, Dunkirk, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana after allegedly being found in possession of a controlled substance and marijuana.

Kevin R. Dawidowicz, 41, of Maywood Place, Buffalo, is charged with reckless endangerment, 2nd, after allegedly striking a Darien Lake security officer with his vehicle.

Kevin M. Buisman, 32, of Elmwood Avenue, Tonawanda, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Colleen K. O’Donnell, 26, of Warsaw Street, Cheektowaga, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Cody Z. Woodhouse, 28, of Robinson Street, Hamilton, Ontario, Canada, is charged with criminal trespass, 3rd, after allegedly entering the venue without a ticket.

Samuel P. McCaslin, 27, of Vahn Street, East Concord, is charged with trespass after allegedly attempting to re-enter the concert venue after being ejected and told not to return.

Law and Order: Friend picking up friend at jail accused of driving drunk to get there

By Howard B. Owens

Nicholas Edmund Kaiser, 26, of Westbourne Drive, Tonawanda, is charged with felony DWI and felony driving with a BAC of .08 or greater. Kaiser was arrested after arriving at the Genesee County Jail at 1:35 a.m., Sunday, to pick up a friend who had been arrested for DWI earlier in the night. Upon Kaiser's arrive, officers suspected Kaiser of being intoxicated. He submitted to a field sobriety test. 

Jamie Ann Dorazio, 24, of Broad Street, Tonawanda, is charged with DWI, driving with a BAC of .08 or greater and failure to obey police officer. Dorazio was stopped at 11:44 p.m., Saturday, following a traffic stop on Sumner Road, Darien, by Deputy Eric Meyer.

Jeffrey Alexander Cardenas II, 26, of Lake Street, Le Roy, is charged with driving while impaired by drugs and failure to keep right. Cardenas was arrested after Deputy Mathew Clor responded to a complaint of a vehicle off the road on Lake Street Road, Le Roy, at 12:18 a.m., Saturday.

David James Leroy, 25, of Sumner Road, Darien, is charged with obstructing governmental administration, 2nd. Leroy was arrested after deputies and troopers responded to a check-the-welfare call at a location on Sumner Road, Darien. Leroy allegedly interfered with the deputies and troopers.

Ronald D. Ashton III, 24, of Bennett Street, Buffalo, is charged with aggravated unlicensed operation, suspended registration and driving to left on crest/grade curve. Ashton was arrested on a warrant for alleged failure to appear in Town of Bethany Court on charges stemming from 2016.

Kelly Ann Kasper, 47, of Judge Road, Alabama, is charged with criminal contempt, 2nd. Kasper allegedly struck a person who was the protected party in an order of protection.

Teshawn Anthony Lang-Smith, 21, of Dellinger Avenue, Batavia, is charged with criminal mischief, 3rd. Lang-Smith is accused of damaging property at a party at 3:15 a.m., Aug. 30, 2014.

Photos: Rainbows in Batavia and Darien

By Howard B. Owens

Brandi Kaplun sent in this picture of a rainbow over St. Jerome's in Batavia and a reader submitted the rainbow picture below from Darien.

Eight arrests at Dierks Bentley concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Dierks Bentley concert at Darien Lake Performing Arts Center on Friday:

Johnathan D. Haw, 18, of Domenic Crescent, Niagara Falls, Ontario, Canada, is charged with trespass after allegedly attempting to re-enter the concert venue after being ejected and told not to return. Haw was arraigned in Darien Court and jailed in lieu of $150 bail.

Michael T. Smith, 20, of Lake Glenn Drive, Livonia, is charged with criminal trespass, 3rd, after allegedly re-entering the concert venue after being ejected and told not to return.

Nicholas D. Pszczolkowski, 21, of French Lea, West Seneca, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Evan M. Dunham, 23, of Glendale Road, Brockport, is charged with harassment, 2nd, after allegedly striking a Live Nation security officer in the face and chest.

Kimberly A. Stanton, 24, of Seneca Street, Baldwinsville, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Taylor E. Grenier, 18, of Cabrie Circle, Pittsford, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

A 17-year-old of Wildberry Lane, Pittsford, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return.

Robert J. Moore, 20, of Greenway Blvd., Churchville, is charged with trespass after allegedly re-entering the concert venue after being ejected and told not to return.

Law and Order: Two DWI arrests

By Howard B. Owens

Michael A. Young, 36, East Avenue, Attica, is charged with DWI, driving to left of pavement markings and speeding. Young was allegedly driving 75 mph on Main Street in Alexander at 2:26 a.m. when he was stopped by Deputy Howard Wilson. Further charges pending results of a blood test.

Creagan Tuirc MacLaren, 18, of West Kendal Road, Holley, is charged with DWI, driving with a BAC of .08 or greater, and unsafe start. MacLaren was stopped at 11:17 p.m. Sunday on Route 77, Darien, by Deputy Jenna Ferrando.

Darien Town Justice Gary A. Graber thanked for teaching about Commercial Vehicle Law at National DAs conference

By Billie Owens

Gary A. Graber, town justice in Darien and Darien Center, attended the National District Attorneys Association's Commerical Driver License/Commerical Motor Vehicle Conference in Cincinatti, Ohio, this summer.

He spoke, from a judicial perspective, on Commerical Vehicle Law.

In a July 6 letter thanking him for his contribution to the conference, National Traffic Law Center Director Thomas Kimball wrote:

"Dear Judge Graber:

"On behalf of the National Traffic Law Center and all the participants in our class, let me extend out deepest gratitude for your valued contribution to traff safety at NDAA's CDL/CMV Conference in Cincinnati, Ohio, was June 15-16, 2017.

"Your judicial perspective on Commercial Motor Vehicle Law was extremely informative and very well received. Many participants commented on how helpful your discussions were, especially as it relates to the topic of Masking.

"We recognize the substantial time and energy you put into your teaching segments and arranging your visit.

"Thank you again for your contribution and your consistent partnership with the National Traffic Law Center."

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Roadside dispute occurring on Sumner Road, machete and long gun displayed

By Billie Owens

Between four to six vehicles are roadside on Sumner Road in Darien -- didn't get the address -- and the occupants are outside in a dispute. One male with a beard displayed a long gun; another male is armed with a machete. The occupant with a long gun allegedly came out of a gray Dodge Ram pickup with North Carolina plates. Genesee County Sheriff's deputies just arrived on scene.

Drivers beware: Goats ambling on Sumner Road

By Billie Owens

A Genesee County Sheriff's Deputy is responding to the area of 1044 Sumner Road, Darien Center, for a report of goats in the road.

UPDATE 2:10 p.m.: A deputy is on scene. He asked whether the animal control officer was responding and was told she was on another animal complaint. Subsequently, she cleared and said "I'm available for any goat calls." She asked the deputy is she's still needed out there and he said yes because "I can't fit all seven (goats) in my car."  She asked if the owner was there. And he said he's been asking the goats and "all they say is the same thing 'baaah'. " She replies that that might mean 'no' in goat speak. The animal control officer is on her way to Sumner Road.

UPDATE 2:48 p.m.: The animal control officer is once again having a very busy day. Now she's wanted on Overlook Drive at the Country Meadows Trailer Park for the report of a 14-year-old who was bitten by a stray cat. But alas, "I can't right now, I'm stuck in the driveway at the goat house," she tells a dispatcher, who will call for help for her as needed.

UPDATE 2:54 p.m.: She's clearing "the goat house" and able to leave for Overlook Drive. She says the goat owner has been given pointers with regard to fencing to resolve the problem so the goats stay put.

Law and Order: Dellinger Avenue man accused of possessing burglary tools and tampering with evidence following trespass at Lehigh Avenue business

By Billie Owens

Joseph Michael Franchi-Platten, 33, of Dellinger Avenue, is charged with: criminal possession of a controlled substance, 7th; criminal use of drug paraphernalia, 2nd; possession of burglar tools; and tampering with physical evidence. He was arrested on July 19 following an investigation into a trespass at a local business at 2:20 a.m. that morning on Lehigh Avenue in Batavia. There was a brief vehicle pursuit. He was arrested and jailed on $20,000 cash or $40,000 bond and was due in City Court on July 20. The case was handled by Batavia Police Offficer Peter Flanagan, assisted by Officer Darryle Streeter.

A 15-year-old was petitioned to Family Court for "unlawful possession of a weapon -- person under 16 years of age" in response to an altercation which occurred on Holland Avenue on June 9. On that date, at about 4:37 p.m., Batavia Police were called to Holland Avenue and Olyn Avenue for a report of several people fighting in the street. Upon arrival, police learned that at least one subject had been shot with a BB gun. While police were on scene, another fight broke out. Lionel J. Anderson Sr., 45, of Oak Street, Batavia, was arrested for disorderly conduct for allegedly fighting. Jaequele M. Tomlin, 22, of East Main Street, Batavia, was arrested for disorderly conduct, second-degree attempted assault, second-degree obstruction of governmental justice, and resisting arrest for allegedly fighting in the street and then fighting with officers. A 16-year-old was arrested for criminally using drug paraphernalia, 2nd. Anderson Sr. and the 16-year-old were released with appearance tickets for Batavia City Court on June 13. Tomlin was jailed without bail and was to appear in City Court on June 12. The individual who shot the BB gun was a juvenile and there was at least one injury resulting from the shots. The victim was treated and released from UMMC. This information was provided by Det. Eric Hill of the Batavia Police Department.

Nickolas Lewis Ives, 31, of Wendel Avenue, Tonawanda, is charged with fourth-degree criminal mischief. At 1:15 p.m. on July 22, Ives allegedly broke the window of a camper owned by Darien Lake Theme Park. It was in the campground on Alleghany Road. He was issued an appearance ticket and is due in Darien Town Court on Aug. 1. On the same date as this alleged incident, Ives was also charged with: criminal contempt in the second degree; fourth-degree criminal mischief; disorderly conduct; and second-degree harassment. It is alleged that he violated a duly served order of protection by "threatening, swearing at, and damaging the property of the protected party." He was subsequently jailed on $7,500 cash or $15,000 bond. Both cases were handled by Genesee County Sheriff's Deputy James Stack.

David Lavelle Andrews, 29, of State Street, Batavia, is charged with: second-degree obstruction of governmental administration; failure to keep right; operating a moving vehicle while using a portable electronic device; and aggravated unlicensed operation in the second degree. Andrews was arrested following a traffic stop on East Main Street in Batavia at 10:28 p.m. on July 19. He was stopped for allegedly failing to stay right and using a mobile device while driving. During the traffic stop, he fled on foot and was apprehended a few minutes later by Batavia Police and Genesee County Sheriff's deputies. Andrews had a warrant out of City Court for traffic offenses and was also operating on a suspended driver's license. He was arraigned in City Court then released on his own recognizance. He was jailed on $2,500 cash or bond and is due in City Court on July 27. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Stephen Cronmiller.

Morgan L. Cox Sr., 49, of Dellinger Avenue, Batavia, is charged with criminal mischief in the fourth degree -- intentionally damaging property. Cox Sr. was arrested at 6:53 p.m. on July 22 after officers were dispatched to Dellinger Avenue for a male subject who was banging on a door with a cane. Officers identified the suspect as Cox Sr. and he was arrested and arraigned in Town of Batavia Court. He was put in jail. He is due in City Court on July 25. The case was handled by Batavia Police Officer Nicole Salamone, assisted by Officer Matthew Lutey.

Morgan L. Cox Jr., 25, of Xavier Street, Clarence, was arrested on July 23 on a bench warrant out of Batavia City Court. It was issued after Cox allegedly violated the terms of his release. He was jailed on $2,500 cash or bond and is due in City Court on July 27. The case was handled by Batavia Police Officer Christopher Lindsay.

Patricia Christina Pozotempan, 36, of Masse Place, Batavia, is charged with petit larceny and endangering the welfare of a child. She was arrested at 12:20 p.m. on July 19 on West Main Street in Batavia following a shoplifting complaint and a subsequent investigation at Tops Market. She was issued an appearance ticket for July 25 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Sgt. Dan Coffey.

Donnie D. Armstrong Jr., 20, of North Spruce Street, Batavia, is charged with petit larceny and criminal possession of stolen property in the fifth degree. On the morning of July 19 at the Richmond Memorial Library on Ross Street, Armstrong Jr. allegedly stole a bicycle that belonged to another person, from the bike rack in front of the library. He was later located by police in alleged possession of the stolen bike. He was issued an appearance ticket for City Court on July 25 to answer the charges. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Jason Davis.

Meghann Barrett Williams, 38, of Abbott Road, Orchard Park, is charged with trespass. Williams was arrested following a brief investigation into an incident occurred at 4:55 p.m. on Bethany Center Road in the Town of Bethany. She was allegedly trespassing on property without the owner's consent. She is due in Bethany Town Court on Aug. 22. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Ira James Blackey, 67, of Broadway Street, Lancaster, is charged with: operating a motor vehicle with a BAC of .08 percent or higher; DWI; driving left of pavement markings; and following too closely. Blackey was arrested at 6:34 p.m. on July 23 on Broadway Road in Alexander following a traffic stop. The defendant was released with appearance tickets and directed to appear in Alexander Town Court on Aug. 29. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Clifford F. Schultz, 51, of Bank Street, Batavia, is charged with second-degree harassment. It is alleged that he threatened another person at 12:18 a.m. on Bank Street in Batavia. He was issued an appearance ticket and is due in City Court on July 25. The case was handled by Batavia Police Officer Eric Bolles, assisted by Officer Stephen Cronmiller.

Juan Antonio Roman, 39, of Bergen Road, Bergen, is charged with promoting prison contraband. He was arrested at 11:05 a.m. on July 21 after entering the Genesee County Jail. It is alleged that he possessed contraband/drugs after entering a secure facility. He was held and taken to Batavia City Courts "for arraignment on unrelated charges," according to the Sheriff's report. Genesee County Sheriff's Deputy Andrew Hale handled the case.

Nicholas C. Doell, 26, no permanent address, was arrested at 7:22 a.m. on July 19 after an investigation into a trespass in progress at a business on Jackson Street. He was issued an appearance ticket for City Court on July 25. The case was handled by Batavia Police Officer Frank Klimjack handled the case, assisted by Officer Kevin DeFelice.

Nicholas D. Martino, 36, of Main Street, Alexander, is charged with failure to appear. Martino turned himself in on an active bench warrant out of City Court for allegedly not appearing for a scheduled court date for an unspecified matter on Feb. 8. He posted bail and is due in City Court on July 25. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Couple from Grand Island only two people arrested at Chicago concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Chicago concert at Darien Lake Performing Arts Center on Tuesday:

Jaqueline M. Walker, 48, of Wallace Drive, Grand Island, is charged with resisting arrest and two counts of harassment, 2nd, after allegedly kicking and striking several Live Nation security officers and then resisting arrest by kicking deputies while being taken into custody.

Mark P. Walker, 49, of Wallace Drive, Grand Island, is charged with harassment, 2nd, after allegedly punching a Live Nation security officer in the face.

Five arrested at Chris Stapleton concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Chris Stapleton Concert at Darien Lake Performing Arts Center on Sunday:

Jeremy A. Wicks, 34, of Beebe Road, Afton, is charged with unauthorized use of a vehicle after allegedly taking a Darien Lake golf cart without permission. Wicks was arraigned in Darien Court and put in jail in lieu of $500 bail.

Russell P. Vincent Jr., 18, of Chestnut Road, Newfane, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Brandon M. Welsh, 29, of Main Street North, Jarvis, Ontario, is charged with harassment, 2nd, after allegedly having unwanted contact with a Live Nation employee.

Amanda M. Ott,  30, of East Avenue, Lockport, is charged with harassment, 2nd, after allegedly pushing a Live Nation employee in the chest.

Kaitlyn M. Hornburg,  20, of Seger Road, Sinclairville, is charged with harassment, 2nd, after allegedly spitting in a Live Nation employee's face.

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