Darien

Five children where injured in a two-car accident on Thursday afternoon when a 17-year-old driver in Darien allegedly failed to yield the right-of-way.

All five children, ages 9 to 13, were transported by ground ambulance to Erie County Medical Center with non-life threatening injuries.

The 17-year-old driver, Dean G. Cullinan, of Prospect Street, Corfu, also suffered a minor injury and was transported to UMMC.

Cullinan was reportedly southbound on County Line Road when he went through a stop sign at Sumner Road.

Kelly Susan Ford, 45, of Fairfield Drive, Clarence, was driving a 2011 Honda SUV eastbound on Sumner with the five children in the vehicle.

Ford told Deputy Ron Meides that Cullinan's 1995 Plymouth minivan seemed to suddenly appear in front of her at the intersection. She couldn't tell, she said, if the minivan had stopped before entering the intersection.

Cullinan told Meides that he had stopped and decided to proceed once he thought the roadway was clear of cross traffic. He said he didn't see Ford's SUV.

The children injured were Kristen H. Olivieri, 9, Clarissa Surianello, 13, Mara K. Giambrone, 13, Emily E. Ford, 13, and Katherine L. Ford, 11.

Meides issued citations to Cullinan for allegedly failing to stop at a stop sign and failure to yield the right-of-way.

(initial report)

A two-car accident with possibly serious injuries is reported at 192 Sumner and County Line roads, in Darien. One vehicle reportedly has five children inside.

Darien Fire Department and Mercy EMS are responding.

UPDATE 12:08 p.m.: A unit on scene reports only minor injuries.

UPDATE 12:17 p.m.: All occupants are out of the vehicles.

UPDATE 12:20 p.m.: Two flatbed tow trucks are requested to the scene.

UPDATE 12:54 p.m.: Mercy units transporting patients to UMMC and Suburban Hospital in Buffalo.

UPDATE 1:04 p.m.: All Darien units back in service.

A possible structure fire is reported at 10820 Darien-Alexander Townline Road. A vehicle is on fire close to a residence there.

Darien Fire Department is responding along with mutual aid from Alexander.

The location is between Broadway and Buffalo Street roads.

UPDATE 11:38 p.m.: The vehicle fire is "well involved" and about six feet from the house.

UPDATE 11:42 a.m.: Darien chief reports the car fire is out and the structure was not involved.

The following arrests were made by the Genesee County Sheriff's Office in conjunction with the Tim McGraw concert at Darien Lake Performing Arts Center on Saturday.

Jordan M. Kuhn, 24, of Salzburg Village, Palmyra, is charged with criminal possession of stolen property, disorderly conduct and harassment, 2nd. Kuhn allegedly struck a Darien Lake security officer in the face and then fought with security. He was also allegedly found to be in possession of a stolen sign belonging to Darien Lake. Kuhn was jailed on $1,000 bail. 

Crystal M. Norris, 26 of Salzburg Village, Palmyra, is charged with harassment, 2nd. Norris is accused of pushing a Darien Lake security guard during the arrest of Kuhn.

Mark P. Scally, 27, of Norhill Drive, Rochester, is charged with criminal possession of a weapon, 4th, and criminal possession of a controlled substance, 7th. Scally was allegedly found in possession of drugs and an expandable billy club.

Stephen J. Csapo, 20, of Commerce Drive, Avon, is charged with trespass. Csapo allegedly reentered the facility after being ejected and told not to return.

Thomas J. Metacale, 21, of Main Street, Hornell, is charged with trespass after allegedly refusing to leave the concert venue after being ejected. 

Joseph M. Cicero, 21, of Carter Road, Fairport, is charged with trespass. Cicero was ejected from the concert venue and then allegedly tried to reenter by jumping a fence.

Maureen K. Freeman, 20 of North Avenue, Avon, is charged with trespass. Freeman allegedly returned to the concert venue after being ejected.

Joshua D. Caples, 20, of Oswego Road, Phoenix, is charged with disorderly conduct. Caples is accused of urinating on other people in the lawn area of the concert venue.

Robert P. Coots, 34, of West Transit Church Road, Albion, is charged with DWI and driving with a BAC of .08 or greater. Coots allegedly drove from the concert venue in an intoxicated condition.

The following citations were issued for allegedly possession of alcohol under 21 years of age:

Katrina L. Schmieder, 19, of Route 98, Attica
William Ruiz III, 18, of Maryland Street, Buffalo
Mitchell P. Hamilton, 19, of Route 36, Jasper
Tyler S. Odell, 20, of Route 36, Canisteo
Kristin K. Pierce, 20, of East Avenue, Arkport
Cody J. McCormick, 20, of 4th Street, Canisteo
A 17-year-old of Captain’s Cove Lane, Webster
A 16-year-old of Bay Meadow Drive, Webster

Brandon Alan Eisenberg, 27, of Village Gate, Williamsville, is charged with criminal possession of a controlled substance with intent to sell, criminal possession of marijuana, three counts of criminal possession of a controlled substance, 7th, and inhalation of toxic gas (Nitrous Oxide). On June 8, Eisenberg was initially charged with criminal possession of marijuana, 4th, and now these new charges have been added. Eisenberg was arrested in Darien.

Alysasa Marie Lori, 19, of Roe Drive, Cheektowaga, is charged with aggravated harassment, 2nd. Lori is accused of continuing to make harassing phone calls and sending text messages to a person after being warned by that person, a Corfu resident, and police to cease the communications.

A 16-year-old from East Main Street, Le Roy, is charged with false personation. The youth is accused of providing a false identity to police during an investigation of an alleged underage drinking party at 1:04 a.m., June 5, at 98 North St., Le Roy.

Michele Ann Case, 46, of North Bergen Road, Bergen, is charged with petit larceny and criminal mischief, 4th. Case is accused of spray painting a mailbox that did not belong to her. Case allegedly took a mailbox and painted over the house numbers on it and then painted her own house numbers on it.

Jesse Jack Carney, 19, Highland Drive, Marcelius, is charged with petit larceny and possession/consumption of alcohol by a person under 21. Carney is accused of stealing Dippin Dots ice cream while at Darien Lake Theme Park. During the investigation by Deputy Patrick Reeves, Carney was allegedly found in possession of alcohol.

Elizabeth Rose Kaylie Searle, 18, of Apulia Road, La Fayette, is charged with petit larceny and possession/consumption of alcohol by a person under 21. Searle is accused of stealing Dippin Dots ice cream while at Darien Lake Theme Park. During the investigation by Deputy Patrick Reeves, Searle was allegedly found in possession of alcohol.

Andrea Murphy Harrington, 19, of Otisco Valley Road, Preble, is charged with possession/consumption of alcohol by a person under 21. Harrington was reportedly at Darien Lake Theme Park and allegedly consuming alcohol.

Candice Ashley Clemens, 19, of Route 80, La Fayette, is charged with possession/consumption of alcohol by a person under 21. Clemens was reportedly at Darien Lake Theme Park and allegedly consuming alcohol.

Tyler Pasquale Schroeder, 19, of Lewiston Road, Batavia, was turned over to the Sheriff's Office by Attica Police on a bench warrant out of Batavia City Court. Schroeder was jailed on $50,000 bail.

Lewis Martin Fuller, 51, of Clinton Street Road, Bergen, is charged with unlawful possession of marijuana. Fuller reportedly voluntarily turned over suspected smoking paraphernalia during an investigation into a domestic incident on June 14. The paraphernalia allegedly contained a quantity of marijuana.

Anthony Devon Alexander, 37, Wast Main Street Road, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Alexander is accused of slapping a 13-year-old boy on the face leaving welts and bruising. The alleged incident occurred at noon, Sunday (Father's Day).

Stephanie Rae LaVoice, 26, of Brown Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving left of the pavement markings in a no-passing zone and driving left at railroad crossing. LaVoice was stopped at 1:17 a.m., Saturday, on Brown Road, Batavia, by Deputy Jason Saile.

Ryan M. Palmer, 29, of 10 Birchwood Drive, Batavia, is charged with harassment, 2nd. Palmer is accused of shoving a female acquaintance.

Paul B. Heale, 58, of 29 Linwood Ave., Batavia, is charged with harassment, 2nd, endangering the welfare of a child and resisting arrest. Heale was arrested following an alleged domestic incident at 6 p.m., Saturday.

Shawn William Shanahan, 40, of Bonnie Brae Drive, Darien, is charged with DWI, aggravated driving with a BAC of .18 or greater, failure to keep right, possession/consumption of alcohol in a motor vehicle. Shanahan was stopped at 2:16 a.m., Sunday, on Route 20, Darien, by Deputy Patrick Reeves.

Rene Corez-Marrero, 28, of East Utica Street, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and dark window tint. Corez-Marrero was stopped at 7:54 p.m., Saturday, on Route 77, Pembroke, by Deputy Patrick Reeves. Corez-Marrero is also charged with coercion, 2nd, and harassment, 2nd. Corez-Marrero was reportedly involved at an incident at 7:30 p.m., Saturday, at Darien Lake Theme Park where Corez-Marrero allegedly did not allow a woman to contact police and took her personal property.

Dean Wilkins, 47, of Telephone Road, Pavilion, is charged with criminal possession of a forged instrument, 2nd. Wilkins is accused of depositing a forged check into an account at the Le Roy Federal Credit Union. Wilkins was jailed without bail.

Heidi L. Thomas, 27, and Denise R. Queen, no age given, both of 20 1/2 Dellinger Ave., Batavia, are charged with attempted petit larceny. Thomas and Queen allegedly tried to steal merchandise from Dollar General on June 17.

Hannah E. Dibble, 18, and a 16-year-old, both of Akron Road, Corfu, and a 17-year-old of Longs Lane, Corfu, are all charged with petit larceny. The trio is accused of shoplifting at 10:08 p.m., June 14, from Walmart.

A large plume of smoke is reported coming the woods at 951 Broadway Road. The type of fire is unknown. Darien Fire Department is dispatched.

The location is between Harlow and Warner roads.

UPDATE 12:54 p.m.: The chief says it's a small controlled burn.

UPDATE 12:55 p.m.: The fire stems from burning paper and wood. The homeowners have been advised of burn regulations. Darien is back in service.

Daniel William Tuerk, 25, of Genesee Street, Corfu, is charged with DWI and driving with a BAC of .08 or greater. Tuerk was arrested after reportedly trying to proceed through an accident scene on East Main Street, Corfu, at 12:58 a.m., Saturday.

Earl Bryan Benson, 22, of Chestnut Street, Batavia, is charged with felony DWI and refusal to submit to breath test. Benson was reportedly found asleep in a vehicle at 2 a.m., Sunday, parked at 64 S. Main St., Elba. Sgt. Brian Friday made the arrest after an investigation revealed that Benson allegedly drove drunk to that location. Benson was jailed on $1,000 bail.

name redacted, 18, of 36 Dellinger Ave., Batavia and Jordon E. Terkel, 21, of 76 E. Main St., Corfu, are charged with unlawful dealing with a child, 1st, and endangering the welfare of a child. xxx and Terkel are accused of supplying alcohol to two 15-year-olds and a 16-year-old on May 28.

Jason Warren Spencer, 25 of Church Street, Le Roy, is charged with criminal obstruction of breathing or blood circulation and harassment, 2nd. Spencer is accused of being involved in an unspecified incident alleged to have occurred early Saturday morning.

Eugeno Nunez-Gomez, 22, of Hundredmark Road, Elba, is charged with DWI, drving with a BAC of .08 or greater, failure to keep right, unregistered motor vehicle, improper/switched plates. Nunez-Gomez was stopped at 1:12 a.m., Sunday, in the area of 5800 Transit Road, Elba, by Deputy Frank Bordonaro.

James Daniel Kavanagh, 21, of North Avenue, Le Roy, is charged with assault, 3rd. Kavanagh is accused of being involved in a fight at an address on Main Road, Stafford, in which he injured another person.  

Jason Paul Schaefer, 19, of Martin Road, Clarence Center, is charged with criminal contempt, 2nd. Schaefer is accused at being at the Phish concert June 8 while another person he is barred from being near was also at the concert. Schaefer then allegedly got into a verbal altercation, allegedly violating the order of protection.

Matthew F. Vanbuskirk, 22, of 108 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and having non-transparent side windows. Vanbuskirk was stopped Saturday by a Le Roy Police patrol.

Lena Marie Evans, 23, of West Main Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Evans was allegedly found in possession of narcotics during a check the welfare complaint at 8:32 p.m., Friday.

Ryan Christopher Riggi, 16, of Transit Road, Elba, is charged with criminal contempt, 1st. Riggi allegedly violated an order of protection after reportedly pushing a caseworker on a home visit. Riggi was jailed on $1,000 bail.

Kevin James Huston, 27, of Brooklyn Avenue, Batavia, is charged with petit larceny. Huston is accused of claiming rewards and discounts from Kmart he was not entitled to obtain.

Evan Charles Burstein, 24, of Sunset Hills Road, Reston, Va., is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Burstein was reportedly found by Darien Lake security wandering around the theme park in an intoxicated condition. Upon investigation by Deputy Chad Minuto, he was allegedly found in possession of Clonazepam tablets outside their original container and a quantity of marijuana. Burstein was jailed on $250 bail.

John Mitchell Irish, 29, of Dartmouth Street, Rochester, is charged with felony DWI. Irish was allegedly involved in a car vs. pedestrian accident on Sumner Road, Darien, at 12:26 a.m., June 9. Irish was jailed on $1,500 bail.

Jessica R. Johns, 28, of 120 Jackson St., Batavia, is charged with unauthorized use of a vehicle, 3rd. Johns is accused of taking the car of an acquaintance without permission on June 9. Johns was located on June 10 and the car was returned reportedly undamaged.

Jason Schafer, 23, of Geneseo, is accused of evading cigarette taxes. Schafer was allegedly found in possession of 2,000 untaxed cigarettes.

The mellow fans of Phish didn't cause many problems for the Sheriff's Office during the band's concert at Darien Lake on Wednesday.

Only one arrest was made and only one underage drinking citation issued.

"The fact that only Phish concertgoers were in the amusement park, hotel, camping and the concert yesterday, seemed to make for a pleasant day for all," said Deputy Chief Gordon Dibble.

He said EMS was kept busy with heat and alcohol- and drug-related issues.

Arrested were:

Brandon A. Eisenberg, 27, of  Village Gate Court, Williamsville, is charged with criminal possession of marijuana, 4th. Eisenberg is accused of possessing a large quantity of marijuana. Additional charges may be pending.

Adam M. McNamara, 19, of Dean Street, Schenectady, was cited for allegedly possessing alcohol under 21 years of age.

A young woman from Varysburg was struck by a car on Sumner Road early this morning and taken by Mercy Flight to ECMC, according to the Sheriff's Office.

According to a press release, 18-year-old Iesha Vetter is in stable condition at the hospital.

Vetter was on foot when she was hit by a car driven by Mitchell J. Irish, 29, of Rochester.

Irish was driving a 2008 Chevrolet Cobalt.

Vetter reportedly suffered internal injuries.

A cause of the accident has not been determined and it remains under investigation. 

The investigation is being conducted by Deputy Kevin McCarthy, Deputy Frank Bordonaro, Sgt. Greg Walker and Sgt. Brian Frieday. Assisting at the scene were the NY State Police, Darien Fire Department and Mercy EMS.

Ronald L. MacGregor, 42, of 66 Lake St., Le Roy, is charged with criminal possession of a forged instrument, 2nd. MacGregor was arrested following an investigation by Le Roy Police into an allegation that MacGregor entered a local pharmacy possessing a forged or altered prescription script and passed it to pharmacy staff. MacGregor was jailed on $3,000 bail.

Martin Fitzgerald Jones, 40, of West Main Street Road, Batavia, is charged with petit larceny. Jones was arrested on a warrant out of city court.

Dwayne William Brown, 25, of North Main Street, Holley, is charged with DWI, driving with a BAC of .08 or greater, speeding (90 mph in a 55 mph zone), passing in a no passing zone, operating out of class. Brown was stopped at 2:53 a.m. Saturday on Route 33, Stafford, by Deputy Frank Bordonaro. Bordonaro allegedly observed Brown riding a motorcycle on Route 33 while going 90 mph.

Joseph Thomas Bortle, 39, of Knowlesville Road, Oakfield, is charged with petit larceny and criminal possession of a controlled substance, 7th. Bortle is accused of trying to shoplift $26.97 in batteries from Kmart. During the investigation, Bortle was allegedly found in possession of a narcotic analgesic pill for which he didn't have a prescription.

Jordan Gerard Merica, 19, of Alleghany Road, Corfu, is charged with unlawful possession of marijuana. Merica was stopped on Route 77, Darien, for alleged traffic violations at 4:40 p.m. Friday by Deputy Patrick Reeves. 

Brian Patrick O'Grady, 46, of Lyman Road, Bergen, is charged with driving while impaired by drugs and alcohol. O'Grady was allegedly involved in a property damage accident on Dublin Road, Bergen, at 11:45 p.m. Sunday. O'Grady allegedly left the scene of the accident and was located at his residence a short time later.

Elizabeth Ann Lindner, 24, of West Main Street Road, Batavia, is charged with forgery, 2nd. Lindner is accused of passing a forged check.

A three-car accident is reported at Broadway (Route 20) and Warner roads in Darien. Injuries are believed to be minor.

Darien Fire Department and Mercy EMS are responding.

A driver was taken to ECMC with a complaint of neck pain yesterday following a one-car rollover accident at 4:54 p.m. on Route 77, Darien.

Nickol R. Burnett, 20, of Horseshoe Lake Road, Stafford, was cited for allegedly driving too fast for conditions.

Deputy Chris Parker, in his report, said the roads were slick with rain and Burnett lost control of her vehicle. Her 2004 Chevy sedan began to spin clockwise and traveled off the roadway and struck a culvert at the end of a driveway causing it to overturn.

Youngsters who get arrested for underage drinking or unlawful possession of marijuana may want to be careful about skipping court dates in the future.

Sen. Mike Ranzenhofer and Darien Town Justice Gary Graber were in Batavia today to announce the state Senate approval of a new law that would suspend the driving privileges of any person who fails to appear in court for those charges.

Graber called the current laws unenforceable because there has been no penalty for skipping court appearances. 

Because convictions for the infractions of underage drinking or unlawful possession of marijuana never include jail time, judges and justices are unable to issue warrants when a suspect doesn't appear in court.

"(The current law) encourages a lack of respect for the courts and the law and weakens the educational purposes of these laws to strongly discourage underage drinking and marijuana possession,” Ranzenhofer said. “This legislation will now give judges a remedy to the loopholes in the current law to enforce the sanctions of the court."

Graber, of course, sits in a court just down the road from Darien Lake Theme Park where, during the concert season, local law enforcement issues many citations for underage drinking and UPM.

Justices from throughout New York have been seeking a change in the law for years, Graber said.

Full press release after the jump:

Batavia, N.Y. – State Senator Michael H. Ranzenhofer and Darien Town Justice Gary Graber announced passage of legislation in the State Senate that grants courts the authority to suspend a driver’s license – in cases of underage possession of alcohol and unlawful possession of marijuana – when a person fails to appear before the court or comply with the sentence of the court.

If a person does not comply with the court’s sentencing or appear before the court, there is nothing the court can do and the court cannot issue a warrant since jail time is not a possible sentence.

“The current law is unenforceable. It encourages a lack of respect for the courts and the law and weakens the educational purposes of these laws to strongly discourage underage drinking and marijuana possession,” Ranzenhofer said. “This legislation will now give judges a remedy to the loopholes in the current law to enforce the sanctions of the court.  Passage of this bill in the state Senate is one step closer to ensuring judges have the right tools to enforce the law.”

An alarming number of people, in cases of possession of marijuana or underage possession of alcohol, disregard the sentence of the court by failing to pay the fine, complete an alcohol awareness program or community service. In one local court, out of 96 arrests for underage alcohol possession, six persons had failed to appear, one person has not paid his fine, two are still pending pre-trial and 35 or 30 percent have not completed their court ordered alcohol awareness program. 

The introduction of this legislation in the State Legislature occurred after the request of numerous Town Justices.  Justices from the towns of Alabama, Alexander, Bergen, Bethany, LeRoy, Oakfield and Pavilion have written to Senator Ranzenhofer in support of this legislation. 

“This legislation has been on the legislative agenda of the New York State Magistrates Association for many years. It is essential that the Town, Village and City Court Judges that handle these matters have the ability to enforce their sentences so that the education of young people in alcohol and substance abuse matters, provided in the statutes, are not ignored. We are very grateful to the sponsors and supporters of this legislation both in the Senate and Assembly as well as the treatment and prevention community,” said Graber.

“GCASA supports the work of the New York State Magistrates Association in advocating for legislation that holds offenders of our substance abuse laws accountable for not following through on court ordered sanctions.  We thank Senator Ranzenhofer and the State Senate for passing this legislation and are asking the Assembly to do the same.  This measure provides the needed tools for our judges to hold offenders accountable and make our communities healthier and safer,”  said Genesee/Orleans Council on Alcoholism and Substance Abuse Executive Director David G. Markham.

The bill (S.3188) passed the State Senate on May 17. Senator Ranzenhofer is sponsoring the bill in the State Senate.  Assemblyman Robin Schimminger is sponsoring the bill in the State Assembly.

Wallace Eugene Urf, 33, Pavilion Center Road, Pavilion, is charged with a felony count of DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation, 2nd. Urf was taken into custody at 6:05 p.m. Monday on Broadway, Darien, following a complaint of a domestic incident. Urf was allegedly found driving a car on a suspended license while intoxicated by Deputy Kevin McCarthy. Corfu Police assisted in the apprehension.

David Lawrence Popielinski, 22, of Schad Road, Alden, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. At 10:15 p.m. Tuesday, the Sheriff's Office received a complaint of a car off the road on Harlow Road, Darien. Deputy Kevin McCarthy investigated and arrested Popielinski.

Grant Arnold Sundown, 46, of Skye Road, Tonawanda Indian Reservation, is charged with criminal contempt, 2nd. Sundown is accused of having contact with a protected person.

A two-car accident has been reported in the area of 1431 Broadway Road, Darien.

Initially, one driver was trapped, but managed to get himself out.

No injuries are reported. Medics responding for evaluation of victims.

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A trailer owned by an ardent Jack Davis supporter in Darien that was badly damaged in a fire on May 9 is being investigated as an arson, according to Chief Deputy Jerome Brewster.

But the torching is not considered a political act, Brewster said.

It's probably related to an April 1 fire in an unoccupied fire at 9427 Alexander Road, Alexander.

In both cases, holes were found in the floors of the trailers, which is consistent with somebody setting a fire and using an accelerant.

In both cases, no other cause -- electrical, natural gas, lightning, etc. -- could be uncovered.

"When there's nothing there that is believed to have been able to cause it to catch fire, then we have to look at possible human involvement," Brewster said.

No suspects have been identified.  

Brewster said investigators have little to go on -- no gas can left behind with finger prints, no witnesses, no physical evidence.

"Bottom line, unless you have something that connects somebody to that fire, you’re stuck," Brewster said. "It's very difficult. Arsons are very difficult."

Brewster said investigators have been canvassing the neighborhoods looking for witnesses.

He said there's no indication the owner of either trailer had somebody motivated to damage their property for personal reasons.

The May 9 fire was at 11198 Tinkham Road, Darien. The property is owned by Charlie Flagg, a local artist who had planted 5,000 Jack Davis signs in his yard.

"When you have a structure that is not being used and all the sudden it catches on fire, all the sudden your eyebrows are going to go up," Brewster said.

Anybody with information that might assist in the investigation are asked to call the Sheriff's Office at 343-5000.

The cause of a trailer fire in Darien last night remains under investigation by the Sheriff's Office.

The fire was reported at 9:06 p.m. at 11198 Tinkham Road.

The trailer was owned by Charles Flagg and used for storage. The total loss from the blaze is estimated to be less than $1,000.

Flagg recently made news by planting more than one thousand lawn signs supporting Jack Davis for Congress on his property.

While the cause of the fire has not been determined, there's no indication the fire and his political support of Davis are connected.

There were no injuries reported.

The Darien Volunteer Fire Department responded quickly and extinguished the fire.