Darien

A motor-vehicle accident with is reported at Herkimer and Warner roads. Extrication is needed. Darien fire and rescue responding.

UPDATE 5:28 a.m.: Mercy medics are called to the scene.

UPDATE 5:32 a.m.: The victim has been "cut away" from entrapment but will remain in the vehicle until medics arrive.

UPDATE 5:36 a.m.: The chief tells medics, who are about 10 minutes away, that the victim's primary complaint is lower right leg pain. No cuts, abrasions or loss of consciousness. He is to stay in the vehicle "due to the weather."

UPDATE 5:40 a.m.: Command says to dispatch "Start me a tow for a full-size Chevy Suburban, thoroughly totaled and wedged between two trees about 30 feet off the road."

UPDATE 5:54 a.m.: The patient is now on a stretcher, being readied for hospital transport.

UPDATE 6:10 a.m.: Mercy medics are taking the patient to Erie County Medical Center.

Route 20 in Darien is closed for an accident involving a tractor-trailer that hit at least one utility pole. 

A second truck apparently became entangled in low-hanging power lines following the initial accident. 

The driver of that truck has been instructed to stay in his cab pending arrival of National Grid. 

Two utility poles are down.

The first truck may be transporting some sort of radioactive material, perhaps used in X-rays. 

Darien Fire Department is on scene. 

Alexander fire has Route 20 shutdown at Route 98. 

UPDATE 12:39 a.m. : A chief informs dispatch, "we have power lines down on both sides of the road and a truck in the middle of the road that is energized. We're really not going to be able to do anything until National Grid gets here. No ETA for National Grid. 

UPDATE 5:41 a.m.: Route 20 is being reopened.

Robert Daniel Nowakowski, 38, of Bonnie Brae Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Nowakowski was arrested following an investigation into a traffic accident on Route 20, Darien, at 6:39 p.m., Thursday. Nowakowski stated he swerved to avoid a deer and reportedly overcompensated. His car struck a National Grid utility pole, shearing the pole near ground level. The accident was investigated by Deputy Patrick Reeves. (Initial Report)

Richard Matthew Godlove, 35, of Main Street, Oakfield, is charged with DWI, driving with a BAC of .08 or higher, failure to obey traffic control device, moving from lane unsafely and failure to notify DMV of address change. Godlove was involved in a motor vehicle accident at 7:03 a.m., Sept. 14 on Route 237, Byron. Godlove reportedly drove his vehicle on a closed portion of Route 237 and struck a concrete barrier. Godlove was arrested following completion of a toxicology test.

Ellen Marie Martinez, 26, of Main Street, Batavia, is charged with falsifying business records, 1st, and grand larceny, 3rd. Martinez is accused of falsifying Section 8 records while receiving benefits through Pathstone, resulting in $10,054 in wrongfuly obtained benefits.

A car rammed into a power pole at 2510 Broadway Road (Route 20), west of Darien Alexander Townline Road. Live wires are down, a transformer is also down and leaking fluid. "The road is smoldering from arcing wires." Darien fire is responding and Mercy medics.

UPDATE 6:48 p.m.: Alexander Fire Police are called to stop all westbound traffic on Route 20 at Route 98. National Grid has been notified; no ETA given. A responder says a live line is down across the car. The driver is out and denies any injuries.

UPDATE 7:05 p.m.: Attica Fire Police are responding to shut down eastbound traffic on Route 20 at Route 238.

UPDATE 7:54 p.m.: The power for the lines has been shut off.

UPDATE 8:07 p.m.: Route 20 is reopened. Darien, Attica and Alexander are back in service.

Some time prior to 2010, a family in Darien decided to build a new house on land outside of the county's defined development area.

Since then, they've had to pay a water district tax of about $400 a year even though they've twice been denied an application to hook up to the water system.

Yesterday at the Public Service Committee meeting, David Hagelberger, Town of Darien supervisor, appealed to the Legislature on the resident's behalf to allow a water hook-up for the home.

Rather than take action immediately, the committee asked County Planning Director Felipe Oltramari to find the minutes for the meetings where first the county's water committee and then the county's planning board denied the water hook-up applications.

In 2001, when the county's current water system was being developed, the state required the county to develop a plan to protect farmland, ensure development took place in already developed areas and encourage revitalization of existing industrial areas, business districts and residential neighborhoods in the City of Batavia and developed village areas.

So the county adopted a "Smart Growth Plan" that defines development areas and establishes procedures for revising the plan.

The subject of the house in Darien came up now, again, because the county is wrapping up an every-three-year review of the plan and revising it to allow for development of the WNY STAMP project in Alabama.

Part of Hagelberger's argument on behalf of his local resident is that if the county can revise the plan for STAMP, why not revise it for this family as well?

After the meeting, Oltramari explained a little further why the Smart Growth Plan exists.

It's very easy for new development to follow infrastructure. By putting in the water system, without a plan, the county could lose a lot of farmland along the paths of water mains.

The concern has never really been about big developments, but about farmland disappearing in a piecemeal fashion -- a house here, a new business there, a little strip shopping mall on this or that lot. The goal of the Smart Growth Plan is to try and prevent that sort of development.

Since it was adopted, there have been 40 applications for development outside of a designated development area, Oltramari said, and all but three have been approved.

"For the most part, people understand -- keep out of farm fields," Oltramari said. "Keep it in the woods or where there's already a lot of housing, but not in the middle of a field, not in good productive farmland."

Oltramari noted that farming and residential development sometimes don't mix well.

"Farmers will tell you when you have a neighbor who doesn't really like your operations, they can make your life a nightmare," Oltramari said.

The county has no idea how the homeowners are getting water now. The is no known well on the property.

One reason the homeowners still must pay the tax for the water district is that particular district isn't bill on a per-hook-up basis, but rather is taxed based on land assessment for each parcel.

Land that is in an agricultural district is exempt from the tax, but for some reason that isn't clear, the house in Darien is outside the nearest ag district. Oltramari said it will take more research to figure out what happened in that particular case.

"Somebody can make the point that they do benefit from the water district because there is a fire hydrant available," Oltramari said. "Somebody could make that case."

DOWNLOAD: Smart Growth Plan (pdf)

A Niagara County police officer who was involved in an altercation at Darien Lake in 2012 admitted in county court today that her reckless conduct while intoxicated caused injuries to another concert goer.

Kelly L. Alcorn, 48, entered a guilty plea to third-degree assault, a Class A misdemeanor, with no condition on sentencing.

The Grand Island resident was originally arrested Aug. 25 and charged with harassment, 2nd, but after the victim in the case went to the media claiming serious injuries and drawing attention to Alcorn's law enforcement status, the District Attorney's Office took a closer look at the case.

In February, Alcorn was indicted on a single count of assault, 2nd.

As part of her plea today, Judge Robert C. Noonan asked Alcorn a series of questions, starting with whether she was at the concert and whether she was intoxicated, which Alcorn admitted.

When Noonan asked Alcorn if her body came into contact with the body of the victim, causing her to hit a cinder block wall, Alcorn conferred with her attorney.

Alcorn admitted to wrestling with the victim on the floor and hitting her and that those swings recklessly caused injury to the victim.

Section 120(7) of the NYS penal code defines one type of third-degree assault as recklessly causing injury to another person.

At time of sentencing, Alcorn will be seeking a relief from civil disabilities, which is a form Noonan can sign that would enable Alcorn to continue her law enforcement career, or take other government employment, or seek employment in certain state-licensed fields.

Sentencing is scheduled for 1:30 p.m., Jan. 9.

To the untrained eye, the 11 objects found in Darien last week look just like a handful of rocks, but archeologists have determined they are prehistoric artifacts. They're also a wrinkle in the county's plan to build a 21st Century emergency communications system.

The artifacts were found at the site of a planned communications tower near the Darien Fire Hall.

The county's contractor hired an Atlanta-based archeological firm to do a test dig on the site, which uncovered the artifacts.

The artifacts have not been dated nor their origin determined. They're just obviously very, very old.

Contrary to rumor, Undersheriff William Sheron said, the site is not an "Indian burial ground."

A report has been sent to the state's Office of Archeology and the county expects to receive instructions on what to do next.

Sheron noted that when Tops built a new distribution center off Genesee Street, an Indian burial ground was found and the project was delayed six months so the remains and artifacts could be properly secured.

In other words, Sheron said, the artifacts found in Darien do not necessarily mean the site can't be used for a communications tower.

The county is building three new towers as part of the $10.8 million communications upgrade project. While the county must complete phase one of the project -- under a federal mandate -- by February, the towers are all planned for phase two of the project, which isn't scheduled for completion until next summer. 

While the Sheriff's Office would like to stay on schedule, Sheron said officials recognize the find in Darien could delay construction of that tower.

"We hope it doesn't get delayed, but if there are issues that need to be addressed, we'll address them and meet whatever requirements we need to meet," Sheron said. "If it becomes cost prohibitive, we'll look for another site."

Previously:

• Sheriff's Office receives $5.4 million grant for radio system upgrade
• Grants and bond will pay for $10.8 million upgrade to emergency communications system
• It turns out, nobody currently makes scanners for the county's new emergency radio system

On a beautiful day, my day was lining up beautifully for me to have time in the late afternoon to go around looking for pictures to make.

Then we had the traffic snafu on Oak Street, so I got out and about some 45 minutes later than would be ideal.

All I came up with was this shot on Chick Road, Darien, which apparently, I've never been down before because I'd never before seen this car planted around a tree.

A two-vehicle accident is reported at 9970 Fargo Road in Darien. It is blocking traffic. One person is complaining of neck pain. A Sheriff's deputy is on scene. Mercy medics are responding. The location is between Bell and Reynolds roads.

Melissa A. Williams, 43, of Le Roy, is charged with petit larceny. Williams is accused of shoplifting at Tops in Le Roy.

Jerry Lee Eleczko, 25, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operator, failure to keep right and driving without insurance. Eleczko was stopped at 1:15 a.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Karl Edward Vattes, 39, of Habgood Road, Black Creek, is charged with criminal possession of a controlled substance, 7th, and promoting prison contraband. Vattes was allegedly found in possession of suboxone while incarcerated at the Genesee County Jail.

Richard Blaine Nichols IV, 19, of Townline Road, North Tonawanda, is charged with petit larceny and trespass. Nichols is accused of stealing scrap metal from Batavia Driving Academy property.

Donald Eugene Campbell, 55, of Church Street, Dansville, is charged with petit larceny. Campbell is accused of stealing $24.98 in merchandise from Kmart.

Patrick John Coffey, 48, of Beck Road, Attica, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in no passing zone, uninspected motor vehicle and insufficient tail lights. Coffey was stopped at 1:38 a.m. Saturday on Chick Road, Darien, by Deputy Jason Saile.

Justin Virgil Easterbrook, 31, of Gray Road, Albion, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Easterbrook was stopped at 4:23 a.m. Saturday on Fisher Road, Oakfield, by Deputy Joseph Corona.

Douglas G. Goodwin Jr., 22, of 130 Bank St., Batavia, is charged with reckless endangerment, 2nd. Goodwin is accused of pushing a woman out of a moving vehicle during an argument over property. The woman suffered an injury.

Patricia A. Dulmage, 19, of 20 1/2 Dellinger Ave., Batavia, is charged with petit larceny. Dulmage is accused of shoplifting at Dollar Tree.

Gerald E. Nicholson, 46, of 128 1/2 State St., Batavia, is charged with criminal obstruction of breathing/blood circulation. Nicholson was arrested following an alleged domestic incident. He was jailed on $5,000 bail or $10,000 bond.

Joseph G. Sumeriski, 21, of Warsaw, and Justin M. Johnson, 23, no permenant address, are charged with petit larceny. Sumeriski and Johnson were arrested by State Police for an alleged crime reported at 7:07 p.m. Aug. 22 in the Town of Pavilion. No further details released.

Press release from the state Department of Transportation:

A portion of Route 77 in Darien will close next week for railroad repairs. Motorists should allow extra time to take an alternate route.

The Norfolk Southern Railroad will be working on a grade crossing on Route 77 for approximately one week beginning Monday, Oct. 7. The road will be closed between Route 20 and Route 354. Access to all driveways will be maintained. Local traffic will be permitted up to the work site. Through traffic will be prohibited.

A detour will be posted directing traffic to utilize Route 238. This work is being performed under permit by Norfolk Southern Railroad.

For real-time travel information, visit www.511ny.org

Hundreds of runners were asked this morning to navigate a 5K course filled with zombies at Darien Lake Theme Park.

The rUNDEAD race was held to benefit Special Olympics and organized and supported by volunteers from throughout WNY, including a collection of zombies near the finish line who a part of the same group in Tonawanda.

Each runner was issued three flags. Those who managed to make it through the course with at least one flag was eligible for a prize. The zombies, rather than seeking the brains of runners, were hungry for flags.

Speed seemed essential when a runner needed to sprint through a gauntlet of zombies.

Say "Cheese" -- Arlowe Price, Fattie King and Sam Pecoraro. Price is the owner of Savage Buffalo Carnival whose family has been performing in carnivals and freak shows for five generations. He said he performs frequently in the Buffalo area, but has never been invited to perform anywhere in Genesee County. Here's his Facebook page.

Mike and Cindy Baskin, from Naples. They skipped today's Grape Festival to be zombies in Darien.

Brenda Fox, a proud member of The Batavian Club, and her daughter Indigo at the start line of the race.

To purchase prints of photos, click here.

A shed fire (which has also been referred to as a barn) is reported 653 Main Road in Pembroke near South Lake Road. Pembroke command on scene says "there are exposure issues," to a nearby structure. Route 5 and South Lake Road are being shut down. Called to provide mutual aid are: Darien, Corfu, East Pembroke, Indian Falls, Alabama, and Akron.

UPDATE 5:07 p.m.: The fire is knocked down. No exposures involved. They are doing rehab on the shed. Responders still headed to the scene are told to come in non-emergency.

UPDATE 6:13 p.m.: The road is reopened. All responders are back in service.

UPDATE (by Howard): Photos added. No official cause, but it's possibly an electrical fire according to preliminary indications. A van and an ATV were destroyed along with tools.

Information and photos provided by Tipping Point Media.

This weekend, Darien Lake Theme Park is hosting a Festival of Nations, celebrating cultures and heritages from around the world.

The festival features 19 various bands and dance teams from across Western New York from a variety of backgrounds – Middle Eastern, Brazilian, Irish, German, Polish, African American, Asian, and classic American Country.

The festival continues on Sunday with 11 different live performances from 11:30 a.m. to 5 p.m.

Not clear as to why, but all semi-trucks are to be rerouted at Texaco Town. Pavilion fire is to shut down big rig traffic at routes 63 and westbound 20. Darien is to do the same at routes eastbound 20 and 77.

UPDATE 5:41 p.m.: The road is reopened. The big rigs were briedly rerouted because of the accident on Route 20 (Broadway Road) in Alexander.

The following people were arrested during the Rascal Flatts concert at Darien Lake Performing Arts Center on Saturday.

Kelly D. Roth, 23, Hamilton Road, Jamesville, is charged with criminal trespass, 3rd, and disorderly conduct after allegedly reentering the concert venue after being ejected and told not to return and then causing a disturbance in the parking lot. Roth was jailed on $500 bail.

Christopher A. Shoemaker, 21, Ogden Road, Syracuse, is charged with disorderly conduct after allegedly causing a disturbance while being escorted off Darien Lake property. Shoemaker was jailed on $200 bail.

Brandon R. Innes, 18, Stoughon Lane, Orchard Park, is charged with criminal trespass, 3rd, disorderly conduct after allegedly reentering the concert venue after being ejected and told not to return and then causing a disturbance in the VIP parking lot. Innes was jailed on $1,200 bail.

Jessica A. Turner, 19, Taylor Road, Eden, is charged with disorderly conduct after allegedly causing a disturbance while being escorted from Darien Lake property.

Trevor B. Berberian, 19, State Route 80, Tully, is charged with disorderly conduct after allegedly causing a disturbance while being escorted from Darien Lake property.

Kassandra R. Kerves, 24, North Greece Road, Rochester, is charged with disorderly conduct after allegedly causing a disturbance while leaving the concert venue.

Danielle A. Schulik, 22, Alfonso Drive, Rochester, is charged with disorderly conduct after allegedly fighting in the parking lot.

BrittaA. Schulik, 25, Alfonso Drive, Rochester, is charged with disorderly conduct after allegedly fighting in the parking lot.

Daniel R. Clever, 20, Bear Lake Road, Stockton, is charged with disorderly conduct after allegedly fighting with security while being escorted from the concert.

Adam E. Kress, 21, Haseley Road, Gasport, is charged with disorderly conduct after causing a disturbance in the parking lot.

Crystal J. Spurling, 20, Strouts Road, Elba, is charged with unlawful possession of marijuana and possession of alcohol under 21 after allegedly being found in possession of marijuana and alcohol.

Timothy M. Lincourt, 65, Rush-Lima Road, Honeoye, is charged with DWI after allegedly being found operating a vehicle in the parking lot while impaired by alcohol.

Anna M. Jones, 19, Victoria Boulevard, Kenmore, issued a citation for allegedly possessing another’s license after being found in possession of another person's NYS driver's license.

Emily H. Thomson, 17, Kent Street, Queenston, Ontario, Canada, issued a citation for allegedly possessing a fraudulent driver’s license after allegedly being found in possession of a fake British Columbia driver's license.

Eric S. Bagne, 20, Main Street, Walworth, issued a citation for possession of another’s license and possession of alcohol under age 21 after allegedly being found in possession of another person's NYS driver's license and alcohol.

(Name redacted), 16, Rockdale Drive, Amherst, issued a citation for possession of an altered license after allegedly being found in possession of an altered NYS driver's license.

The following people were issued citations for alleged possesion/consumption of alcohol under age 21.

Rachel E. Derosia, 19, Hawley Drive, Webster
Casey I. Balsom, 19, Emerson Drive, Amherst
Michael R. Wneck, 20, Whitney Road, Holland
Jacob G. Savage, 20, Parker Road, Holland
(name redacted upon request), 19, Lapp Road, Clarence Center
Zachary A. Savage, 20, Lewis Road, Holland
Alexis M. Reile, 19, Hunters Creek Road, South Wales
Francesca M. Clemente, 19, Bowen Road, Churchville
Nicholas R. Graham, 19, Elwood Drive, Rochester
Kathryn E. Pietropaolo, 19, Sothery Place, Rochester
Thomas M. Clark, 20, German Road, Ransomville
Ryan D. Brosi, 19, Tyler Terrace, Hilton
Jonathan R. Mcdonough, 17, Sherwood Avenue, North Tonawanda
Kiersten A. Kline, 19, Green Street, Seneca Falls
Courtney L. Fox, 18, Hertle Avenue, Buffalo
James D. Palma, 20, Twin Hills Drive, Syracuse
Margaret K. Bailey, 18, Vernon Place, Buffalo
Olivia M. Sunzeri, 18, Apple Street, Bath
Nicole M. Aldrich, 20, Shoshone Street, Buffalo
Devon M. Reynolds, 18, Knox Avenue, West Seneca
Brianna M. Cordova, 19, Concord Road, Springville
Kirstie M. Dlugosz, 18, South Prince Depew

The following people were arrested during the  Maroon 5 Concert at Darien Lake Performing Arts Center on Wednesday.

Emily L Simmons, 21, North Central Avenue, Springville, is charged with two counts of second-degree harassment after allegedly grabbing a security guard by the head and then kicking several deputies and security guards. Simmons was jailed on $250 bail.

Patrick P. Sheridan, 45, Via Cimato Drive, Clarence Center, is charged with second-degree harassment and resisting arrest after allegedly pushing a security guard and then resisting arrest by refusing to be taken into custody.

David J. Irwin, 49, Pinyon Court, Clarence Center, is charged with two counts of second-degree harassment after allegedly pushing a security guard and then pushing and hitting another security guard in the face.

Joseph M. Ciliberto, 42, Pine Terrace, Orchard Park, is charged with second-degree harassment after allegedly striking a deputy during an investigation. Ciliberto was jailed on $250 bail.

Kara M. Balog, 22, Cochran Avenue, Springville, is charged with second-degree harassment after allegedly pushing a deputy after repeatedly being told to leave the venue. Balog was jailed on $200 bail.

Amanda N. Hayden, 21, Hefner Drive, Webster, is charged with disorderly conduct and second-degree harassment after allegedly causing a disturbance in the venue and then punching a deputy in the chest after being instructed to leave the concert venue. Hayden was jailed on $300 bail.

Amanda C. Snyder, 20, Woodhaven Circle, Hamburg, issued a citation for using another’s license.

The following people were cited for alleged consumption or posession of alcohol under age 21:

Brandi L. Hartman, 19, Railroad Avenue, Arcade
Emily M. Nichol, 20, Celtic Lane, Rochester
Marissa J. Lake, 19, Chesterton Road Rochester
Amber M. Adolf, 19, French Lea Road, West Seneca

The most significant news out of County Court today is that Craig Lawson showed up.

Lawson is accused of hitting Jason McNeil, a former WNY resident living in Alabama, following the Kid Rock Concert at Darien Lake in July.

Following the punch, according to court documents, McNeil's head hit the ground. He was in a coma for more than a week and has been hospitalized since.

Initially, Lawson, who lives in Canada, was charged with a misdemeanor, assault 3rd, and bail was set at a mere $1,000.

Once it became apparent that McNeil's injuries were serious and McNeil might face an upgraded charge, there was concern in the community that Lawson would just skip his next scheduled court appearance.

Last month, a grand jury indicted Lawson on a single felony count of second-degree assault.

Today, Lawson appeared before Judge Robert C. Noonan and pled not guilty.

To win a conviction on an assault, 2nd, charge in New York, a prosecutor must prove that the defendant intended to cause serious physical injury.

Noonan dismissed a similar charge against Jacquetta Simmons in the Walmart case, ruling that the grand jury had not received enough evidence to sustain the assault, 2nd, count (Simmons was convicted by a jury on a subsection of assault in the second degree dealing with hitting and injuring an elderly person).

Mike Ranzenhofer, co-counsel with Buffalo attorney Joel Daniels, for Lawson, said it's hard to compare different cases and until the defense has received all of the supporting documents from the DA's office, it's hard to say if the charge can be supported.

But he expressed skepticism that his client is guilty as charged.

"This is a one-punch situation," Ranzenhofer said. "I don't think anything was intended here. That's pretty clear. But we'll have look at the documents once we get them."

The DA's office is dealing with another reportedly one-punch assault case right now, as well.  Last month, Batavia resident Scott Baker suffered a fractured skull when he was punched on Harvester Avenue. In that case, Shane Bell is accused of delivering a single punch that was the direct cause of Baker's injury.

Baker remains in critical condition and in a coma at ECMC.

Lawson is accused of delivering a hit that caused the victim to fall to the ground and hit his head.

Assistant District Attorney Robert Zickl said that of course the DA's office believes it can get a conviction on the crime as charged.

"We're very confident presenting that to the court and ultimately to a jury," Zickl said.

Last week, a page that had been set up by Pam McNeil to supply followers with status updates about her husband's medical condition, reported that McNeil was improving and that she was hopeful he would soon return home to Alabama.

Two nights ago, McNeil complained in a status update that the media was using the page to "harass" her and announced she would be removing the page from Facebook. As of today, the page no longer exists. She offered no details on what she considered harassment.

A 53-year-old Darien resident is accused of making a sexual advance two weeks ago toward a 14-year-old boy while at the Le Roy Community Pool.

Robert F. Williams, of 10933 Townline Road, Lot 18, Darien, is charged with one count of endangering the welfare of a child.

Williams is accused of offering the boy oral sex while at the pool on Aug. 21.

Following arraignment, Williams was released under supervision of Genesee Justice.