elba

Attorney Thomas Burns won't get a change of venue for his client Matthew Wells, at least not yet, according to a ruling handed down by the New York Supreme Court, Appellate Division, Fourth Judicial Department.

Wells is one of three men accused of robbing the M&T Bank branch in Elba on June 18 and then leading local law enforcement on a six-hour manhunt through the fields and woods between Batavia and Oakfield.

Burns argued that Wells could not get a fair and impartial jury in Genesee County because many residents -- as evidenced primarily by comments left on The Batavian -- took offense to the perception that three city slickers could get away easily with a bank robbery in a rural county. Burns, in his motion, picked up on the phrase of one comment on The Batavian about dishing out "rural justice."

Burns also suggested that the only a fraction of Genesee County residents are black, so that it would be hard to seat a jury of peers for his African-American client.

The appellate judges ruled that Burns did meet the burden of proof that there is "reasonable cause to believe that a fair and impartial trial cannot be had." But the single-page ruling left open the ability for Burns to appeal again during the jury selection phase of a trial.

It's rare -- if not unheard of -- for attorneys to be granted a change of venue before jury selection begins, but if Burns had not filed the motion now, he could not file a motion -- under rules of the court -- for a change of venue later.

Wells is the only one of the three defendants to not plead guilty. Both Damone Dillon and Dennis Abrams have admitted to their roles in the June 18 robbery. Abrams, who planned the heist, is facing a lengthy prison term. Wells is accused of entering the bank with Abrams and actually participating in the stick up, while Dillon held the door and claims to have been a reluctant participant.

Neither defendant has been sentenced yet.

For previous coverage, click here.

Organizers are calling the Genesee ARC Friends & Family 5K, that was held September 19th  in Elba a BIG success!  Perfect weather conditions resulted in a record number of people participating in the event which featured a 5K race, 5K walk and a 1 ½ mile fun walk.  A great family event.

The Post Race Party had plenty of kids’ activities including Magician, Adam Michael

and music by the Buffalo Road Show.

Many area farmers contributed to our “Taste of the Elba Area” produce display, giving everyone who attended  the chance to have some fresh grown fruits and vegetables to take home with them.

Special thanks to: Torrey Farms, G. Mortellaro & Sons, MY-T-ACRES, Fenton’s Farms, Schwab Farms, Halat Brothers, Domoy Farms, Harringtons, Porter Farms, Panek Pumpkin Patch, Swanson Farms, Lamb Farms

The top male and female winners were Michael Richenberg of Elba and Kimberly Mills of Basom.  Richenburg ran the 3.1 mile course in 18:24 and Mills came in :20 later at 18:44.  Complete race results are posted at www.pcrtiming.com.

The Batavia High School JV Cheerleaders added a lot of excitement to the finish line!

Funds raised in the Genesee ARC Friends & Family 5K helps support disability services provided by ARC and funds the Genesee ARC Mary Anne Graney Memorial Scholarship.  Two past scholarship winners, Misty Stratton of Elba and Nichole Longhini of Batavia attended the event. Mary Anne Graney was a parent, educator, advocate and friend of ARC and was committed to helping enrich the lives of people with developmental disabilities and their families.  Pictured below are Graney family members.

In addition to the event’s many sponsors, runners and walkers, Genesee ARC wants to thank the Elba community, neighbors, Elba Town Board and Highway Officials, Genesee County Sheriff’s Department and Mercy EMS.  A big salute goes out to our crew of 45 volunteers who coordinated parking, registration, photo coverage, food, the kids’ zone, and ensured safety along the route.  The biggest thanks of all, goes out to the Graney family, the driving force behind the success of this event.    

A motorcyclist who apparently lost control of his bike on Swamp Road in Byron last Wednesday has died as a result of injuries sustained in the accident.

Thomas Legler, 49, of North Byron Road, Elba, died at Strong Memorial Hospital.

Legler was reportedly wearing a helmet, but it was not a Department of Transportation-approved safety helmet.

Deputies investigating the accident concluded that speed was a factor, but there is no evidence Legler was drinking prior to the accident.

Anthony J. Rivera, 25, of 208 Vermont St., #2, Buffalo, and Ilena Carrillo, 27, of the same address, and Damian Rivera-Melendez, 20, of 353 Plymouth Ave., Buffalo, are each charged with a felony count of gang assault in the 2nd degree. The trio allegedly hit a man several times, causing serious injury, following a dispute over cutting in line at Darien Lake Theme Park. The victim was not identified by the Sheriff's Office. The three suspects were jailed on $15,000 bail each.

Janette Sonia Vazquez, 24, of 854 Prospect Ave., Apt. 4, Buffalo is charged with harassment. Vazquez reportedly threatened to stab an employee of Darien Lake Theme Park.

Jody B. Gillet, 48, of 8 Pine Hollow Drive, Batavia, is charged with assault. Gillet allegedly stabbed another person several times. The alleged incident took place at Country Meadows trailer park on Sept. 5. The alleged victim was transported to Strong Memorial Hospital and has since been released. Gillet as jailed on $5,000 bail. The incident was investigated by Deputy Bradley D. Mazur and Investigator Timothy Weis.

Rebecca J. Sando, 44, of 5678 Walkers Corner Road, Elba, is charged with criminal contempt. Sando allegedly approached a woman she was barred from going near.

Sarah J. Emerson, 25, of 15 Ross St., Batavia, is charged with harassment and criminal contempt. Emerson allegedly poured a can of beer on her husband and then allegedly pushed him on his chest and face. Emerson allegedly violated an order of protection. Emerson was jailed on $1,500 bail.

Shandell M. Lissow, 21, of Brookville Road, Alexander, is charged with unauthorized use of a motor vehicle. Lissow allegedly borrowed a car from a friend and then failed to return it as agreed.

Stephen P. Medwid, 52, of 9364 Alexander Road, Alexander, is charged with DWI, DWI with a BAC of .08, failure to take breath test and failure to yield. Medwid was arrested following at traffic stop Friday at 9:29 p.m.

There was quite the tug of war going on at the weekly cookout for Care-A-Van this evening. Pictured above is Pastor Mike Welch of the Fellowship of the Cross of Elba.

Pastor Mike and a few of his congregation members came out tonight to lend a helping hand for our weekly cookout at Edwards Street. We will be returning there on Sunday at 2:30 PM for Street church when Pastor Mike will be delivering the message.

This Saturday, Care-A-Van will be at 193 South Main Street Apartment Complex for grocery distribution.

We are thankful this was a fun tug of war. As we all know, many folks have their personal tugs of war going on in their lives. Care-A-Van goes forth to bring encouragment,, prayer,  hope and food to those in need.

Thank you to all of you for your continued support and encouragement.

God Bless and as we say at Care-A-Van

Keep the Light On!

An Elba man is in critical condition at Strong Memorial Hospital following a single-vehicle motorcycle accident on Swamp Road in Byron this afternoon.

Thomas M. Legler, 49, was reportedly not wearing a DOT-approved helmet when he apparently lost control of his bike around 3:34 p.m..

The initial investigation indicates that Legler was westbound on Swamp Road when he failed to navigate a sharp turn in the roadway. His 2003 Harley Davidson crossed the double-yellow line and then skidded on its side, exiting the roadway on the south shoulder. Legler was ejected from the motorcycle.

There were no passengers.

Speed is believed to be the primary factor in the accident. Alcohol is not considered a factor.

Legler was transported to Strong via Mercy Flight.

The investigation is ongoing and being handled by Deputy Butler, Sgt. Walker and Sgt. Scott of the Genesee County Sheriff's Office Crash Management Team.

Ninety-plus Elbans turned out Tuesday night for a town hall meeting in the Elba Central School auditorium. The purpose of the meeting was to provide information and solicit input from the community on which services residents believe are important. 

Town Supervisor Lucine Kauffman opened the meeting by giving an overview of the tentative 2010 budget and tax rates as well as those of the previous five years. Highway Superintendent Allan Totten provided information on highway maintenance costs. Town Councilman Bill Hynes explained that the town transfer station operates at a yearly loss and asked for feedback from residents regarding its future. 

The vast majority of questions were directed at Eric Wies, an engineer with Clark Patterson Associates, and Tim Hens, Genesee County Highway Superintendent. Citizens inquired about the process of forming water districts to hook up to the Monroe County Water Supply. Wies and Hens gave an overview of the Genesee County Water Project and step-by-step details on how residents can form water districts.

Kauffman said she was pleased with the turnout. 

"We gave the town residents a lot to think about tonight. We have many important issues facing us. I'm glad we got the dialogue started, and the town board is looking forward to more participation from the residents."

Billy Joe Budziszewski, 18, no permanent address, is charged with rape in the second degree and endangering the welfare of a child. Budziszewski is accused of having sexual intercourse with a 14-year-old girl in the Village of Corfu. He was jailed on $10,000 bail.

An 11-year-old boy from Harpersville is charged with rape, having sexual intercourse with a minor, a criminal sex act and sex abuse. According to a State Police blotter item, the victim appears to be 11-years-old or younger. The arrest was made in Elba. The case remains under investigation.

A woman accused of getting more than $21,000 in food stamps she shouldn't have received has been charged with seven counts of offering a false instrument for filing in the first degree.

Kelly Spenton, 36, allegedly lived with an employed person from March 2005 to March 2008 while she was collecting food stamps from the Department of Social Services.

Spenton, formerly of Elba, allegedly did not report this living arrangement to DSS.

The charges are felonies.

Batavia Town Justice Thomas Williams set bail in this case at $10,000, but Spenton is already in jail on a previous conviction.

Who would ever have thunk that the idea of a President of the United States speaking to the nation's students on the first day of school could be controversial, but in the days leading up to the speech, Obama was accused of attempting to subvert school kids, turning them all into socialists, or worse, Democrats, and/or of using the speech to push a policy agenda through Soviet-style propaganda.

Who would have thunk that a simple message: Do your homework and stay in school could be seen as an inappropriate message from the President.

Imagine, a President proclaiming the virtues of personal responsibility being blasted by the opposition party.

“At the end of the day, we can have the most dedicated teachers, the most supportive parents, and the best schools in the world – and none of it will matter unless all of you fulfill your responsibilities,” Obama said in the speech.

“Unless you show up to those schools; pay attention to those teachers; listen to your parents, grandparents and other adults; and put in the hard work it takes to succeed. And that’s what I want to focus on today, the responsibility each of you has for your education,” Obama said.

The speech didn't stir much notice in Genesee County. Only two districts were in session today -- Elba and Pembroke. The other schools start tomorrow.

Elba Superintendent Joan Cole spoke with WBTA this morning and said use of the president's speech in the class room was optional for teachers.

"We haven't had any concerns expressed by any of our parents," Cole said. 

Watch the video above for yourself, in which Obama makes such supposedly un-American statements as:

And even when you’re struggling, even when you’re discouraged, and you feel like other people have given up on you – don’t ever give up on yourself. Because when you give up on yourself, you give up on your country.

The story of America isn’t about people who quit when things got tough. It’s about people who kept going, who tried harder, who loved their country too much to do anything less than their best.

NOTE: This is a rewrite of a previously posted version.

Two of the three men accused of robbing the M&T Bank in Elba on June 18 appeared in court today, and one of them, Dennis M. Abrams entered a guilty plea to one of the charges against him.

The felony conviction, as part of a plea bargain, carries a maximum sentence of 17-and-half-years in prison.

When District Attorney Lawrence Friedman informed Judge Robert Noonan of the plea arrangement, the friends and family of Abrams who were in the courtroom let out audible expressions of shock.

Abrams will be sentenced in two weeks, after a probation department review to help the judge determine an appropriate sentence. He could serve only five years, depending on Judge Noonan's ruling.

Meanwhile, co-defendant Matthew J. Wells followed Abrams into court, but he wasn't there to enter a plea. Rather the judge and attorneys were agreeing to a date for a future hearing on motions made by Attorney Thomas Burns, including a motion for change of venue.

Under questioning from Noonan, Abrams entered his guilty plea and then admitted to the bank robbery. He also said his previous confessions were true and accurate. He also agreed to testify in any trials for his co-defendants, if there is a trial (at this time, that would likely be only Wells, who is proceeding with a defense).

Co-defendant Demone Dillon entered a guilty plea two weeks ago.

Abrams and Wells remain in jail in lieu of bail.

A driver at the intersection of North Byron Road and Oak Orchard Road thought it was a four-way stop yesterday, so she proceeded across Oak Orchard Road, where her car was struck by a southbound car.

Two people suffered minor injuries in the accident. Both were transported to UMMC.

Eleanor M. Hart, 75, of 4991 Watson Road, Elba, was the driver of the second car, the one southbound on Oak Orchard. She suffered a neck injury.

One of her passengers, Burton E. Hart, 75, suffered a hip/upper leg injury.

The driver of the first vehicle, Lorraine J. Spotts, 50, of 4415 Hogmire, Avon, was uninjured in the crash.

Hart had two other passengers in her car and neither were injured: Frank Neindorf, 78, and Monica Neindorf, 72.

The accident occurred at 5:21 p.m. yesterday.

The accident was investigated by Deputy Tim Wescott.

Emergency crews from Elba and Stafford are responding to a single-vehicle motor vehicle accident at Oak Orchard and North Byron roads.

There are injuries and Mercy Flight is being called in, to land at the Stafford fire hall.

There were no serious injuries in the accident.

UPDATE, 10 a.m. Saturday.

An 8-year-old girl was killed in a one-vehicle rollover accident Friday night after the driver swerved to avoid a deer in the roadway.

Abagail Buzard, who was ejected from the vehicle, was pronounced dead at UMMC.

The SUV was driven by Courtney Buzard, 17, of Albion.

Initial reports:

Elba Rescue is responding to a rollover accident in Orleans County in which three people are reportedly injured and a baby is missing.

The single-vehicle accident is reportedly near Spoils Bank Road off Oak Orchard Road (Old Route 98).

UPDATE: There is more than one incident going on. I believe two ambulances initially responded and I believe Mercy 3 is enroute. (There's a concert at Darien Lake tonight which is also contributing to a lot of radio traffic.)

UPDATE: Three Genesee County ambulances responded, and possibly one from Orleans County. One ambulance took an 8-year-old to UMMC. Another ambulance took a 3-year-old and a father to Strong. A mother and another child were taken to Lakeside. No Mercy Flight transport reported.

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