Darien

Eric Halsey, 22, of 2 Goade Park, Batavia, is charged with felony DWI, unlawful possession of marijuana, failure to keep right and using handheld mobile phone device while operating a motor vehicle. Goade was stopped by Le Roy PD after allegedly crossing a center yellow line. He allegedly has a prior DWI conviction in the past 10 years. Halsey was jailed without bail.

Kevin Bruce Martin, 29, of 20th Street, Niagara Falls, is charged with criminal possession of a controlled substance. Martin turned himself in to Niagara Falls PD on a bench warrant issued out of Town of Batavia Court. Following arraignment in Town of Batavia, he was jailed on $500 bail.

Jeffrey Russell Hamill, 34, of Glenwood Drive, Attica, is charged with DWI, speed not reasonable and prudent, moving from lane unsafely and refusal to take breath test. Hamill's arrest follows an investigation by Deputy Jason Saile into a motor vehicle accident at 4:41 a.m., Feb. 3, on Route 238, Darien.

Each time Niagara Falls police officer  Kelly Alcorn has appeared in court, it's been to answer to a new charge stemming from the same alleged incident Aug. 25 at the Darien Lake Performing Arts Center.

Each time she's entered a not guilty plea.

"And we mean it," said her attorney Norman Effman after her appearance in Genesee County Court this afternoon.

Alcorn is accused of getting into a scuffle with another patron inside the ladies' room at the Jason Aldean concert.

According to an indictment handed down by the Genesee County Grand Jury, Alcorn allegedly slammed the victim's head against a cinder block wall.

Alcorn was originally charged with misdemeanor harassment, but the alleged victim contacted Buffalo media to complain that she had been much more seriously injured and that she thought Alcorn should face a more serious charge.

A few weeks later, Genesee's District Attorney's Office upgraded the charge to third-degree assault after reportedly receiving medical reports, and then when the case was presented to the grand jury, the charge became assault in the second degree.

As a 20-year veteran of law enforcement, a felony conviction could end her career.

Effman confirmed today that Alcorn is currently suspended without pay.

During bail review with Noonan, Effman said that Alcorn is divorced, lives in Grand Island and shares custody of her two teenage children with her ex-husband.

She was released on her own recognizance, as she has been since her initial arrest.

The case reached this stage, Effman said, largely because of pressure exerted by the alleged victim, who has pushed the case through the media.

Effman said that any time a defense attorney takes on a case, he starts preparing for trial, but in the Alcorn case, Effman said he thinks a trial is likely, rather than a plea deal.

"She has a positive history in law enforcement," Effman said. "She has a positive history as a citizen. All of that will play into how we defend the case."

A 25-year-old man from Darien was pronounced dead at the scene of a two-car accident on Route 238, Town of Darien, this morning.

Timothy R. Bezczynski was pronounced dead by Coroner Kristine Flanagan.

The driver of the other car, Mary P. Dufour, 59, of Dale, was transported to ECMC by an ambulance with a fractured leg and other injuries.

A Mitsubishi Lancer driven by Bezczynski and a Chevrolet Trailblazer driven by Dufour hit head on on snow-covered Attica Road about a mile southeast of Griswold Road shortly after 6 a.m.

A deputy who arrived on scene first notified dispatchers of a possible fatality.

Darien Fire Department and Ambulance Service and Mercy EMS were dispatched. Mercy Flight was grounded due to weather.

The cause of the accident remains under investigation. Deputy Chief Gordon Dibble said that investigators have yet to determine which vehicle crossed the center line.

Bezczynski was headed eastbound and Dufour was westbound.

Both victims required extrication from their vehicles by Darien fire volunteers.

Route 238 was closed in both directions for about three hours following the accident.

Assisting in the investigation are Deputy John Weis, Deputy Lonnie Nati, Deputy Jason Saile, Deputy Eric Seppala and Sgt. Brian Frieday.

Alexander fire and Attica fire assisted with traffic control. Mercy EMS also assisted at the scene.

A serious injury two-car accident is reported on Attica Road (Route 238) near Griswold. A Sheriff's deputy is on scene and Darien fire and ambulance are responding along with Mercy medics from the city.

Traffic at routes 20 and southbound 238 is being shut down. Fire police from Alexander and Wyoming County are called to assist with traffic. Mercy Flight is unavailable due to weather.

UPDATE 6:32 a.m.: Traffic police are called to Darien-Alexander Townline Road for traffic control.

UPDATE 6:34 a.m.: It's a head-on collision and members of the Crash Management Team are responding to the scene.

UPDATE 6:40 a.m.: A patient has been extricated from one of the vehicles.

UPDATE 6:44 a.m.: Darien ambulance is transporting a patient to Erie County Medical Center.

UPDATE 7:17 a.m.: All Alexander units are clearing the scene.

UPDATE 7:42 a.m.: One person was killed in this accident, according to a fire official at the scene.

UPDATE 9:03 a.m.: The road should reopen in 10 to 15 minutes. Town of Alexander Highway requested to plow and salt Route 238.

UPDATE 9:30 a.m.: Route 238 is open.

Kelly L. Alcorn is indicted on a count of assault, 2nd. Alcorn is accused of slamming a victim against a cinder-block wall at the Darien Lake Performing Arts Center on Aug. 25. (Prior Coverage: Alcorn is a Niagara Falls police officer who was initially charged with a misdemeanor; her alleged victim pressed for upgraded charges).

Nicholas A. Antonucci is indicted on two counts of attempted grand larceny, 3rd, petit larceny and two counts of criminal mischief, 4th. Antonucci is accused of attempting to steal a 2007 Yamaha snowmobile with a value of $5,000 from a location in Alexander, and of attempting to steal a 2006 Yamaha snowmobile with a value of $4,000 from a location in Alexander, on or about Jan. 6, 2010. He is accused of stealing on the same date a backpack containing a Leatherman tool, flashlight and beer. He is accused of damaging the ignitions on the snowmobiles. (Prior Coverage)

John R. Chrisley is indicted on two counts of first-degree sexual abuse and one count of endangering the welfare of a child. Chrisley is accused of sexual contact with a child less than age 11 during the summer of 2011.

Armand P. Cummer is indicted on counts of felony DWi and felony driving with a BAC of .08. Cummer is accused of driving drunk Aug. 26 on Route 5, Town of Pembroke. Cummer is alleged to have a prior DWI conviction in 2008.

Francis S. Smith is indicted on a count of burglary, 2nd, and criminal mischief, 4th. Smith is accused of breaking into a residence on Washington Avenue, Batavia, on Jan. 1.

Franchesca Anais Barrome, 20, of Harvester Avenue, Batavia, is charged with criminal possession of stolen property. Barrome allegedly had possession of a credit card and student ID of another person that she used to make purchases at GCC. Barrome was jailed on $2,000 bail. The investigation is pending and additional charges are possible.

Cory M. Dahl, 20, of Pavilion, is charged with criminal mischief, 4th. Dahl was arrested following a report of a domestic disturbance on Dutton Road, Warsaw, on Feb. 13. Dahl is accused of damaging a rear door and a window. Dahl's 19-year-old girlfriend and infant child were reportedly at the residence at the time.

Tate N. Westermeier, 20, of Darien Center, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and driving without headlights. Westermeier was stopped by State Police Feb. 14 by State Police in the Village of Attica. Genesee County Deputy Howard Carlson, a trained drug recognition expert, assisted in the investigation.

Micahel J. Lathan, 27, of Batavia, was arrested by State Police on a Wyoming County Family Court warrant. Lathan allegedly failed to meet obligations set forth in a prior family court appearance. He was jailed on $1,000 bail.

Cameron John Corner, 18, of Vine Street, Batavia, is charged with petit larceny. Corner was arrested along with a 16-year-old West Main Street resident for allegedly shoplifting from Kmart.

Carlos Enrique Reyes, 38, of Lyell Avenue, Rochester, is charged with criminal contempt, 1st. Reyes is accused of violating a stay away order of protection by placing a phone call to the protected person.

A 17-year-old resident of East Main Street, Batavia, and a 16-year-old resident of Otis Street are charged with petit larceny. The two female youths were allegedly observed stealing wooden pallets from Empire Tractor.

The Genesee County Economic Development Center Board of Directors has approved assistance with the following projects:

Darien Lake Theme Park. Darien Lake is planning new cabins and new rides for 2013. The total investment by Darien Lake is $5.2 million and theme park management sought assistance with $1.9 million of the investment. The board approved a PILOT (reduced property tax on the increase in assessed value due to the improvements) worth $147,339 over 10 years. The project will also save $132,000 on sales tax for construction materials. The project is expected to generate six additional full-time equivalent jobs. Darien Lake employees more than 400 FTEs.

Reed Batavia Properties, LLC. Reed is in the process of purchasing the former Batavia City Schools administration building at 39 Washington Ave., Batavia. The company is planning $1.525 million in improvements to the building, converting it to medical offices. The GCEDC board approved a $76,361 PILOT, $52,000 in sales tax exemption, and a $12,500 mortgage tax exemption. The project is expected to generate six new jobs.

Batavia Hospitality, Inc. (Days Inn / Super 8). The company is planning on investing $530,000 in building improvements, including a new pitched roof, exterior facelift and interior upgrades. GCEDC's board approved a PILOT worth $54,198 over 10 years and sales tax exemption of $28,000. The project is expected to create five new jobs and help retain 16 jobs.

North and southbound Route 238 is closed. That's in Darien.

Jeffrey Russell Hamill, 34, of Attica, was charged with DWI, aggravated DWI, and speeding after a traffic stop on Route 77 in Pembroke about 1:43 this morning.

A few hours later, Hamill crashed his vehicle on Route 238 in the Town of Darien and had to be transported by Mercy Flight to Strong Memorial Hospital in Rochester with a possible head injury.

According to Corfu Assistant Fire Chief Brian Schollard, Hamill called his girlfriend to give him a ride after being charged with DWI in Pembroke. After being processed on the charges by the the Genesee County Sheriff's Department, his girlfriend drove him to his vehicle. He proceeded to drive toward Attica and she followed him in her vehicle. 

About 4:40 a.m. Hamill's vehicle went off the road on Route 238 near Griswold Road in Darien. It went down a ravine, striking a tree before coming to rest. Side and front air bags were deployed.

Hamill was not seriously injured, but had an altered level of consciousness and a possible head injury.

Genesee County Sheriff's Office is investigating and charges are pending.

Steven Edward Rheinheimer, 18, of Beachwood Place, Cheektowaga, is charged with burglary, 3rd, and petit larceny. Rheinheimer is accused of entering a building in Darien and stealing property some time during the month of December. Rheinheimer allegedly returned to that location at a later date in December and stole property from outside of that building. He was arraigned and released under supervision of Genesee Justice.

Elijah J. Dawson, 18, of 20 North Spruce St., Batavia, is charged with assault, 3rd, and endangering the welfare of a child. Dawson is accused of punching and knocking down another person while in the presence of a child. Dawson was jailed on $1,000 bail.

Troy D. Hubler, 42, of 7634 Byron Holley Road, Byron, is charged with criminal contempt, 2nd, failure to appear and unlicensed operation, 2nd. Hubler turned himself in on two warrants. He allegedly violated an order of protection and failed to appear on the unlicensed operation count. Hubler was jailed on $2,500 bail.

Alex S. Dumbleton, 19, of 121 Liberty St., Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Dumbleton is accused of punching a person under age 17 several times.

Derek F. McQueen, 25, of Akron, is charged with acting in a manner injurious to a child. McQueen was arrested by State Police in relation to an alleged incident reported at 1:04 p.m., Jan. 12. No further details were released. McQueen was jailed on $5,000 bail.

Bernard L. Evans, 42, Pavilion, is charged with criminal contempt and harassment, 2nd. Evans was arrested by State Police in connection with an alleged incident reported at 1:17 p.m., Sunday. No further details released. Evans was jailed on $2,500 bail.

Nicolas Adam Antonucci, 25, of 4192 Broadway Road, Alexander, is indicted on two counts of burglary in the 2nd degree. Antonucci is accused of breaking into a residence on Broadway Road, Darien, on Nov. 12 and on Nov. 18. (For prior charges against Antonucci, click here).

Daniel H. Bettilyon is indicated on felony counts of DWI and driving with a BAC of .08 or greater. Bettilyon is accused of driving a 1989 Harley Davidson motorcycle while drunk on Maltby Road, Oakfield, on Aug. 10. Bettilyon allegedly has a prior DWI conviction from July 2004.

A passerby has called dispatch reporting smoke coming from the front of a residence on Route 77 near McGregor Road.

Darien Fire Department is responding.

UPDATE 3:13 p.m.: Darien fire unable to find any fire in that area. Some of the houses do not have numbers on them, according to one firefighter. Units coming non-emergency and mutual aid from Alden can cancel.

UPDATE 3:16 p.m.: Darien assignment is back in service.

A barn fire in the Village of Attica at 69 High St. has closed down Route 98 between Dunbar Road and Route 354. Alexander, Bethany and Darien fire departments are responding.

UPDATE 3:30 p.m.: Town of Batavia also responding.

UPDATE 7:10 p.m.: According to the property owner Gene Reding, the barn was fully engulfed when he arrived home. The two horses that are normally housed in the barn were out in the field at the time and not injured. There was some equipment and hay for bedding inside. He says he has owned the property since 1975 and the barn was built in 1919.

Attica Fire Chief Bob Willard says the wood frame barn went up in flames in five minutes. It looks like the fire started in the basement and it could have been an electrical problem that caused it. It is a total loss.

Seven companies were called to the two-alarm blaze and no one was injured.

Stephen P. Pahuta III, is indicted on charges of on two counts of criminal obstruction of breathing or blood circulation, one count of strangulation in the second degree, coercion in the first degree, criminal mischief in the fourth degree and assault in the third degree. Pahuta is accused of choking another person June 23 at a location in the Town of Alabama. It's alleged that the victim lost consciousness or was in a stupor for a period of time. Pahuta is accused of instilling fear in the victim so she wouldn't contact law enforcement. There also an alleged choking incident July 16. Pahuta is accused of damaging a phone to prevent the victim from requesting emergency assistance.

Richard R. Vetter is indicted on on count of grand larceny in the third degree and 16 counts of falsifying business records. Vetter is accused of stealing $8,689.78 from a business in Darien. He is accused of making at least 16 false entries into log books to conceal his theft of cash from the business.

Mark K. Biggins is indicted on counts of felony DWI and driving with a BAC of .08 or greater. It is alleged that Biggins drove drunk on Route 33 in Stafford on Sept. 12. According to the indictment, Biggins was convicted of DWI in July, 2003.

Attorneys for the estate of James T. Hackemer and Darien Lake Theme Park have reached a settlement in the wrongful death lawsuit filed by Hackemer's family, according to the Buffalo News.

The decorated and disabled Iraq War veteran died at the theme park in July 2011 when he was ejected from the Ride of Steel while on an outing with his family.

The Buffalo News reports that as part of the settlement, Darien Lake does not admit liability but will provide Hackemer's daughters, both under age 10, an annuity with a total value that exceeds $1 million.

“Darien Lake and its management are relieved to settle this case,” said Hugh M. Russ III, a lawyer for the amusement park. “And while they admit no liability, they did feel obligated to help care for Mr. Hackemer’s two children.”

The exact amount of the settlement is confidential under terms of the agreement.

Thomas Harold Hofer, 51, of South Pearl Street, Oakfield, is charged with coercion, 1st, two counts of criminal mischief, 4th, criminal obstruction of breathing or blood circulation and trespass. The charges against Hofer stem from an alleged domestic dispute with his girlfriend at 9:43 p.m., Sunday, in the Town of Batavia. Hofer was jailed on $5,000 bail.

John Everett Pfalzer, 48, of Sumner Road, Darien, is charged with harassment, 2nd. Pfalzer is accused of striking the hand of another person. The alleged incident was reported at 10:40 a.m., Monday.

Deborah A. Schramm, 32, of Lewis Place, Batavia, was arrested on a bench warrant for alleged failure to appear on an attempted petit larceny charge.

Maurice G. Leach, 36, of 212 State St., Batavia, is charged with menacing, 3rd, resisting arrest, obstructing governmental administration and criminal tampering, 3rd. Police officers Eric Hill, Thad Mart and Chris Camp responded to a report of a male subject hitting a woman outside 212 State St. at 8:39 a.m., Sunday. During the investigation, Leach allegedly became combative and when officers attempted to place him into custody, he allegedly resisted arrest. While at police headquarters, Leach allegedly urinated and defecated on the floor of the holding cell. Leach was jailed on $50,000 bail.

Edward R. Freida, 41, of 47 Tracy Ave., Batavia, is charged with criminal possession of a weapon, 3rd. Freida was allegedly found in possession of a switchblade knife during a routine search of his residence by a probation officer. Because Frieda has a prior conviction for criminal possession of a weapon, 4th, the charge is elevated to third degree. Freida was jailed without bail.

Jessica L. Polk, 36, of 202 Bank St., Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Polk is accused of pushing and grabbing a child during a domestic incident.

Ann M. Schlegel, 35, Lawrence A. Atkins, 35, and Leon D. Atkins, 16, all from Medina, are charged with petit larceny. The trio is accused of attempting to steal $337.31 in merchandise from Kmart at 5:54 p.m., Sunday.

Scott Dwayne Kingdon, 46, of Sparks Road, Pavilion, is charged with criminal contempt, 2nd. Kingdon is accused of sending e-mails to a person in violation of an order of protection.

Nathaniel L. Beglinger, 21, of Peaviner Road, Alexander, is charged with criminal mischief, 4th. Beglinger is accused of recklessly causing damage to a building in Darien, causing more than $250 damage, at 12:35 a.m., Dec. 1.

Dennis J. Saporito, 25, of Culver Road, Albion, turned himself in on a bench warrant out of Batavia City Court for alleged driving while ability impaired. Saporito was arraigned and sentenced to 10 days in jail.

Robert Lee Ealey, 26, of Phelps Road, Rochester, Ealey was taken into custody by Rochester PD on a bench warrant issued by Genesee County Court and turned over to the Sheriff's Office. Ealey was held pending arraignment today.

Adam M. Miller, 20, of Oakfield, is charged with criminal mischief, 4th. Miller is accused of damaging property with a value greater than $250 at 4 a.m., Jan. 1, in the Town of Shelby. Miller was arrested by State Police. No further details released.

A deputy is asked to respond to a report of an injured deer on Tinkham Road in Darien Center. "Did it trip and fall?" asked the deputy. "I guess," said the dispatcher. "No autopsy has been performed at this point."

"In route," responds the deputy, without further questions.

Darryl P. James, 30, of Darien, is charged with felony DWI, driving with a BAC of .08 or greater, aggravated driving with a BAC of .18 or greater, moving from lane unsafely, open container, failure to submit to breath test, resisting arrest and obstructing governmental administration. The Wyoming County Sheriff's Office received a complaint at 4:42 a.m., Christmas Day, of a vehicle operating on a resident's driveway on Church Road, Bennington, and James was arrested following further investigation. James allegedly has two prior DWI convictions. James was jailed on $25,000 bail.

Bryan Michael Wharton, 25, of Clover Crossing, Manchester, is charged with unlawful possession of untaxed cigarettes. Wharton was stopped at 4:16 p.m., Dec. 23, for alleged equipment violations on Gabbey Road, Pembroke, by Deputy Kevin McCarthy. He was allegedly found in possession of untaxed cigarettes.