Darien

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with possession of obscene sexual performance by a child and use of a child in a sexual performance, both felonies. He was arraigned on the charges on Nov. 29 in Batavia Town Court. Somerton was initially arrested and arraigned on five counts of disseminating indecent material to a minor on Oct. 31 after investigation into a sex offense that occurred in the Town of Batavia Oct. 13. The new charges stem from further investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.

Alvin Ezra Way, 57, of Bank Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 9:06 p.m. on Dec. 1 on Colonial Way in Batavia for allegedly violating an order of protection by having personal contact with the protected party. He was issued an appearance ticket for Dec. 17 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Erik Andre.

Christie Lynn Daniels, 22, of Council House Road, Basom, is charged with: DWI, speeding in excess of 55 mph, and unlicensed operation -- driving without a license. At 1:59 a.m. on Dec. 2 on Lewiston Road in Batavia, Daniels was stopped by Genesee County Sheriff's Deputy Ryan Young for allegedly speeding. After an investigation, it is alleged that Daniels was driving without a license and while intoxicated. She was issued appearance tickets for Dec. 17 in Batavia Town Court. Deputy Young was assisted in the case by Deputy Austin Heberlein.

Trisha A. Park, 26, of Le Roy, was arrested in the evening on Nov. 30^th by the Le Roy Police Department and charged with: aggravated driving while intoxicated with a child passenger under 15 years of age inside the vehicle, a class E felony; operating a motor vehicle impaired by drugs and endangering the welfare of a child -- both misdemeanors; unlawful possession of marijuana and inadequate headlights on a motor vehicle, both violations. At approximately 5:45 p.m. on Nov. 30^th, patrols observed a vehicle operating without a headlight on Wolcott Street in the Village of Le Roy. Patrols initiated a traffic stop and interviewed the operator. While speaking with the operator, patrols allegedly noticed a strong marijuana odor emanating from the vehicle. A vehicle search would allegedly reveal marijuana as well as marijuana paraphernalia. After a brief investigation it was allegedly determined that Park was impaired by drugs. Park was taken into custody without incident and was evaluated by a Drug Recognizant Expert. Park was arraigned in Le Roy Town Court and released under supervision. Park is due back in court on Dec. 20^th.

Frank L. Cortright, 60, of Route 77, Alabama, is charged with fourth-degree criminal mischief. It is alleged that at 12:15 p.m. on Nov. 30 on Pratt Road in Pembroke that Cortright intentionally damaged property belonging to another individual. He was issued an appearance ticket returnabled to Pembroke Town Court on Dec. 11. The case was handled by Genesee Coounty Sheriff's Deputy Travis DeMuth.

Stephen Michael Milroy, 24, of Perry Road, Pavilion, is charged with seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana. At 3:42 a.m. on Dec. 1, Milroy was arrested on Park Road in Batavia after investigation into a report of an unconscious male sleeping in his vehicle in the Batavia Downs' parking lot. Milroy was processed at the jail and issued appearance tickets returnable to Batavia Town Court on Dec. 17. The case was handled by Deputy Andrew Mullen.

Christopher Jai Shawn Middleton, 24, of Dumont Avenue, Brooklyn, is charged with unlawful possession of marijuana and speeding. The defendant was stopped at 8:35 a.m. on Sumner Road in Darien on Nov. 29 for allegedly speeding. Investigation allegedly revealed he possessed marijuana. He was issued an appearance ticket returnable to Town of Darien Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Press release:

The Live Nation Lawn Pass provides unlimited lawn admission to all concerts at any of your local participating Live Nation amphitheaters throughout the 2019 season for one price. 

Lawn Pass will go on sale starting at 1 p.m. on Tuesday, Dec. 4 and be available through Dec. 18 or while supplies last, making the pass the perfect holiday gift that can be enjoyed all next summer.

To purchase the pass, fans can go to lawnpass.livenation.com and use the dropdown menu to select a desired amphitheater. Each fan will receive a custom laminate with their name and unique barcode that serves as their ticket on show day. Once fans scan in, they are all set to dance the night away on the lawn.

The full list of participating amphitheaters found below. Pricing varies per amphitheater and further details and restrictions for the Lawn Pass can be found at lawnpass.livenation.com.

Sold for a limited time only, this pass will give fans lawn access to Live Nation concerts (even the sold-out ones!) at Darien Lake Amphitheater* for just $125 plus fees. In addition to guaranteed admission, passholders will receive Fast Lane access for speedy entry, complimentary lawn chair rental to chill out and enjoy the show, as well as exclusive ticket offers.

Rob R. Thompson, of Attica, has written 15 books, four of which were bestsellers, but his favorite so far is the story of the Sullivan brothers who were all killed on the USS Juneau during World War II.

Thompson will be at Le Roy’s Moose Lodge today (Saturday) to sign copies of "The USS The Sullivans" until 3 p.m. during the Le Roy Winterfest.

His book is not about the bombs, guns and steel which made up the ship, but rather it combines emotion, history and paranormal events surrounding the ship.

While researching for his book, Thompson spent three nights on the ship anchored in Buffalo’s Naval Park.

Thompson covers the history of the cruiser and details the life of Eugene Straub, originally of Darien, who was also lost aboard the Juneau.

During his research, Thompson located Straub’s daughter, now 75 and living in Utica.

The book is available online, as well as at the book signing.

Constantine D. Murrell is indicted for the crime of second-degree robbery, a Class C violent felony. It is alleged that on Sept. 25 at the Kwik-Fill gas station/convenience store at the intersection of Ellicott and Jackson streets in the City of Batavia that Murrell forcibly stole a 2008 automobile. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged in count two that during the commission or attempted commission of the aforementioned felony that he cause physical injury to a person. in count three, he is accused of reckless driving, a misdemeanor, for driving the 2008 vehicle in a manner that interfered with the free and proper use of the roadways and/or unreasonably endangered users of those roadways. In count four, Murrell is accused of unlawful lfeeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor. It is alleged in count four that he attempted to flee an officer, knowing that he had been directed to stop, and that his speeds equaled or exceeded 25 miles per hour above the speed limit or he engaged in reckless driving.

Dylan J. Perry is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that between Dec. 1 and Dec. 2 he knowingly entered and remained unlawfully in a building located on Broadway Road in the Town of Darien with intent to commit a crime. In count two, Perry is accused of petit larceny, a Class A misdemeanor. It is alleged in count two that Perry stole $300 in U.S. currency and a pair of work boots while inside the property on Broadway Road.

Antonio J. Goodson is indicted for the crime of criminal contempt in the first degree, a Class E felony. It is alleged that on Aug. 22 in the City of Batavia that he violated a duly served order of protection by being in the presence of the protected party. In Special Information filed by the District Attorney, Goodson is accused of having been convicted of criminal contempt in the second degree, a Class A misdemeanor, on Jan. 19 in City of Rochester Court. That conviction was for a violation of a stay away family offense order of protection and was within five years of the crime alleged in the current indictment.

Thomas J. Claffey is indicted for the crime of driving while ability impaired by drugs, as a Class E felony. It is alleged that on June 18 in the Town of Stafford that he drove a 2016 Chevrolet on Route 33 while his ability to do so was impaired by use of a drug. In Special Information filed by the District Attorney's Office, Claffey is accused of having been convicted for DWI, as a misdemeanor, on July 28, 2008, in Town of Irondequoit, and that conviction was within 10 years of the crime alleged in the current indictment.

      Jennifer Serrano

The defense attorney for Jennifer Serrano, the 48-year-old woman accused of killing an 18-year-old Hinckley resident in a hit-and-run accident in Darien on Aug. 11, will be given a chance to challenge any statements obtained by police from her during the investigation that led to her arrest.

Judge Charles Zambito granted the motion today by Frank LoTempio for the hearing, known as Huntley Hearing, which is pretty standard in criminal cases.

LoTempio will be able to question the officers involved in obtaining statements from Serrano to determine whether or not her rights were violated and whether the statements were legally obtained.

Serrano was allegedly the driver of a vehicle that struck and killed Connor Lynskey after the Jason Aldean concert at Darien Lake. Lynskey and a group of people were walking on Sumner Road back to the Darien Lakes State Park, where they were camping, when he decided to run ahead to catch up with a friend. He was reported missing later that night. His body was found by a deputy the next day.

About a half-hour later, Serrano was stopped and charged with DWI but she did not mention the possible prior accident and was only connected to the accident the next day through police investigation.

At the DWI stop, where she reportedly almost hit a patrol vehicle, Serrano may have tried to talk the deputy into letter her go, according to police reports.

Serrano appeared in court shackled alongside LoTempio and co-counsel Jack Sanchez dressed in gray sweatpants and an orange sweatsuit hoodie jacket.

She is being held on $100,000 cash bail or $200,000 bond while her case heads toward a possible trial.

LoTempio also filed a supplemental motion challenging the search warrants used in the case. He had filed the motion after recently receiving copies of the warrants and the statements used to obtain them. District Attorney Lawrence Friedman will be given time to file a written response before Zambito rules on the motion.

A driver is unresponsive after his or her vehicle left the roadway and struck a tree off Route 77 in Darien. Mercy Flight is on standby. The accident location is 9610 Alleghany Road between Ganson Avenue and McGregor Road. Darien Fire Department and Mercy medics are responding.

UPDATE 3:56 p.m.: The driver is a 25-year-old male who lives in Corfu. He told Sheriff's deputies at the scene that he fell asleep at the wheel. His truck left the roadway, hit a drainage ditch and went airborne before coming to a stop 50 yards away after striking a tree. He was taken by ground ambulance to ECMC with non-life-threatening injuries. Investigators determined that no alcohol or drugs were involved in the accident, said Sgt. Jason Saile.

Paul M. Gelardo is indicted for the crime of driving while ability impaired by drugs, a Class E felony. It is alleged that on July 13 in the Town of Oakfield that Gelardo drove a 2002 Chevrolet on South Pearl Street while his ability to do so was impaired by drugs. In count two, he is accused of aggravated unilicensed operation of the motor vehicle in the first degree, another Class E felony. It is alleged in count two that Gelardo knew, or had reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time he drove on South Pearl Street, and he did so while under the influence of alcohol or a drug. In count three, he is accused of the same crime as in count two, plus it alleges he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the Genesee County District Attorney, Gelardo is accused of having been convicted of driving while impaired by drugs, as a misdemeanor, on March 14, 2016 in Town of Brighton Court. That conviction was within 10 years of the commission of crimes alleged in the current indictment, and he knew, or should have known, about that conviction and that his driver's license was still suspended.

Shawn J. Scheg is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Town of Stafford that Scheg drove a 2007 Acura on Route 33 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day while his license was suspended, revoked or otherwise withdrawn by authorities. In count three, he is accused of circumventing an ignition interlock device, a Class A misdemeanor, which he was court ordered to have on his vehicle and which the Acura did not have. In Special Information filed by the Genesee County District Attorney, Scheg is accused of having been convicted of DWI, as a misdemeanor, on Oct. 9, 2012 in Genesee County Court, and that conviction forms for basis for the suspension or revocation referred to in count two of the current indictment.

Carl W. Altman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 26 Altman drove a 1998 Ford in the Darien Lake Concert Amphitheater parking lot in the Town of Darien while he was intoxicated. In Special Information filed by the Genesee County District Attorney, Altman is accused of having been convicted of DWI as a misdemeanor on Aug. 24, 2015 in Town of Gates Court and that conviction was within 10 years of the crime alleged in the current indictment.

David J. Henry is indicted for the crime of driving while intoxicated, per se, as a misdemeanor. It is alleged that on March 3 in the Town of Stafford that Henry drove on 2017 Volkswagon on Route 90 while having a BAC or .08 or more. In count two, he is accused of DWI, a msidemeanor. In count three, he is accused of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count three that Henry drove while under the influence of alcohol or a drug while his license was suspended or revoked and while he had three or more suspensions imposed or at least three separate dates for failure to answer, appear or pay a fine.

No injuries are reported in an accident in the area of 1506 Broadway, Darien, but a utility pole and wires are down.

Darien fire and ambulance dispatched.

Imagine the perfect weekend getaway. It’s comfortable, secluded, and your every need is anticipated and cared for. Most importantly, it’s easy to get to. In fact, it may even be in your backyard. Welcome to River Spring Lodge, located at 1961A Church Road in Darien Center.

About the Lodge & the Hamers

An executive retreat and country inn, River Spring Lodge is known for providing a high-end, luxury experience to its guests. Opened in 2016, the Lodge is owned by locals Dave and Carolyn Hamer. After working in hospitality around the world for 15 years, the Hamers returned to Western New York to bring their passion for good food and great lodging to this area.

Seven modern and comfortable rooms, a fully equipped conference room, and large dining room make up this beautiful country estate.  

Deeply influenced by French cuisine as a student at the Culinary Institute of America, Chef Dave is world-renowned and has cooked for an impressive list of A-listers and celebrities. Carolyn complements the team with touches that make the River Spring Lodge experience unique – greeting each guest with a warm welcome as they arrive and sending them off with her favorite treat, a chocolate chunk cookie, when they depart.

A Romantic Escape

Surrounded by the colors of autumn, the deep chill of winter snow, or the sights and sounds of spring – River Spring Lodge is a romantic escape year-round. Named as one of the "top 10 most romantic inns in the country" by iLoveInns.com, they offer a couple's escape that’s sure to keep the fires burning or reignite the spark. Relax, refresh and enjoy each other’s company while your every need is tended to. The package includes a four-course dinner, three-course breakfast, and a room of unrivaled luxury. 

Meals are crafted by Chef Dave himself, and meant to be savored -- never rushed. When you dine at the lodge, the table is yours for the evening. Decide to retire, and you’ll find goose down duvets, European shower rooms, heated floors for the colder months, and woodland or pond-side views from your private balcony or alcove. Wi-Fi and boosted cell phone coverage allow you to stay connected with the outside world, but why would you want to?

A Sportman’s Paradise

Romance isn’t the only package River Spring Lodge specializes in. The Sportsman Suite is a completely private space for hunters and fisherman, offering an exclusive steelhead fishing trip, as well as whitetail, turkey and pheasant hunts. Boasting four bedrooms and two full bathrooms along with a gun safe, poker table and darts, it’s truly a man’s world wrapped in a wilderness retreat. And man’s best friend is welcome to join the fun, as hunting dogs are allowed in the suite. All-inclusive packages are available in the warmer months.

Drop By & Dine In

If an incredible food experience is simply what you seek, you don’t have to stay the night to get it. The dining room serves four-course dinners from 5 until 8 p.m. Tuesday through Sunday to lodge guests and local diners alike. While it’s open for reservations, we recommend you make one early. Dave and Carolyn take comfort seriously, so your table is yours for the evening, or however long you wish.

Once you’re booked for the evening, start perusing the menu. Guests are requested to pre-order their meal 24 hours in advance – all part of the personalized experience – on a menu that changes regularly. Local produce is used in season, keeping fresh foods and first quality always top-of-mind.

Large groups (8-18) can make reservations for the Chef’s Table, located in an adjacent room for a completely immersive dining experience – or sometimes even in the kitchen itself.

Whether you’re looking for your next hunting adventure, board retreat, romantic getaway, or just a weekend away from it all, River Spring Lodge is the ultimate in luxury and comfort. Stop by, and let Dave and Carolyn welcome you to an experience you won’t soon forget.

For more information visit www.visitgeneseeny.com.

Daniel E. King is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that the convicted sex offender moved to 2058 Phelps Road in the Town of Basom on Jan. 24 and failed to register his change of address with the NYS Division of Criminal Justice Services within 10 calendar days as required.

Candido Candelaria III is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Aug. 16 in the Town of Le Roy that Candelaria drove a 2005 Chevrolet Equinox on Route 33 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In count three, it is alleged that the defendant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that he was under the influence of alcohol or a drug at the time. In Special information filed by the District Attorney, Candelaria is accused of having been convicted for DWI, per se, on Jan. 9, 2017 in Town of Ridgeway Court, Orleans County. The conviction forms the basis for count three of the current indictment.

Benjamin J. Marien is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 15 in the Town of Darien that Marien drove a 2008 Chevrolet Silverado on Chick Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time. In Special Information filed by the District Attorney, Marien is accused of having been convicted of DWI as a misdemeanor on Oct. 12, 2016, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

A 29-year-old Darien Center man, Alexander Seegar, has been arrested by federal authorities and charged with receipt and possession of child pornography.

According to a press release from the office of U.S. Attorney James P. Kennedy, Seegar posed as a 16- or 17-year-old boy and sexted 10- to 12-year-old female students in a school in Niagara County. The defendant used the Instagram profile “davidlissachi” to communicate with the girls and ask them for sexually explicit photos.

The complaint also states that Seegar was found in possession of numerous photos containing child pornography.

The charge carries a minimum penalty of five years in prison and a maximum of 20 years and a $250,000 fine.

Seegar appeared in Federal Court before U.S. Magistrate Michael J. Roemer today to answer the charges and enter a not guilty plea.

The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in Charge Gary Loeffert, and the Lewiston Police Department, under the direction of Chief Frank Previte.

New York State Police based out of Troop A, Zone I, conducted a Sobriety Checkpoint in the Town of Darien as well as a dedicated DWI patrol in Genesee County, Friday night Sept. 28, into Saturday morning, Sept. 29. Two people were arrested for DWI during the detail and are to appear in the Town of Darien court at a later date: Sarah E. Convis, 32, of New Woodstock; and Pamela S. Bradshaw, 46, of Pennsylvania. In addition, Daryl L. Ford, 31, of Niagara Falls, was arrested for fifth-degree criminal possession of marijuana after being stopped for traffic infraction. He was also charged with second-degree aggravated unlicensed operation. He was issued an appearance ticket to return at a later date. Also, Jerard L. Cramer, 31, of Buffalo, was arrested for: felony first-degree aggravated unlicensed operation; unlawful possession of marijuana; driving without required ignition interlock device, and numerous other vehicle and traffic infractions. He was arraigned and released to appear in court at another date.

Melody J. McMaster, 47, of Washington Avenue, Batavia, is charged with trespass. At 10:15 a.m. on Sept. 23, McMaster was arrested on Harvester Avenue in the City of Batavia. She had previously been advised not to be on the property by police prior to this incident. She is due in Batavia City Court on Oct. 2. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Darryle Streeter.

Rachel Britanny Soloman, 26, of North Lake Road, Pembroke, is charged with: criminal contempt in the second degree; endangering the welfare of a child; obstruction of governmental administration in the second degree; and resisting arrest. Solomon was arrested as a result of an investigation into a reported violation of a court order. It is alleged that she violated an order of protection by being at the residence of the protected party on Meadville Road on the Tonawanda Indian Reservation at 11:15 a.m. on Sept. 29. She allegedly became uncooperative during the investigation and her actions place a child in danger. She was arrested, arraigned in Town of Alabama Court and jailed in lieu of $10,000 cash bail. The case was handled by Genesee County Sheriff's Deputy Richard Schildwaster, assisted by Deputy Jeremy McClellan.

Michael L. Jennings, 54, of Jackson Street, Batavia, is charged with owning an unlicensed dog. He was arrested at 6:41 p.m. on Sept. 21 and issued an appearance ticket. He is due in Batavia City Court on Oct. 9. The case was handled by Batavia Police Officer Catherine Mucha.

Marc C. Cook, 28, of Church Street, Basom, is charged with failure to appear. He was arrested and arraigned on Sept. 29 in Batavia City Court on two arrest warrants for failure to appear in city court. He was jailed in lieu of $1,000 cash bail or bond. He was due in city court today (Oct. 1). The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Marc Lawrence.

Jaequele M. Tomlin, 23, of Main Street, Le Roy, and Darazian W. Williams, 25, of Hutchins Street, Batavia, are both charged with unlawful possession of marijuana. Tomlin and Williams were arrested for allegedly possessing marijuana during an investigation following a traffic stop. This occurred at 6:18 p.m. on Sept. 28 on Ellicott Street in Batavia. The defendants are due in city court on Oct. 9 to answer the charge. The cases were handled by Batavia Police Officer Catherine Mucha, assisted by Sgt. Dan Coffey.

The following people were arrested by the Genesee County Sheriff’s Office during the Kid Rock/Brantley Gilbert Concert at Darien Lake Performing Arts Center on Friday:

Scott F. Parsons, 30, of Wilelen Road, Chili, was arrested for disorderly conduct after allegedly engaging in a fight in the parking lot after the concert. Parsons was also arrested on an outstanding Family Court Warrant and turned over to the Wayne County Sheriff’s Office. 

Frank J. Colosimo, 30, of Stone Road, Greece, was arrested for disorderly conduct after allegedly engaging in a fight in the parking lot after the concert. Colosimo was also arrested on an outstanding criminal mischief warrant and turned over to Irondequoit Police.

James F. Colosimo Jr., 31, of Pardee Road, Rochester, was arrested for disorderly conduct after allegedly engaging in a fight in the parking lot after the concert.

Chelea C. Richardson, 19, of Wilelen Road, Chili, was arrested for obstruction of governmental administration, 2nd, after allegedly interfering with deputies breaking up a fight in the parking lot.

Doria L. Gerew, 32, of Georgetown Drive, Rochester, was arrested for harassment, 2nd, after allegedly punching another patron in the face while exiting the concert venue.

Richard J. Moran, 40, of West Sobieski Street, Cheektowaga, was arrested for harassment, 2nd, after allegedly threating to harm a Live Nation Security Officer. 

Cory A. House, 21, of Hartland Street, Middleport, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Dirk D. Brown, 39, of Ford Street, Ogdensburg, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Michael A. Wheaton, 33, of Burt Hill Road, Canisteo, was arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Christine M. Jones, 31, of Hutchins Place, Batavia, is charged with illegally disposing of items (unspecified) at 9:45 a.m. on Sept. 26 on State Street. She was arrested and given an appearance ticket for illegal dumping. She is due in City Court on Oct. 4. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Frank Klimjack.

Jeremy J. Alwardt, 29, of Church Street, Le Roy, is charged with second-degree criminal trespass and second-degree harassment. He was arrested at 7:50 p.m. on Sept. 26 after a disturbance during which he allegedly forced entrance into an individual's porch and struck the person. He  was arraigned and jailed in lieu of unspecified bail and was due in Batavia City Court on Thursday. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Chad Richards.

Adam A. Alwardt, 30, of Willow Street, Batavia, is charged with fourth-degree criminal mischief. He was arrested at 7:06 p.m. on Sept. 24 on Willow Street in Batavia after a domestic incident wherein he allegedly damaged property belonging to another person. He was arraigned and jailed on $1,500 cash or bond and was due to return to City Court on Tuesday. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

A male who lives on Chick Road in Darien, no other information provided, was arrested at 8:20 p.m. on Sept. 26 on Chick Road following a domestic incident. The household member is charged with third-degree menacing and second-degree harassment. He is scheduled to appear in Darien Town Court on Oct. 23 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Erik Andre.

Megan Elizabeth King, 24, of Fisher Road, Alabama, is charged with driving with a BAC of .08 percent or more and DWI -- first offense. She was arrrested at 9:39 p.m. on Sept. 26 on Main Road in Pembroke following an investigation into a motor-vehicle accident that occured on Route 5 in the Town of Pembroke on July 26. It is alleged that King was operating the vehicle with a BAC greater than .08 percent. She was issued an appearance ticket for Pembroke Town Court and is due there on Oct. 4. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Minuto.

Kevin J. Fickel, 37, of State Street, Batavia, is charged with petit larceny. He was arrested at 7:15 p.m. on Sept. 23 at Tops market after he allegedly exited the store without paying for several items. He is due in City Court on Oct. 2. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Jamie Givens.

Jennifer Serrano told a deputy she was looking for a girlfriend's house in Darien and was lost after nearly hitting the deputy's car on Route 77 in the early morning of Aug. 11.

The 48-year-old Serrano has been accused of hitting and killing Connor Lynskey, 18, of Hinckley, on Sumner Road about 25 minutes before her encounter with Deputy Robert C. Henning. The encounter led to her arrest on a drunken driving charge but she never revealed to Henning or any of the court or jail officials she met that morning that she may have been involved in a hit-and-run accident.

Lynskey had been reported missing by the time of her arrest but his body wouldn't be found until 11:30 in the morning. A day after his death was reported, Sheriff's Officers investigators developed leads and identified Serrano as the suspected driver of the hit-and-run vehicle. She was located at her sister's house in Amherst. Deputies also seized the vehicle they believe she was driving at the time of the accident about 12:30 a.m. and her subsequent arrest for DWI at 12:55 a.m.

After the near collision on Route 77, Henning flipped on the emergency lights of his patrol vehicle and initiated a traffic stop. In his report of the incident, he said he could detect a strong odor of alcohol and that Serrano's eyes were glassy, according to a report he wrote and attached to the arresting document on file with the Genesee County Court.

The Batavian requested the document after District Attorney Lawrence Friedman discussed it during Serrano's last court appearance Sept.12. Judge Charles Zambito granted the request at a hearing, where neither Serrano nor her attorneys appeared to object to the document's release, this past Thursday.

According to Henning's report, Serrano failed multiple parts of a field sobriety test but her demeanor even before the test began indicated she may have been intoxicated, according to the report.

"Jennifer was swaying back and forth and leaned into the tire on the back of the vehicle multiple times to keep her balance while I was talking to her," Henning wrote. "Jennifer was also fidgeting while speaking with me. She was constantly moving her hands and rubbing them together."

Henning attempted a roadside Alco-sensor test but after Serrano blew once and it didn't register a reading, she wouldn't blow again. She also refused a Datamaster test at the Batavia Police Station and she refused three separate requests to submit to the test at Darien Town Court.

During the field sobriety tests, Henning reported Serrano swayed back and forth and had a hard time keeping her head still.

At one time during the test, Serrano reportedly said, "Am I moving my head? I can't even tell."

She wasn't able to complete a balance test without hold her hands out and she couldn't successfully walk heel-to-toe, according to Henning's report.

After the walk and turn, she reportedly told Henning, "I failed."

The report also reveals there was a passenger in Serrano's vehicle, though the person isn't named and if police obtained a witness statement from the passenger, it's not included in the court file.

Serrano said she drove from Silver Lake to Darien Lake to pick up her passenger after the Jason Aldean concert, according to statements Serrano reportedly made to Henning.

When Henning asked Serrano about consuming alcohol that night, Serrano reportedly said, "I had some earlier."

"What's some?" Henning asked.

The report says Serrano then said, "Umm, I didn't have any."

After informing Serrano he would conduct some tests, Serrano reportedly told Henning, "Well, listen, can you just let me hang here? You just let me hang here. You just all did your thing. You walked around. Could you just call my cousin, like talk to my cousin and just let me know."

Later she reportedly said, "My girlfriend's house is on this street. I pulled into the wrong driveway. I pulled out in front of you. Could you just do a solid, you know, like I promise you. Can we call my, you call my cousin and we follow you, and you follow me."

While trying to convince Serrano to submitted to a breath test, he told her, "It's another ticket if you refuse," and Serrano reportedly told Henning, "It's not another ticket if I refuse. "It's, it's, I'm doomed."

When Henning informed her she was under arrest, Serrano reportedly said, "Really? I've been kind to you. Oh, my God."

Later, after Serrano said she really didn't understand what was going on, Henning said he told her, " I believe that you are intoxicated to the point where you should not be driving a motor vehicle, OK? So I arrested you for that. Now you admitted to drinking. I don't know what. I don't know how much but that's basically what the field tests and the Datamaster can prove it."

Serrano said, "I don't understand how this is going to work out for me, like, you keep saying, 'it's going to be OK.' "

"It will," said Henning, who at the time didn't know about Lynskey. "It's not the end of the world. Look, the end of the world could have been that you got in a head-on collision tonight and either hurt yourself, hurt the passenger, or hurt someone else." 

All Serrano reportedly had to say at that point was, "I just pulled out of a driveway in front of you. I was looking for my girlfriend's house."

Lynskey, a promising medical student, according to his family, had attended the Jason Aldean concert with friends and family. They were all camping at Darien Lakes State Park. Lynskey was walking with members of his group when he decided to run ahead on Sumner Road and catch up with a friend. That was the last time anybody saw him alive.

A corn chopper is reportedly fully engulfed in flames in a farm field at Colby and Sumner roads, Darien.

Darien fire is dispatched.

UPDATE 2:03 p.m.: Fire is out.

UPDATE 2:35 p.m.: Darien fire is back in service.

A structure fire is reported at 483 Alley Road, Darien.

That's between Gadd Road and Countyline Road.

The fire has gone to a second alarm.

It was initially reported as a shop fire but it reportedly quickly spread to a residence. A caller reportedly went into the house to assist an elderly resident with getting out.

Darien fire dispatched along with mutual aid companies.

UPDATE 11:34 p.m. (By Billie): The house closest to the blaze was never in danger; there was no flame damage to the house. A neighbor assisted an elderly resident to the back of the property, where the elderly resident's son resides. Meanwhile, a neighbor and the woman's son removed propane tanks from the building. But the all-metal construction of the shop was nonetheless destroyed. The son is a road construction electrical contractor.

UPDATE 1 a.m. (by Howard): The structure was fully involved when the first firefighters arrived on the scene, according to Capt. Ray Felski, so crews immediately took a defensive posture toward fighting the fire.

"Tthe initial report said it was a shop fire and then it was updated that it might have gotten to the residence," Felski said. "On our arrival, it had not gotten into the residence. It was contained to the shop building, which was fully involved on our arrival."

The structure is a total loss, along with four commercial vehicles parked in the building.

Firefighters from three counties and seven companies responded to the fire. No injuries were reported. The humid night required crews to rotate regularly so they could stay hydrated. There is a large pond on the property near the shop, which was a key source of water, Felski said. Tankers were also dispatched to the fire. "Water was not an issue," Felski said.

The property is owned by the Osborn family.

PHOTOS: First four photos submitted by a reader. The rest of the photos by Howard Owens.

On two occasions, a cash box from a produce stand, The Cornercopia, at Route 77 and Route 20 in Darien has been stolen. 

After the first burglary, a more secure lock was installed and the thieves took the entire red plate steel cash box.

A cash reward is being offered for information leading to the arrest and successful prosecution of the suspects.

The two people in this video (who brought their dogs with them, and one of the men can be seen apparently hitting one of the dogs at about the 1:50 mark) are possible suspects and the owners of the fruit stand are asking anybody with information to come forward and contact local law enforcement. 

The State Police are handling the investigation. To report any information that may assist in the investigation, call (585) 343-5000.

If Genesee County cuts out or reduces the amount of sales tax revenue it distributes to its towns and villages, it likely will result in increased property taxes to those living in those communities.

That’s the view of Darien Town Supervisor David Hagelberger as he keeps a watchful eye on the situation while representing the Genesee Association of Municipalities on a committee working with Genesee County and City of Batavia leaders.

“Towns and villages are saying that if the county keeps all of the sales tax money, they would have no alternative but to raise local taxes to compensate,” Hagelberger said today. “If the county keeps all of it, you will see an increase in property taxes, slashing of services, depletion of fund balances or a combination thereof.”

Hagelberger said he is concerned over a couple of key issues:

-- That a new sales tax agreement between Genesee County and the City of Batavia does not include towns and villages – unlike the previous agreement that expires at the end of 2018;

-- That the County Legislature has indicated that it will forge separate agreements with the towns and villages based on a fixed dollar amount – and not a percentage that previously applied.

On Monday night, the Batavia City Council moved to vote on its agreement with the county at its next meeting on Sept. 24.

The new 40-year agreement calls for the city to receive its current 16 percent of the county’s share (Genesee County gets to keep half of the 8 percent sales tax, with the rest going to the state) through this year with provisions for that amount to grow in future years by a maximum of 2 percent per year.

If future sales tax growth exceeds 2 percent annually, the county will retain the amount above 2 percent, resulting in the city’s overall percentage share changing even though the city received additional funds. In any event, the City’s share will be no less than 14 percent for the remainder of the 40-year contract.

Meanwhile, towns and villages, which currently split 34 percent of the county’s share based on full taxable value of real property, are left out in the cold going forward, said Hagelberger, who reported that legislators on Wednesday night tabled voting on the agreement with the City of Batavia based on new information from the State Comptroller’s office.

“We have learned that the county has decided not to include us in the sales tax agreement, but will be replacing that with ‘Payment Distribution Agreements’ with the individual towns and villages,” he said. “Their proposal caps the sales tax distribution at the 2018 number – a fixed dollar amount and not a fixed percentage as in the past.”

What this means, according to Hagelberger, is that towns and villages would get the same dollar amount as they received in 2018 for the next 40 years. In the Town of Darien's case, for example, he projects sales tax revenue to exceed $1 million for this year.

“And we all know what happens with inflation and fixed incomes,” he said. “This is not good for towns and villages.”

County Manager Jay Gsell confirmed that the county is offering a fixed amount to towns and villages -- instead of a percentage – via what he termed a “Revenue Distribution Agreement.”

“The county is looking at building a new jail and spending $120 million on bridges and roads,” Gsell said. “Genesee is one of three counties in the state, by virtue of a 1938 statute, totally responsible for the maintenance, upkeep and replacements of bridges and culverts – anything going over a body of water that a vehicle can drive over.”

Gsell acknowledged that towns and villages may have to look at other revenue streams.

“Darien and Pembroke, for example, have zero town tax rates,” he said. “They have been budgeting a lion’s share through sales tax revenue.”

He also said the legislature is prepared to act on its agreement with the City of Batavia at its Sept. 26 meeting, noting that a procedural point brought up by the State Comptroller’s office forced the board to table it last night.

Hagelberger said that town supervisors are under a time crunch to submit their preliminary budgets later this month – fiscal plans that include property tax projections.

“We may not know in enough time to properly work up a budget. We have no guarantee if revenue from sales tax will go into the budget. It creates a lot of uncertainty,” he said, adding that any sales tax contract has to be approved by the State Comptroller’s office and that could impact the accuracy of final budgets which need to be completed by Nov. 28.

Hagelberger said he hopes the county will “clarify its position” soon and expects the issue to be a major part of the next GAM meeting on Sept. 20 at Genesee County Building 2 on West Main Street Road.