elba

A 40-year-old man from Elba was found not guilty today on all three counts related to alleged sexual abuse involving children following a non-jury trial in Genesee County Superior Court.

The trial ended Jan. 7 and Judge Sara Farkas of Niagara County issued her ruling today.

Erik P. Roth was indicted in July of two counts of sexual abuse, 1st, sexual conduct against a child, 2nd, and two counts of endangering the welfare of a child.

WBTA's Geoff Redick, who also provided information for this story, followed the trial and reported Jan. 7 that the defense attorney was able to call into question the credibility of some of the testimony given at trial.

The charges stemmed from alleged incidents between November 2004 and March 2006.

A big pile of snowdrift is reportedly blocking the roadway and creating a hazard at Transit and Batavia--Elba Town Line roads. A Sheriff's deputy has been dispatched.

A driver reportedly failed to yield the right of way leading to an accident in the Village of Elba on Wednesday morning that sent one man to the hospital via Mercy Flight.

Injured was Lester R. Gillard, 87, of Elba. He reportedly suffered a head and leg injury.

According to a Sheriff's Office release, Gillard was westbound on Chapel Street when his vehicle entered the intersection of Main Street.

Southbound on Main, with the right of way, was a Byrne Dairy milk truck operated by Marc T. Smith, 28, of Brockport.

Smith was not injured. Charges may be pending.

Elba Fire Department and Mercy EMS responded.

The accident was investigated by Deputy Dana Richardson.

(Initial report)

An injury accident requiring extrication has been reported at North Main and Chapel streets in the Village of Elba.

Elba Fire Department on scene. Mercy EMS dispatched. Fire police called to deal with traffic.

A tractor-trailer is apparently involved.

UPDATE  7:29 a.m.: Mercy Flight requested to the scene. Landing zone at the recreation hall.

UPDATE 7:38 a.m.: Mercy Flight 5 has a three-minute ETA.

UPDATE 7:40 a.m.: Mercy Flight on the ground.

UPDATE 8:03 a.m.: Mercy Flight in the air, headed to Strong Memorial Hospital.

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Earl B. Benson, 23, of 7 Chestnut St., Apt. #4, Batavia; Joshua M. Benson, 21, of 5003 N. Byron Road, Elba; and, Tyler J. Henderson, 23, of 10 Franklin St., Batavia, are charged with menacing, 3rd, and reckless endangerment. The three men are accused of throwing beer bottles at a moving vehicle on Jackson Street at 1:11 a.m. Saturday. The men are also accused of threatening to physically harm the driver.

Eric L. Gahagan, 32, of 25 Edgewood Drive, Batavia, is charged with harassment, 2nd, and aggravated harassment, 2nd. According to Batavia PD, Gahagan was arrested Saturday and charged with harassment for alleged physical contact with a woman. According to police, after his release, Gahagan sent several "unwanted" and "harassing" text messages. Gahagan was re-arrested and jailed on $1,000 bail.

Rodney L. Blackshear, 51, of 131 Swan St., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Blackshear was stopped at 2 a.m., Sunday, on Maple Street, Batavia, by Officer Eric Bolles.

Paul C. Ficarella, 34, of 117 Bank St., Apt. #1C, Batavia, is charged with petit larceny. Ficarella is accused of stealing $69.15 worth of merchandise from Tops Market.

Amanda L. Spring, 28, of 3544 W. Main St., Batavia, is charged with criminal trespass. Spring is accused of entering a residence in the city without permission.

Monique L. Brairton, 21, of 18 Pleasant St., Le Roy, is charged with DWI, driving with a BAC of .18 or greater, possession of an open container and inadequate tail lamps. Brairton was stopped at 1:30 a.m. Monday on Bacon Street, Village of Le Roy, by Le Roy Police.

Shawn Joseph Scheg, 44, of Warboys Road, Byron, is charged with felony DWI, felony driving with a BAC of .18 or greater, failure to keep right, moving from lane unsafely and misuse of dealer/transport plate. Scheg was arrested following an investigation into a one-car accident at 12:44 a.m. Sunday on West Sweden Road, Bergen, by Deputy James Diehl.

Jason Ray Anderson, 30, of Oak Orchard Road, Elba, is charged with criminal possession of stolen property, 5th. Anderson is accused of using stolen vehicle registration paperwork to operate a vehicle.

Sean R. McMenemy, 26, of 3025 McCorkindale Road, Caledonia, is charged with DWI, driving with a BAC of .08 greater and making a right turn on a red light where prohibited. McMenemy was stopped at 2:30 a.m. Sunday in the municipal parking lot off Bank Street, Village of Le Roy, by Le Roy Police.

John R. Stella, 50, of 58 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater, refusal to submit to a breath test, leaving the scene of a property damage accident and following too closely. Stella is accused of being involved in a hit-and-run accident at 8:15 p.m., Friday, at the intersection of East Bethany -- Le Roy Road and West Main Street, Le Roy. A witness reportedly followed Stella to his residence and directed police to the location of his vehicle. Le Roy Police arrested Stella. The accident investigation was conducted by the Sheriff's Office.

John P. Shipley, 36, of 25 Richmond Ave., Batavia, is charged with DWI. Shipley was reportedly found sleeping in his car with the motor running at 3:16 a.m., Jan. 5., on Vernon Avenue, by Officer Frank Klimjack.

Diana Beechler, the 24-year-old woman who lost part of her leg in a farm accident in Elba on Dec. 7, is back home and doing well, according to her sister, Elizabeth Austin.

"She's doing great," Austin said.

Beechler still has medical and rehabilitation expenses to cover, however, so friends and family have organized a fundraiser for 6 p.m., Saturday, Jan. 21 at the Oakfield Fire Hall.

A Clor's chicken BBQ is being offered for $8.50 with tickets on sale now until Jan. 13 (no tickets will be sold at the door). There is also a 50/50 raffle planned along with raffle baskets.

The event will include a live DJ.

People who aren't interested in the BBQ are still welcome to attend the event, Austin said.

"A great big heartfelt 'thank you' to everyone for all there support, donations and well wishes," Austin said.

Arrangement for ticket purchases can be made by calling Diana at 297-5995 or Beth at 813-5531.

Two people were injured in a crash on Lockport Road at Route 98, Elba, at 5:47 p.m. Wednesday, after one of the drivers allegedly failed to stop for a stop sign.

Transported to UMMC with non-life-threatening injuries by Mercy EMS were Kevin A. Dutton, 35, of Garden Park Apartments, Albion, and Dylan D. Dutton, 13.

Cited for allegedly failing to stop was Charles L. Hudson, 39, of Cottage Court, Warsaw.

Hudson was reportedly westbound on Lockport Road and Dutton was traveling southbound.

Neither Dutton nor his two passengers were injured.

A third person in Hudson's car was also not injured.

The accident was investigated by Sgt. Greg Walker.

(Initial report)

A three-car accident with unknown injuries is reported at Route 98 and Lockport Road in Elba. Elba Fire Department and Mercy EMS are responding.

UPDATE 6:35 p.m.: One person is being transported to UMMC with complaints of abdominal pain.

UPDATE 6:45 p.m.: There were three two injuries reported. One person is being taken to a hospital via Mercy Flight. The third second victim either declined or did not require transport. Traffic is heavily backed up. Route 98 remains closed until the tow trucks clear the scene.

UPDATE 6:51 p.m.: The roadway is being reopened.

Tremaine Jason Halftown, 37, of Brant Reservation Road, Brant, is charged with criminal contempt, 1st. Halftown was allegedly a passenger in a vehicle being driven by a woman Brant had been ordered by an Erie County court not to contact.

Charles William Glover, 69, of Tournament Drive, Hudson, Fla., is charged with trespass. Glover is accused of trespassing on property on Pekin Road, Elba, at 9:56 a.m., Dec. 22.

Craig Daniel Martin, 27, of Morton Avenue, Batavia, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, possession of a controlled substance not in its original container, aggravated unlicensed operation, 2nd, and unlicensed operation. Martin was stopped on Jackson Street, Batavia, at 1:09 a.m. Saturday by Deputy Patrick Reeves for alleged traffic violations. Martin was allegedly found in possession of two types of controlled substances and a quantity of marijuana concealed in his vehicle.

Brittany Megan Hart, 24, of Warsaw Road, Le Roy, is charged with criminal possession of a controlled substance and possession of a hypodermic instrument. Hart was charged following a traffic stop for alleged violations at 11 p.m. Sunday on Jackson Street, Batavia, by Deputy Brad Mazur.

Daniel John Hickey, 33, of Sherwood Drive, Brockport, is charged with DWI, driving with a BAC of .08 or greater and speeding. Hickey was stopped at 1:22 a.m., Saturday on Route 262 in Elba by Deputy James Diehl.

Nicholas Keith Thorne, 23, of Osborne Road, Mt. Sterling, is charged with criminal mischief, 2nd. Thorne allegedly smashed a glass door and window at the Econo Lodge on Route 77, Corfu. Thorne was jailed on an unspecified amount of bail.

Dennis P. Schroeder, 54, of Cotton Hill Road, Attica, is charged with DWI, driving with a BAC of .08 or greater and inadequate exhaust. Schroeder was stopped at 7:40 p.m. Dec. 15 on Tinkhem Road, Darien, by Deputy Jason Saile.

Nicholas M. Worrells, 24, of 10253 Roosevelt Highway, Lyndonville, is charged with criminal contempt. Worrells was allegedly found hiding under the rear deck of a residence on East Main Street, Le Roy, after police responded to a report of a disturbance. Worrells was allegedly with a person at the residence in violation of a complete stay-away order. Worrells was jailed on $5,000 bail.

Dayton G. Schultz, 52, Maltby Road, Oakfield, is charged with DWI, driving with a BAC of. 08 or greater and driving left of pavement markings. Schultz was stopped at 10:35 p.m. Friday on Route 262, Elba, by Sgt. Greg Walker.

Eric Matthew Kingsley, 24, of Perry Road, is charged with DWI, driving with a BAC of .08 or greater and illegal parking on a highway. Kingsley was arrested by Deputy Jason Saile following a report of a vehicle fire at 4:48 a.m., Saturday, on Ellicott Street Road, Bethany.

Jeremy John Haynes, 35, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and speeding. Haynes was stopped at 11:27 p.m. Friday on East Main Street, Le Roy, by Deputy Eric Seppala.

Brent Michael Semmier, 36, of Cypress Street, Rochester, is charged with felony DWI, speeding (90 in 55 mph zone), alcohol consumption in a motor vehicle and improper right turn. Semmier was stopped at 4:29 p.m. Sunday on Route 19, Le Roy, by Deputy Brad Mazur.

A young woman lost part of her leg in a farm machinary accident off Drake Road, Elba, on Wednesday afternoon.

A hunter found Diana M. Beechler, 24, of Water Street, Oakfield, with her arm and leg stuck in an auger she had reportedly been cleaning.

Elba Fire, along with more volunteers from Batavia and Oakfield worked for than 90 minutes to extricate Beechler from the machine.

Mercy Flight transported Beechler to Strong Memorial Hospital in Rochester.

"It was a pretty tough extrication," said Brian Russell, chief of the Elba Volunteer Fire Department. "We’re used to extricating out of cars, not farm equipment, so it definitely adds to the challenge."

Russell said crews had to cut through two layers of metal covers to be able to safely pull Beechler from the auger.

Beechler was reportedly an employee at the farm at 3869 Drake Street Road and was inside a grain cart cleaning it out when she either fell or was pulled into the auger.

It's unknown how long she had been stuck when a local hunter came upon the machinery and noticed a problem with the power take off (PTO) of the tractor. When checking the PTO problem, he discovered Beechler lodged in the auger.  He shut down the PTO and called 9-1-1.

Russell said Beechler was alert and conscious throughout the extrication.

"We controlled the bleeding as best we good," Russell said. "It was hard with her being stuck up inside there, but they (the volunteers) did an excellent job."

Alton Beechler, Diana's father-in-law, called it "an unfortunate accident."

"She is pretty tough," Alton added, "and if anybody can make it, she can."

Assisting at the scene were Mercy EMS and the Sheriff's Office.

(Initial report)

A man's 24-year-old woman's arm is reportedly caught in a grain auger behind the residence at 3869 Drake Street Road in Elba. The location is between Pekin and Weatherwax roads. She is conscious and breathing.

Elba Fire Department, Mercy medics and Sheriff's deputies are also responding.

UPDATE 3:36 p.m.: Mercy Flight is called to the scene.

UPDATE 3:39 p.m.: Mercy Flight is en route. Elba units, along with one from Oakfield Fire Department, are going to set up the landing zone.

UPDATE 3:53 p.m.: An engine from Barre is called to Elba's Fire Department.

UPDATE 4:14 p.m.: Town of Batavia's fire rescue unit is called as mutual aid to the scene. Barre is now standing by in Elba's hall.

UPDATE 4:50 p.m.: Mercy Flight has been waiting at the scene for some time now. "The victim has been freed from the equipment." Fire police are handling traffic, with one lane of traffic eastbound, alternating with one lane of traffic westbound.

UPDATE 4:59 p.m.: The victim is being loaded into Mercy Flight which "fired up" and is preparing to take off. Traffic has been stopped for this.

UPDATE 5:02 p.m.: Mercy Flight is airborne and heading to Strong Memorial Hospital. The traffic shuffle resumes.

Patrick Leslie Gugliuzza, 32, of Meadowbrook Terrace, Corfu, is charged with assault, 3rd. Gugliuzza is accused of punching another person in the face several times breaking his tooth and causing other injuries.

Austin L. Wester, 17, of 3373 Pratt Road, Batavia, is charged with two counts of endangering the welfare of a child, escape, 3rd, and obstructing governmental administration. Wester turned himself in to Batavia PD on the above charges and was jailed on $250 bail.

Julious Murphy, 59, of 319 Ellicott St., Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Murphy is accused of striking a child multiple times with a belt causing bruising.

A 17-year-old, of East Bethany Le Roy Townline Road, is charged with petit larceny. The youth is accused of stealing a half dozen eggs from Tops Market in Le Roy.

Guadalupe Hernandez, 35, of Bank Street Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, failure to signal turn, speeding and unlicensed operation. Hernandez was stopped at 2:39 p.m., Saturday on Bank Street Road, Batavia, by Sgt. Brian Frieday.

Kurt Hamilton Hawkins Jr., 18, of State Street, Batavia, is charged with assault, 2nd. Hawkins, an inmate at the Genesee County Jail, is accused of assaulting another inmate at 4:26 p.m., Thursday. The alleged victim was treated at ECMC where he was held overnight for observation.

Sandra Louis Chilano, 51, of Dodgeson Road, Alexander, is charged with petit larceny. Chilano is accused of stealing $100 while employed at Alexander Deli as a clerk.

Ryan Christopher Riggi, 16, of Ridge Road, Lyndonville, was arrested on a warrant issued by Batavia City Drug Court. Riggi was jailed on $100,000 bail.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with harassment, 2nd. Dilcher was arrested following a complaint of harassment at 2:10 a.m., Sunday on Park Road in Batavia.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with criminal mischief 4th. Dilcher is accused of smashing the driver-side window out of a pickup truck during an argument at a location on Park Road, Batavia. He is is also charged with trespass. Dilcher was allegedly involved in an incident Nov. 20 in the Batavia Downs parking lot. Upon further investigation Deputy Joseph Graff came to believe that Dilcher had been previously banned from Batavia Downs property.

Christopher Jordan Rhodes, 41, of Transit Road, Wyoming, is charged with DWI, aggravated DWI and failure to keep right. Rhodes was stopped at 2:01 a.m., Sunday, on Lewiston Road, Batavia, by Sgt. Brian Frieday.

Zachary Michael Rebert, 20, of South Pearl Street, Oakfield, is charged with unauthorized use of a motor vehicle, 2nd, and harassment, 2nd. Rebert is accused of getting into a domestic dispute with a woman, pushing her several times and then taking her car without her consent. Rebert was jailed on $5,000 bail.

John Edward Bird, 70, of Barrville Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at a stop sign, moving from lane unsafely and driving left of pavement markings. Bird was stopped at 9:43 P.M., Saturday, on Chapel Road, Byron, by Deputy Jason Saile.

Mary Hale sent in this picture of her daughter Liz Wilkosz, 26, formerly of Elba, who shot her first deer, an eight-point buck, this morning on Molasses Hill, Elba. Pictured with Liz, from left, are her brothers Tim and Ed, boyfriend Keith and friend Warren.

NOTE: There is a Molasses Hill in Elba.  It's private property. It's off Barrville Road.