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Police Beat: Batavia man picked up for being under the influence in public

By Howard B. Owens

Gregory Seppe, 51, no permanent address, is charged with appearance in public under the influence of narcotics or drugs other an alcohol. Seppe was taken into custody after he appeared in the city at several different locations. At 11:05 a.m., Saturday, police responded to another complaint reportedly about Seppe at 412 E. Main St., Batavia, where he was taken into custody.

Mark E. Flemming, 20, of 62 Swan St., Batavia, is charged with harassment, 2nd. At 5:09 a.m., Sunday, Batavia Police responded to an alleged domestic incident and took Flemming into custody.

Megan Elizabeth Buss, 21, of Alicia Circle, Churchville, is charged with DWI, driving with a BAC of .08 and moving from lane unsafely. Buss was charged following a car-into-pole accident on Peachy Road at 6:12 a.m., Sunday.

Kendric Lydell White, 27, of Affinity Lane, Rochester, is charged with unlawful possession of marijuana. White was arrested following a vehicle check at Darien Lake.

Tyree Elijah Smith, 28, of Sunset Street, Rochester, is charged with unlawful possession of marijuana. Smith was arrested following a vehicle check at Darien Lake.

Paula Ann Kingdollar, 41, of Bank Street, Batavia, is charged with petit larceny. Kingdollar is accused of stealing perfume from Kmart.

Edward Joseph Kutas, 18, of Woodside Lane, Depew, is charged with unlawful dealing with a child. Kutas is accused of hosting an underage drinking party at a residence on Darien-Alexander Townline Road. He was arrested early Sunday morning.

Brandon M. Klinkbeil, 23, of 80 South Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, not wearing a seat belt, and operating an unregistered vehicle. Klinkbeil was stopped at 2:41 a.m., Sunday, by Le Roy Police Sgt. William Hare.

Dennis N. Gonglewski, 49, of Colonial Avenue, Kenmore, is charged with DWI, driving with a BAC of .08 and failure to keep right. Gonglewski was stopped at 10:45 p.m., Friday, by Deputy Patrick Reeves.

Three 17-year-olds were arrested for alleged shoplifting by Batavia Police 12:10 p.m., Friday and charged with petit larceny. All three youths are Batavia residents. The trio is accused of trying to steal $58.90 in merchandise from Tops Market.

Gordon C. Gonyo, 56, of Byron Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and consumption of alcohol in a vehicle. Gonyo was stopped at 12:26 p.m., Friday, by Deputy Chris Parker after a witness reported an erratic operator in the area of Bryon Road.

Jeremy Andrew Douglas, 29, of Crosby Lane, Rochester, is charged with unlawful possession of marijuana. Douglas was stopped for an alleged traffic violation by Deputy Brian Thompson at 6:40 a.m., Thursday, on Bank Street Road in the Town of Batavia.

Police Beat: Le Roy man accused of possessing stolen parking signs

By Howard B. Owens

Daniel C. Healy, 19, of Le Roy, is charged with criminal mischief, 4th, and possession of stolen property. Le Roy Police originally responded to a disturbance call on North Street. Upon arrival, they found that Healy allegedly damaged a door inside the residence. While investigating that incident, Patrolman Robert Tygart found Healy allegedly in possession of several parking signs removed from various locations in Le Roy and Avon.

Cheryl Ann Szdlowski, 50, of Main St, Strykersville, is charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana. Szdlowski was reportedly a passenger in a car that was stopped for an alleged traffic violation on Route 77 in Darien. During a search following her arrest for alleged possession of marijuana, she was allegedly found in possession of two different kinds of controlled substances.

Brandon Cody McCoy, 19, of Angling Road, Corfu, is charged with unlawful possession of marijuana, possession/consumption of alcohol in a vehicle. McCoy was stopped for an alleged traffic violation at 2:15 a.m., Saturday, on Angling Road, Corfu, by Deputy Patrick Reeves.

Eric Lynn Skeet, 21, of Cohocton Road, Corfu, is charged with criminal possession of a controlled substance, unlawful possession of marijuana, and possession of a controlled substance not in its original container. Skeet was stopped by Deputy Patrick Reeves for an alleged traffic violation shortly after midnight, Saturday, on Cohocton Road. Upon a search after Skeet was found allegedly in possession of marijuana, Skeet was allegedly found in possession of hydrocodone hidden in his footwear.

Craig Alan Tiberio-Shepherd, 20, of Lathrup Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, criminal possession of a controlled substance, unlawful possession of marijuana, and speeding (80 mph in a 55 mph zone). Tiberio-Shepherd was stopped at 1:15 a.m., Saturday, by Deputy Frank Bordornaro on Route 5 in Le Roy, for allegedly speeding. A passenger in the car, Jourdain J. Holly, 20, of Le Roy, was also charged with an open container violation.

William Karl Vaughn, 26, of West Bergen Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, improper right turn, driving left of pavement markings, uninspected motor vehicle. Vaughn was stopped at 2:11 a.m., Sunday, by Deputy John Weis on Route 19, Le Roy.

Sons of God Motorcycle Club Bike Blessing

By Robin Walters

The Sons of God Motorcycle Club will be hosting a Bike Blessing at Stan's Harley Davidson 4425 W. Saile Drive, Batavia, NY  this Saturday, May 15th.

The event will be held from 11:30 AM-4:00 PM.  There will be hotdogs and pop available for $ 3.00.

The band Wales Road will be featuring Live Rock and Roll music. They are a "Blues based metal with a Christian frosting".

For more information call Ron at 585-455-9590 or you can find more information at

www.walesroad.com

Event Date and Time
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Pole and wires down on Richley Road, Darien

By Billie Owens

A utility pole and primary electrical wires are down in the roadway at Richley Road, just east of Colby Road, in Darien. The roadway will have to be shut down temporarily as a result from Richley down to Harper Road. Darien Fire Department is responding. National Grid has been notified.

 

Police Beat: Stafford man accused of using shotgun during domestic dispute

By Howard B. Owens

Jeffrey M. Kohorst, 21, of 6105 Main Road, Stafford, is charged with menacing and reckless endangerment. Kohorst is accused of getting into a domestic dispute with a former girlfriend and her current boyfriend at the Kohorst residence. While the former girlfriend removed her property from the residence, Kohorst allegedly retrieved a shotgun from inside his home and confronted the new boyfriend demanding that he leave the property. Kohorst allegedly followed his threat by firing one shot in the direction of, and in close proximity to, the boyfriend. Kohorst was jailed on $15,000 bail.

Frank E. Finnin, 44, of 10 S. Main St., Batavia, is charged with petit larceny. Finnin reportedly was wanted on a warrant out of City Court for failure to answer an alleged petit larceny charge. Finnin was spotted by Officer Dan Coffey at 10:15 a.m., Friday, walking on West Main Street.

Timothy Lee Taylor, 35, of Batavia, is charged with criminal contempt. Taylor is accused of violating an order of protection out of Family Court that limited the number of calls he could make to his ex-girlfriend. Taylor allegedly made more than 355 calls over an unspecified amount of time.

Scot G. Judd, 27, of Albion, is charged with unlawful possession of marijuana. Judd was arrested at 9:47 p.m., Wednesday, by Deputy Kevin McCarthy, who was conducting an investigation at the Mark Trial Hotel when he found Judd allegedly in possession of marijuana.

Elizabeth Anne Holly, 46, of Le Roy, is charged with DWI, driving with a BAC of .08, driving left of the pavement markings. Holly was stopped by Sgt. Thomas Sanfratello at 2:14 a.m., May 1, for allegedly crossing the double-yellow lines as she exited Valu Plaza on West Main Street.

Taheed Makal Moffett, 25, of Rochester, is charged with conspiracy, 5th. Moffett is accused of conspiring with another person in Genesee County Jail to promote prision contraband. No further details were released.

Jeffery Matthew Kaczmarek, 41, of Darien, is charged with DWI, driving with a BAC of .08 or higher, driving left of the pavement markings, moving from lane unsafely. Kaczmarek was stopped by Deputy Jason Saile at 2:26 a.m, Saturday, on Route 20 in Alexander.

Michael James Killigrew, 21, of Corning, is charged with DWI, driving with a BAC of .08, and moving from lane unsafely. Killigrew was arrested by Deputy Jason Saile at 2:55 a.m., Saturday, on Route 20 in Bethany following a report of a one-car accident. Killigrew reportedly swerved to avoid striking a deer and his car wound up in a ditch.

Jason Guy Nichols, 37, of Batavia, is charged with criminal trespass and harassment. Nichols is accused of entering a residence on East Main Street in Batavia without permission. While inside he allegedly harassed a woman during a domestic dispute. At his arraignment in Batavia Town Court, an order of protection was issued.

Trees down, and maybe wires, on Dodson Road

By Billie Owens

Trees are down blocking the roadway at 3171 Dodson Road, between Attica and Griswold roads. Wires are possibly down, too. Darien Fire and Corfu have responded and will be using chain saws to clear the wood.

Police Beat: Babysitter accused of striking 7-month-old

By Howard B. Owens

Nicholas A. Thurley, 25, of Lake Street, Apt. B, Le Roy, is charged with endangering the welfare of a child. Thurley was arrested after police received a complaint of 7-month-old baby with a heavily bruised buttocks. He is accused of striking the child on his face and buttocks while babysitting for a friend over the weekend. He was jailed on $2,500 bail. Det. John Candidorio and Officer Daryl Robb handled the investigation.

A 17-year-old from Batavia is charged with sexual misconduct. He is accused of engaging in intercourse with a 16-year-old girl from Batavia.

A 17-year-old from Le Roy was arrested on a warrant from the New York Office of Children and Family Services. The youth had been wanted by OCFS since October. He was found in an apartment in the Village of Le Roy.

Farah St. Cloud, 18, of Rochester, is charged with criminal trespass. St. Cloud was apprehended after allegedly trying to flee through a bedroom window at College Village, where she once lived, but had been allegedly banned from the property.

Wyatt Jeremiah Becker, 19, of Darien, is charged with trespass and unlawful possession of marijuana. Becker is accused of entering another person's property after being told not to do so. At the time of his arrest, he was allegedly found in possession of marijuana. He was jailed on $500 bail.

Accidents from the State Police blotter:

2:54 p.m., May 2, Lewiston Road, Town of Batavia, two vehicles; Driver 1: Michael A. Witkop, 18, of Batavia; Driver 2: Ronald J. Beardsley, 51, of Nunda. No injuries reported.

Report of large brush fire off Harper Road, Corfu

By Howard B. Owens

A "large brush fire" moving into the woods has been reported in the area of 9980 Harper Road, Corfu.

Darien Fire has been dispatched.

UPDATE 3:45 p.m.: Chief on scene reports large brush fire, but not heading into the woods. He's going to explain the new burn laws to the property owner. Darien units, except 46, being put back in service. Incident address corrected to 9990 Harper Road.


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Grass fire reported on Countyline Road, Darien

By Howard B. Owens

Darien Fire is responding to a reported grass fire north of the CSX railroad crossing and Countyline Road.

The fire is south of Route 33.

UPDATE 9:09 p.m.: Fire extinguished. All Darien units back in service.

Police Beat: Grandmother and mother accused of keeping child in squalor

By Howard B. Owens

Lisa Rene Richmond, 22, of 3181 Dodgeson Road, Alexander, is charged with endangering the welfare of a child. Richmond is accused of maintaining squalid living conditions with her 2-year-old son living at the house. Department of Social Services and Child Protective Services are following up on the case.

Lynda Rae Morrill, 44, of 3181 Dodgeson Road, Alexander, is charged with endangering the welfare of a child. Morrill is accused of allowing her 2-year-old grandson to live in squalor.

Leslie G. Cannon, 46, of 9022 Linwood Road, Le Roy, is charged with unauthorized use of a vehicle, 3rd. Cannon is accused of borrowing a car and then refusing to return it at the agreed upon time.

Shannon Victoria Albano, 25,  of 1523 Friedman Road, Darien, is charged with DWI, driving with a BAC of .08 or greater and improper right turn. Albano was stopped at 1:03 a.m., Monday, on Griswold Road in Darien by Deputy Jason Saile.

Javonie E. McKinney, 36, of 705 Viking Way, Brockport, is charged with DWI, aggravated unlicensed operation, improper lane change and leaving the scene of an accident. McKinney was driving on Bank Street in Batavia at 12:40 a.m., Saturday, when he allegedly struck a utility pole. He then allegedly drove from the scene and was located later at Bank and North streets.

Brandon C. Dodd, 23, of 41 Maple St., Batavia, is charged with harassment, 2nd, Dodd is accused of going to the house of a woman and threatening to hurt her. He was jailed on $2,000 bail.

Summer Marie Morley, 26, of 36 Exchange St., Apt. C, Attica, is accused of DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Morley was stopped at 12:45 a.m., Saturday, by Deputy Jason Saile on Route 238 in Darien.

Tiffany M. Miller, 20, of Rochester, is charged of petit larceny. Miller was arrested by State Police at 2:11 p.m., Friday, at Kmart.

A 17-year-old from Batavia is charged with criminal mischief and criminal contempt. The youth was arrested in Batavia by State Police at 6:50 p.m., Friday.

Brandon M. Culliton, 23, of Batavia, is charged with unlawful possession of marijuana and DWI. Culliton was stopped by State Police at 9:10 p.m., Thursday, on Route 262 and Bank Street Road, Byron.

David R. Elliott, 20, of Wyoming, is charged with DWI, driving with a BAC of .08 or greater, leaving the scene of a personal injury accident and possession alcohol by a person under 21. Elliott was arrested by Le Roy Patrolman Daryl Robb following an accident in which a car reportedly driven by Elliott struck a utility pole on South Street.

Police Beat: Three Clinton Street residents arrested following child-welfare investigation

By Howard B. Owens

Cassi Ann Schutt, 23, of 111 Washington Ave., lower, Batavia, is accused of criminal possession of a controlled substance and endangering the welfare of a child. Deputies came into contact with Schutt as the result of an investigation into two young children found wondering on Route 33 at 9:05 a.m., Wednesday. Schutt is accused of keeping the children in a situation that was unfit and improperly supervised.

Lonnie Ann Fairbanks, 43, of 5263 Clinton St., Apt. 1, Batavia, is charged with criminal possession of a controlled substance and unlawful possession of marijuana. Deputies came into contact with Fairbanks while investigating a possible endangering-the-welfare -of-a-child case at 5263 Clinton St. Road. Deputy Brian Thompson reports that he found Fairbanks allegedly in possession of Schedule IV Propoxyphene and marijuana both in the residence and in her car. Thompson reports the alleged drugs were in plain sight.

Jay Daniel Lucas Schutt, 22, of 2 Gas Lite Lane, Batavia, is charged with criminal impersonation. Schutt allegedly gave deputies a false identity and fake birth date during an investigation on Clinton Street Road into a case of two children found wandering on Route 33. Schutt allegedly gave a false identity because he is accused of deserting from the Army. Schutt was turned over to the Army for transport to Fort Drum.

Jacob James Meinhold, 19, of 2537 Dodgeson Road, Darien, is charged with burglary, 3rd. Meinhold is accused of gaining forced entry to the Oil Doctor and stealing NYS certificates of inspection.

Edward Frank Finnin, 43, of 4063 W. Main St. Road, Room 6, Batavia, is charged with exposure of a person. Finnin is accused of urinating in public at 12:55 p.m., March 20, outside the Metro Mattress store on Veterans Memorial Drive.

Tonya E. Smith, 38, 3582 Lockport Road, Oakfield, is charged with criminal contempt, 2nd. Smith is accused of sending letters to a protected person in violation of a stay-away order.

Police Beat: Reported erratic driver allegedly high on drugs

By Howard B. Owens

Jeff Allen Good, 34, of 3700 W. Main St., Room 1, Batavia, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, driving while impaired by drugs and driving left of pavement markings. The Sheriff's Office responded to a report of an erratic driver at 5:58 p.m., Sunday, who was forcing other cars off the roadway. The vehicle was located at 3700 W. Main St., and Good was identified as the alleged erratic driver. He was arrested by Deputy Patrick Reeves.

Jarred Ray Lewis, 21, of 50 Bloomingdale Road, Akron, is charged unlawful possession of marijuana. Lewis was stopped at 4:24 a.m., Sunday, for a vehicle check at Main and Oak streets in the city. He was ticketed by Deputy Patrick Reeves.

Michael Joseph Elmore, 19, of 814 Sumner Road, Darien, is charged with criminal possession of a controlled substance, 7th, and possession of a controlled substance not in its original container. Elmore was arrested following a traffic stop 6:49 p.m., Saturday, on Route 33, Pembroke, by Deputy Patrick Reeves.

Mark Christopher Kahabka, 18, of 3991 Pratt Road, Batavia, is charged with endangering the welfare of a child. Kahabka allegedly hosted an under-age drinking party Saturday night.

Nicole Marie Clark, 32, of 72 Blue Ridge Road, Penfield, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and failure to keep right. Clark was stopped by Deputy Eric Seppala at 1:20 a.m., Friday following a report of an erratic driver on Route 33, Town of Batavia.

Daniel Wayne King, 42, of 3481 Batavia-Oakfield Townline Road, Batavia, is charged with criminal possession of a controlled substance. Following a traffic stop by Deputy Patrick Reeves at 2:35 a.m., Saturday, on Veterans Memorial Drive, King was allegedly found in possession of crack cocaine.

Nicole A. Wilson, 33, of 126 E. State St., Albion, DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Wilson was stopped on Route 19 in Le Roy at 12:45 a.m., Friday, by Deputy Chad Minuto.

Brett F. Dieter, 31, of Alabama, is charged with menacing, 3rd, stemming for an alleged domestic dispute that was reported to State Police at 1:06 a.m., Friday. Dieter was arrested at 8:29 p.m. No further details available.

Michael J. Nugent, 21, of Le Roy, is charged with criminal possession of a controlled substance, criminal use of drug paraphernalia (scales) and unlawful possession of marijuana. Nugent was arrested in the Town of Batavia by State Police at 3:25 p.m., Friday. No further details available.

Dewey E. Towner, 43, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and a motorcycle helmet violation. Towner was stopped by State Police on Oak Street, Batavia, at 8:25 p.m., Friday.

Accidents from the State Police blotter:

11:44 a.m., April 3, Veterans Memorial Drive, Batavia, two vehicles; Driver 1: Norman G. Walsh, 79, Batavia; Driver 2: Tamera E. Carney, 55, of Warsaw. No injuries reported.

7:35 p.m., April 3, Lewiston Road, Batavia, one vehicle; Driver 1: Sherrill T. Langdon, 80. No injuries reported.

5:01 p.m., April 2, Gilmore Road, Pembroke, property damage accident (parked car); Driver 1: Kristin M. Pequeen. No injuries reported.

6:49 p.m., April 2, South Lake Road, Village of Bergen, two vehicles; Driver 1: Robert L. Reynolds, 23, of Bergen; Driver 2: Desarea M. Sherlock, 18, of Brockport. No injuries reported.

'Maple Weekend' in Alexander and Darien

By Daniel Crofts

The New York State Maple Producers Association invites Genesee County residents to "Maple Weekend."

Genesee maple producers will show people the many methods used to make maple syrup, and anyone who attends will get to taste the product for themselves!

The locations for this event are:

Indian Acres Maple Farm, 2005 Broadway Rd., Darien

Randall's Maple Products, 10307 Smithley Rd., Alexander

The event will take place from 10 a.m. to 4 p.m. on March 20-21 and again on March 27-28.

Contact Indian Acres Maple Farm at 547-3557, or Randall's Maple Products at 547-3596 or 734-1057, for more information.

For more details on Maple Weekend, visit www.mapleweekend.com.

'Maple Weekend' in Alexander, Darien

By Daniel Crofts

The New York State Maple Producers Association invites Genesee County residents to "Maple Weekend."

Genesee maple producers will show people the many methods used to make maple syrup, and anyone who attends will get to taste the product for themselves!

The locations for this event are as follows:

Indian Acres Maple Farm, 2005 Broadway Rd., Darien

Randall's Maple Products, 10307 Smithley Rd., Alexander

Event Date and Time
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Fall down stairs takes the life of Darien Center man

By Howard B. Owens

A 57-year-old Darien Center man who fell down a flight of stairs in his home and struck his head on a hammer, died this morning at the Erie County Medical Center.

William Thomas was a retired carpet salesman and the father of five children.

The accident occurred around 7 p.m., Tuesday, and Thomas was taken by Mercy Flight to ECMC.

For the past 10-and-a-half years, Thomas was married to Marguerite. Together, they have 15 grandchildren.

"(Our time together was) way too short," Marguerite said this afternoon. "We were married right here on our property where we built our log home, right here in Darien Center. This was our dream."

She said Bill's accidental death hasn't really sunk in yet.

"He was a very healthy man," she said. "He loved me beyond belief and I knew that."

She said, "We were glued together."

Thomas served in the Navy in the 1960s, loved to ride his motorcycle and "had the best sense of humor of anybody you would ever want to meet."

There is no information available yet on funeral arrangements.

Mercy Flight may be dispatched for man who fell down stairs in Darien

By Howard B. Owens

Mercy Flight is being put on standby for a man who fell down a flight of stairs and hit his head on a hammer.

The man has been unconscious 7 to 8 minutes. He is breathing.

Darien Ambulance is being dispatched to Mammot Road.

UPDATE 7:07 p.m.: An assistant fire chief for Darien has requested Mercy Flight. Darien Fire is being dispatched to set up a landing zone.

UPDATE 7:09 p.m.: The landing zone is being set up at the Darien Fire Hall.

UPDATE 7:11 p.m.: Mercy Flight is responding from Buffalo. ETA, 5 minutes.

UPDATE 7:48 p.m.: Mercy Flight in the air, heading to ECMC.

Police Beat; Man accused of texting while driving drunk, leading to accident

By Howard B. Owens

Timothy R. Beszcynski, 22, of 11000 Townline Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and use of a portable electronic device (texting). Beszcynski was arrested by Deputy Howard Carlson after allegedly being involved in a single-car accident on Route 98 in the Town of Batavia at 12:15 a.m., Monday.

Juan Alberto Ramos, 20, of 5215 Clinton Street Road, Batavia, is charged with trespass.  Ramos was allegedly found in a building at College Village after being barred from the premises.

Alleged drunken driver's defense may depend on expert witness he can't afford

By Howard B. Owens

If it's going to take an expert witness to help Ronald J. Wendt beat the 12 felony charges against him, it's going to take money.

His attorney, Thomas Burns, says Wendt is "tapped out."

Sitting in jail, unable to earn money, Wendt cannot afford the thousands it would cost to bring in an expert in field sobriety tests and breathalyzers to help challenge the charge that he was driving drunk Aug. 12 when he was involved in an accident that took the life of Dansville teenager Katie M. Stanley.

County Attorney John Rizzo filed papers this week opposing a motion by Burns for the county to pay for the expert.

"I understand Mr. Rizzo's concern regarding the taxpayers," said Burns today, "but this is fundamentally at the heart of our defense. It is very important to us."

Wendt appeared in court today -- dressed in Genesee County Jail orange and with his head shaved -- for a hearing on motions by Burns that arresting officer Deputy Tim Wescott did not have sufficient probable cause to charge Wendt and to suppress statements made by Wendt to Wescott.

County Court Judge Robert Noonan denied both motions and set a date for a week-long trial.

Jury selection will start July 12 at 9 a.m. 

Noonan set May 24 as the plea-offer cutoff.

District Attorney Lawrence Friedman said the offer he's made to Wendt is to reduce the aggravated vehicular homicide charge -- with a maximum penalty of 8 to 25 years in state prison -- to aggravated vehicular manslaughter. The reduced charge could still result in a more than two-year prison sentence, and up to seven years.

Burns said after the hearing that he expects the case to go to trial. The bottom end of the sentence on the first count of the indictment is one to three years, if Wendt were convicted by a jury.

Today, Westcott testified at length about the field sobriety test he conducted on Wendt following the late-night accident.

An expert witness would help Burns establish doubt as to whether the test conclusively proved that Wendt was driving drunk.

Wescott testified that he started with an eye-tracking test, which is designed to find possible nystagmus, which is an involuntary eye movement. Wescott testified that Wendt passed this test, saying that in order to determine that a driver has a BAC of at least .10, he will need to show four clues in the test and Wendt showed only two.

Friedman objected to Burns asking a series of questions about the eye-tracking test, but Noonan overruled the objection.

Wescott also testified that he had Wendt walk a straight line with the requirement that he take nine steps in each direction, heel-to-toe. Wescott said in his judgement, Wendt failed this test, missing four steps by an inch or less between his heel and toe going forward and raising his hands from his side on the return.

When it came to touching his nose, Wendt missed slightly on four of six tries.

On another test, where the suspect is asked to close his eyes, tilt his head back and try to estimate when 30 seconds had passed, Wendt said stop after 37 seconds. The standard deviation, according to Wescott, is five seconds.

More than an hour after the accident, Wendt submitted to a BAC test and reportedly tested at .08.

Wendt did allegedly make at least one incriminating statement early in the interview, Wescott testified. Wendt said, according to Wescott, "You might as well have me blow and take me to jail."

Noonan ruled that statement will be admissible at trial.

For previous coverage, click here.

Police Beat: Woman allegedly strikes store clerk with coffee mug

By Howard B. Owens

Barbara E. Ferrando, 38, of 53 W. Main St., Apt. 101, Corfu, is charged with harassment, 2nd. Ferrando is accused getting into a dispute with a store clerk. During the alleged confrontation, she allegedly reached behind the counter and struck the clerk with a plastic coffee mug, causing minor injuries.

Jessica J. Moscicki, 19, of 19 Briarwood Terrace, Batavia, is charged with aggravated unlicensed operation, 3rd and criminal impersonation, 2nd.  Moscicki was charged after allegedly giving a false name to Officer Ed Mileham during a traffic stop in the Tops Market parking lot at 2:30 p.m., yesterday. After further investigation, her identity was discovered and it was revealed she had a suspended license.

Brian L. Smith, 48, of 4128 Colonial Blvd., Batavia, is charged with criminal contempt, 2nd. Smith is accused of violating a court order by sending computer messages to a woman in Florida. Smith was allegedly barred from any contact with the woman. The messages were reportedly sent on Feb. 16. He was arrested yesterday around noon.

Mark Paul George, Sr., 51, of 3281 Broadway Road, Alexander, is charged with harassment, 2nd. George allegedly got into a dispute with a woman in Darien over some property. When the other person attempted to contact the police, George allegedly struck her hand, knocking her mobile phone away. There were no injuries reported.

Harry J. Reed, 28, of Rochester, was charged by State Police with DWI. Reed was stopped at 42 Green Knolls Road, Stafford, at 8:42 a.m., Monday. No further information is available.

Accidents from the State Police blotter:

3:38 p.m., Feb. 22, Barrville Road, Elba, two vehicles; Driver 1: Mary R. Prior, 67, of Batavia; Driver 2: Kim C. Clark, 59, of Attica. No injuries reported.

10:18 p.m., Feb. 22, Lewiston Road, Alabama, one vehicle; Driver 1: Brandy L. Golding, 35, of Akron. No injuries reported.

5:40 a.m., Feb. 23, Attica Road, Darien, one vehicle; Driver 1: David M. Roberts, 39, of Attica. No injuries reported.

4:37 p.m., Feb. 22, Mile Marker 397.4, Thruway, Pembroke, one vehicle; Driver 1: Michael H. Moran, 20, of Batavia. No injuries reported.

4:44 p.m., Feb. 22, Mile Marker 403, Thruway, Pembroke, one vehicle; Driver 1: Allessandra R. Falcao, 27, of Kearny, NJ.

12:03 a.m., Feb. 23, Mile Marker 394.7, Thruway, Batavia, one vehicle: Driver 1: Michael R. Eaton, 34, of Rush. No injuries reported.

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