Skip to main content

Stories from

Double murder suspect from Oakfield reportedly confesses to cellmate

By Howard B. Owens

A former Oakfield resident who is a person of interest in a local unsolved murder reportedly told a cellmate in a Pennsylvania jail that he killed a couple there for money.

Stephen Patrict Rebert, 45, will stand trial for the double homicide of Victoria and James Shugar, both 61, of Jefferson County, following a preliminary hearing in which District Judge David Inzana said the prosecution presented sufficient evidence to try Rebert.

District Attorney Jeffrey Burkett presented a signed statement at the end of the hearing from Rebert's cellmate saying Rebert was motivated by his desire to steal rare coins and currancy, according to the Punxsutawney Spirit.

Rebert was arrested in Genesee County on June 3 and turned over to Pennsylvannia law enforcement. Investigators there say they found evidence on Rebert's computer tying him to the 2005 murder of Bill Fickel in Oakfield as well as the unsolved murder of Kevin Smith in Orleans County.

Photo courtesy of the Punxsutawney Spirit.

Late Closers Contested at Batavia

By Howard B. Owens

Press release:

Batavia, NY --- The New York Sire Stakes 3-year-old Late Clos Batavia, NY --- The New York Sire Stakes 3-year-old Late Closing filly trotters invaded Batavia Downs on Wednesday evening (August 11). The talented trotting fillies raced in three divisions and each had a purse in excess of $13,000.

The photo finish camera was needed for division one. Neverhitthebrakes and Jack Flanigen took a solid three length lead just after the quarter pole and held that margin until Final Time and Jimmy Whittemore began to close in.

Down the lane Neverhitthebrakes was grimly holding on but it was a relentless Final Time who trotted up for a head victory in 2:01.3. Study Hall and Josh Marks finished well back in third in a race marred by four early breakers. The fractions for the field were :30.2, 1:00.2 and 1:30.4.

Final Time (Conway Hall-Charm’s Chip) is trained by part owner Joseph Flynn. She is also owned by Edward Flynn. The winning price of the first stakes race was $7.90.

Late Closer stakes action continued in the fourth race on the card. This event had three fillies getting class relief by dropping out of Sire Stakes events and two of them would finish one-two. Distracting Beauty with trainer-driver Perry Simser at the controls moved to the front at the quarter pole and trotted strongly to the wire, holding off the pocket sitting Jetties with Jimmy Whittemore by one length in 2:01.3 Judith (Jack Flanigen), who came first over, wound up third.

Simser commented that the young filly is “becoming more handy” and “showing improvement.”

The fractions for the fillies were :30, 1:00.2 and 1:31.3. Distracting Beauty (Malabar Man-Overnight Rail) is owned by Gary Greenhouse, Harvey Friedman and Ronald Rubenstein. The winning price was a modest $5.50.

The third division started out pretty much as expected with 2-5 favorite Dream State and Josh Marks showing the way, however the final result was anything but expected.

Heading around the final turn Don’twanttobeblue and Ray Fisher, Jr., going off at 50-1 despite leaving the tougher Sire Stakes ranks, were up to challenge and trotted right on by the heavy favorite as the field of seven turned for home.

Not home free yet, Don’twanttobeblue was surrounded as Radiant One and Jack Flanigen had exited the pocket and were storming down the center while My Winning Way K with Jimmy Whittemore, who split horses also were coming on.

At the wire it was the Erv Miller trained Radiant One who got up by a head over the upset minded Don’twanttobeblue and My Winning Way K in 2:01.2. The fractions were :30.1, 1:01.1 and 1:30.3.

Radiant One (Credit Winner-Marvelous Yankee) notched her fourth win of the season for owners Mystical Marker Farms, Shim Racing and John Carver. The winning price for the final stakes race was $23.20.

The New York Sire Stakes season continues next Wednesday evening, August 18, when the 2-year-old colt and gelding trotters head to Western New York.

Live Racing will continue this Friday and Saturday evenings with a 6:40 p.m. post time. Be sure to join us when harness racing goes 'Back to the Track' this Saturday, August 14. There will be a chance to win a trip for two to the 2010 Little Brown Jug, a $50,000 must-win national Pick 4, baseball caps to the first 500 racing fans that swipe their Players Club card beginning at 5 p.m. at Players Club, food and drink specials, a special handicapping contest for prizes and other special incentives offered on track. For more information, visit www.BackToTheTrack.com .

Many Incentives to Come Back to the Track at Batavia Downs Casino

By Howard B. Owens

Press release:

(Batavia NY) --- Harness fans will celebrate the history and future of harness racing this Saturday when Batavia Downs teams with the United States Trotting Association (USTA) to present Back to the Track night.

Back to the Track is a promotion designed to bring fans out for an evening at the harness races as a means of recapturing the excitement they remember from earlier visits. A variety of special incentives are planned.

Batavia Downs and 20 other harness tracks around the U.S. will each give away a trip to the 2010 Little Brown Jug, the brightest jewel in the pacing Triple Crown, on September 23. There are two ways to become eligible to win the trip. Either download a VIP pass, and deposit it a box located next to Players Club or play the Back to the Track handicapping contest. One name will be picked via a drawing to win.

Beginning at 5:00, the first 500 fans to visit Player’s Club will receive a coupon for a free Back to the Track baseball cap, redeemable in The Paddock Room following the evening’s 7th race.

Additionally, food and beverage specials will be served all evening in The Paddock Room, including: $1.50 Sahlen’s Hot Dogs and soda, $2.00 drafts, a chicken BBQ for $8.50 and free coffee from 6:00 to 8:00. Soda and drafts are served in a commemorative Back to the Track cup.

Drivers and trainers will be signing autographs from 5:15 to 6:15, a handicapping seminar, hosted by Todd Haight, begins at 5:45. There will be a dedicated betting window for beginners. A horse and groom will be on-site until 8:00 pm., giving racing fans a chance to learn more about the sport and a representative from the USTA will be on hand to answer questions. All events taking place in The Paddock Room.

Players Club bonuses include a free taco from compliments of Taco Bell and a special handicapping contest for prizes. Sign up to play the handicapping contest begins at 5:00 p.m at Players club. Batavia Downs racing programs will be free of charge also beginning at 5:00p.m.

Batavia Downs Casino is owned and operated by Western Regional Off Track Betting, a public benefit corporation that operates in 15 counties and creates revenues for racing and local governments.

Grand Jury Report: Man accused of raping girl in Batavia

By Howard B. Owens

Philip E. Kroft Jr., is indicted on ten counts of rape, 2nd. Kroft is accused of being 18 years of age or older and engaging in sexual intercourse with a person 15-years-old or younger. The alleged encounters occurred between Sept. 29 and Nov. 10, 2008, in the City of Batavia.

Kenneth R. MacGregor is indicted on three counts of criminal possession of a forged instrument, 2nd, and one count of aggravated unlicensed operation of a vehicle. MacGregor is accused of writing a forged check on June 4 in the Village of Corfu for $482.12, and on June 7 for $477.18 and on June 7 for $892.43. He is also accused of driving a car with his privileges suspended on June 7 in the IGA parking lot, Village of Corfu.

Javonie E. McKinney is indicted on one count of DWI and one count of aggravated unlicensed operation of a vehicle. McKinney is accused of operating a 2009 Kia on Bank Street, Batavia, on April 17 while intoxicated.

Police Beat: Duo allegedly caught with stolen vehicle

By Howard B. Owens

Tara Marie Gardner, 31, of West 3rd Street, Oswego, is charged with criminal possession of a stolen vehicle. Gardner was taken into custody at 7:51 a.m., Wednesday, on Route 98 near the Thruway entrance. The vehicle she was in was reported stolen earlier in Fulton. She was jailed on $100,000 bail.

John Patrick Smith, 39, of Somers Drive, Fulton, is charged with criminal possession of a stolen vehicle, DWI, and breath test refusal. Smith was taken into custody at 8:16 a.m. on Route 98, Batavia, following a complaint about use of a stolen credit card. The vehicle he was operating was reportedly stolen in Fulton. Smith was jailed without bail.

Jolene J. Goodell, 30,  of 13 Gilbert St., Le Roy is charged forgery, 2nd. Goodell is accused of altering a doctor's prescription in order to receive more of a narcotic medication. Goodell allegedly tried to pass the prescription in September at a local pharmacy, but a pharmacist detected the alteration.

Kathleen A. Wenzel, 62, of 8481 North St. Road, Le Roy, is charged with DWI, aggravated DWI with a BAC of .18 or greater and consumption of alcohol in a motor vehicle. Wenzel was taken into custody Wednesday on Lake Street by Det. John Condidorio after a witness reported seeing Wenzel seemingly having a hard time getting in and out of her car.

Police Beat: Man charged following argument with his brother

By Howard B. Owens

Thomas Ralph Stevens, 46, of Cook Road, Bergen, is charged with harassment, 2nd. Stevens is accused of arguing with his brother and jamming a finger into his brother's face, knocking off his glasses.

Dominic Joseph Cordello, 25, of Crossbow Drive, Penfield, is charged with a felony count of DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and failure to keep right. Cordello was stopped at 12:24 a.m., today, on Alexander Road, Alexander, by Deputy James Diehl.

Three arrests and 29 citations at John Mayer concert

By Howard B. Owens

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

Ryan E. Hart, 20, of Cynthia Drive, Orchard Park, is charged with trespass and unlawful possession of marijuana. Hart is accused of returning to the concert venue after being ejected.

Leonard G. Booher, 59, of Carney Hollow Road, Wayland, is charged with harassment, 2nd. Booher allegedly pushed an usher to the ground.

A 17-year-old of Ross Common Crescent, Fairport, is charged with trespass and possession of alcohol by a minor. The youth allegedly tried to re-enter the concert venue after being ejected.

The following people received citations for alleged consumption of alcohol under age 21.

Michael J. Wright, 18, of Washington Highway, Amherst
Michele P. Reilly, 18, of Treeview Court, Cicero
Emilee K. Dixon, 19, of Buffalo Street, Jamestown
Nicole E. Frederickson, 20, of Sandford Road, Jamestown
Brittany N. Theophilus, 20, of Crestwood Circle, Pittsford
Jennifer A. Castiglione, 19, of Rush-Hen. Townline Road, Rush
A 17-year-old, of New Road, Amherst
A 16-year-old, of Squire Court, Getzville
Joseph J. Schenkel, 18, of Teakwood Terrace, Williamsville
A 17-year-old, of Oakwood Avenue, Hamburg
Michael J. Kolanski, 18, of California Road, Orchard
A 17-year-old, of Pinebrook Avenue, Williamsville
Gabrielle A. Rinaldi, 19, of Catatunk Road, Canisteo
Katelyn J. Fragnoli, 18, of Shady Beach Lane, Seneca Falls
A 16-year-old, of Fleetwood Terrace, Williamsville
A 16-year-old, of Robin Road, Amherst
Rebecca L. Switzer, 19, of Middle Black Brook Road, Seneca Falls
Alexandra A. Ferrino, 18, of S. Grove Street, East Aurora
Sean P. Sullivan, 18, of Emerald Hill Circle, Fairport
A 17-year-old, of Culpepper Road, Williamsville
A 17-year-old, of Glen Oak Drive, East Amherst
A 17-year-old, of Chapel Woods, Williamsville
Maxwell G. Greene, 18, of Sunset Boulevard, Pittsford
Emily K. Check, 18 of Sandpiper Lane, Pittsford
A 17-year-old, of Beatrix Circle, Lancaster
Brittany J. Hamsaik, 18, of Klein Road, Williamsville
Zachary F. Ostroff, 18, of Thomas Fox East Drive, North Tonawanda
A 16-year-old, of Woodward Avenue, Kenmore
Jonathan C. Palmeri, 18, of Countrygate Lane, Tonawanda
Justin P. Lee, 18, of Templeton Trail, Orchard Park

Heading out to California

By Howard B. Owens

This afternoon, Billie and I board a California-bound plane.

We'll be on the West Coast for one week.

We'll be visiting San Diego, Bakersfield and Ventura.  In Bakersfield, we'll gather with the whole family to celebrate my parents 50th wedding anniversary.

While we're gone, the staff at WBTA -- particularly Geoff Redick -- will update the site with breaking news and other news items. Billie and I will post any news that comes in over e-mail -- particularly, of course, crime and arrest reports. And I'll try to have a daily poll and a couple of deals of the day.

I've done a sort of informal survey of people I've talked to over the past week about posting pictures from California while we travel and there was general enthusiasm for the idea, so I plan on doing that.

Unfortunately, Pachuco can't make the trip, but he is happy and cozy at Beds-N-Bones, his favorite pet lodge.

So, here's a song of California -- Tom Russell doing "California Snow," which he co-wrote with one of my favorite singer-songwriters, Dave Alvin.  It's topical -- dealing with immigration -- and it mentions El Cajon in the first verse (the whole geography of the song is a part of California I know well).

Batavia will move forward with plumbing board reforms

By Howard B. Owens

Several reforms in the policies and procedures of the city's plumbing board will be implemented following the Batavia City Council meeting Monday, where no council members raised any major objection to the plan.

After the meeting, City Manager Jason Molino said the next step is for he and his staff to meet with the plumbing board -- which currently consists of one master plumber and two city staff members -- and work out a plan for implementing the reforms.

The reforms include ensuring state laws regarding open meetings and public records be followed, that better records be kept and filed on applicants for plumbing licenses, and that a third-party company be found to fairly and unbiasedly administer plumbing exams.

The city must also continue looking for a new part-time inspector of plumbing -- a job candidate who can also share code enforcement duties.

If no such candidate can be found, then the city will need to have one of its current code enforcement officers be certified to perform plumbing inspections.

Councilman Bob Bialkowski said that's the one part of the plan that makes him the most uncomfortable. He would much rather have an experienced plumber performing inspection duties.

Three plumbers and the city's former plumbing inspector, Barb Toal, spoke during the public comments portion of the meeting, well before the city manager's report came up for council discussion.

The plumbers made general statements about the importance of plumbing regulation with regard to public health. Toal spoke more to the point of the report, questioning its accuracy on meeting notices and minutes and how exams were administered.

Toal's speech was delivered rapidly and was somewhat disjointed. She seemed to blame the lack of minutes and the fact no tests were administered for some period of time on the fact that the board has not been able to operate as a full, five-member board.

The city has traditionally found it difficult to meet state requirements to have a journeyman plumber on the board.

"There has not been a full plumbing board for a full year, so therefore there have been no meetings, no minutes and no business conducted,” Toal said.

Later in the meeting, council members discussed the fact that the board only needs three members present to conduct business.

Toal also criticized the report for claiming that meetings were not advertised with proper public notice in accordance with state law.

"Planning board meetings for last four years are on the third Wednesday of every month," Toal said. "What a surprise? How is the meeting not legal? How does management not know what’s going on?"

As for not administering tests, Toal said applicants were told that without a full board, the board couldn't write a test for them to take. She said they all understood the situation.

One of the speakers wasn't a plumber, but a customer of plumbers.

City resident Paul Passamonte discussed his own difficulty in finding a locally licensed plumber at a reasonable cost. It's the same topic Passamonte covered in a letter to the city last week.

Passamonte wrote that after hiring a contractor from Buffalo for a room addition, the same contractor offered a bid for the plumbing work. He said it would cost $3,200, but the contractor wasn't licensed in Batavia.

After obtaining the list of 31 licensed plumbers for Batavia, Passamonte said a surprising number didn't even live in Genesee County, and the ones who did usually didn't return his calls. Only four ever acknowledged his calls and only two showed up and gave bid estimates -- one for $5,200 and the other for more than $12,000.

When the plumbing report came up on the council agenda for council discussion, Councilwoman Rosemary Christian had her hand up first.

She wanted to know why, if the board had been meeting for more than a decade without proper meeting notices and minutes, why that problem wasn't caught earlier.

City Manager Jason Molino said that part of the issue is that the board wasn't being required to file their documents with the city clerk's office. The board was only dealing with the plumbing office, so there wasn't any additional oversight.

"I can’t give you an answer for why this has gone on for a period of time, but we’ve identified it and now we need to correct it," Molino said.

Councilman Bill Cox suggested that when a person files an application to take a plumbing test, the application should be logged in the city clerk's office and the applicant should receive a formal letter of acknowledgment in a timely manner. The rest of the council concurred.

That was the one additional reform added to the city manager's proposal.

Council President Marianne Clattenburg praised the report as thorough, well documented and factual.

"It's not emotional," she said.

"I think we also have to keep in mind what the plumbing board is all about and how it benefits the city when we have a fully functional, fair plumbing board and a competent plumbing inspector," Clattenburg added. "It is ultimately about serving the citizens of the community. It really isn’t about serving one interest."

After the meeting, Molino said the reforms should make a big difference in how plumbing business is conducted in the city.

"The recommendations, I don’t think are monumental, but in terms of significant change, they’re important," Molino said.

Photos: Christian, Molino and Bialkowski.

Council approves repairs to eliminate white streaks on City Hall

By Howard B. Owens

A solution may have been found for the white streaks on the red bricks of City Hall.

On Monday, City Council approved a $31,500 contract with Highland Masonry and Restoration Inc., of Buffalo, to replace 46 windows and sills with material that won't run and create new streaks.

Once the building's cleaned up and the new windows are in place, the building should be more attractive, officials say.

"It does bother the citizens of Batavia," said City Council President Marrianne Clattenburg. "I get comments on it all the time – when are you going to fix those windows?"

Director of Public Works Sally Kuzon said the city tried two different replacement or repair options on three different windows on the building. The replacement process showed the most success on two windows, so the city then sought bids for the work on the remaining 46 windows.

Councilman Sam Barone was the only council member to object to the work, saying he was concerned about the expense and that he could live with the situation.

The city did budget $27,000 for the project. The $4,500 shortfall will be taken from the city's facilities reserve.

Councilwoman Patti Pacino was among the council members who questioned why the city couldn't sue the contractor who installed the windows, or the architect who wrote the specs.

"I still don't understand how it's not some body's fault," Pacino said.

City Attorney George Van Nest explained that the building contractor was merely going off the plans and specs provided by the architect when the building was erected five years ago, so couldn't be held libel.

As for going after the architect, he said expert opinion, according to his research, varies on the proper construction process and materials for installing windows in a masonry building, making getting a win on a lawsuit much more difficult.

"Legal action could cost more than the project itself," said City Manager Jason Molino.

Both Molino and Van Nest explained that winter-time construction and the compounds used in installing the windows at that time of year may be the reason the streaks appeared. Van Nest said he's seen the same problem appear on buildings in Buffalo.

"In my opinion, this is a beautiful building and those stains under the windows really detract from it," said councilman Frank Ferrando. "I think we owe it to this community and the investment that we made here that we make it look good. This is our downtown. This is something we should all be very proud of."

Photos: Kuzon, Ferrando, Pacino.

Investigators still putting together evidence to determine factors in fatal crash

By Howard B. Owens

While investigators continue to suspect that alcohol may have been a factor in the one-car crash in Oakfield early Saturday morning that claimed the lives of three young people, it appears speed may have been a factor, as well.

Chief Deputy Gordon Dibble said Monday that crash investigator Deputy John Duyssen believes the initial indications are that the speed of the vehicle was too great for the driver to negotiate the curve at the accident scene, resulting in the crash.

The car rotated clockwise when its tires hit the shoulder. The drivers side hit the utility pole by the side of the road and it rolled over on its roof. A passenger in the back seat was ejected from the vehicle, according to Dibble.

Matthew Ware, 22, Joshua Durham, 21 and Allyson Galens, 20, were killed in the crash.

The group had been at the Elba Onion Festival earlier in the evening, but Dibble said investigators have yet to determine what time they left.

It's not yet known where they might have gone -- if any place -- after leaving the festival.

There were empty beer bottles at the scene of the crash, but investigators do not know if they are in any way related to the crash.

"We are still looking into that and will know more when the medical examiner's office completes its investigation," Dibble said.

Police believe power wheelchair stolen after it broke down

By Howard B. Owens

The Batavia Police would like your help in recovering a missing power wheelchair owned by a Washington Towers resident.

The wheelchair broke down this morning and the elderly resident left it nearby. The resident was able to get back home and he called a repair service.

Tonawanda Valley Federal Credit Union officials called police after customers reported it unattended in the parking lot.

When police responded, the chair could not be located. Police officers are concerned the chair was stolen.

Anyone with information about the chair is asked to call the Batavia PD at 585-345-3000.

Muckdogs sending five players to all-star game

By Howard B. Owens

Five Muckdogs will represent Batavia in the 2010 New York-Penn League All-Star game.

Catcher Audry Perez, outfielder Nicholas Longmire, infielder Joey Bergman and pitchers Justin Edwards and Chase Reid were named to the squad.

The game will be played Tuesday, Aug. 17, at Richmond County Ballpark in Staten Island.

Closer Jose Rada -- who is third in the league with 10 saves and has a 1.13 ERA to go with 33 strikeouts in 24 innings -- was passed over (General Manager Travis Sick said that Rada was selected prior to being promoted to Quad Cities).

Following from the Muckdogs' news release:

Perez was an undrafted free agent signing in 2006 and has started 30 games as catcher for the Muckdogs this season. He is currently batting .333 with 44 RBI’s, which is good for 7th best in the league. Perez has also been solid behind the plate this year and has helped guide the pitching staff to a team ERA of 3.77.

Bergman, a 33rd round pick in the 2010 draft, has been among the league leaders in hitting all season. Bergman currently ranks 10th in the league in hitting, with a .313 batting average, to go along with 8 doubles and 17 RBI’s. Bergman primarily plays infield for the Muckdogs but was selected as the designated hitter for this year’s All-Star team.

The Cardinals selected Longmire in the 5th round of the 2010 draft out of Pacific University. As the team’s everyday centerfielder, Longmire has enjoyed a stellar rookie season. He is currently batting .286 and his 39 RBI’s is second most in the league. He also ranks in the top 10 in both home runs (8) and slugging percentage (.503).

Justin Edwards is in his second year of professional baseball and was a 28th round pick in the 2009 draft. The left-hander is 3-2 with an ERA of 2.57, which puts him in the top 10 of starting pitchers this year. He has also recorded 42 strikeouts in his 49.0 innings of work.

St. Louis drafted Reid out of Vanderbilt University in the 41st round of the 2010 draft. Pitching primarily as a set up man, Reid is 2-0 with a 2.00 ERA. He has help opposing batters to a .125 average, and has recorded 30 strikeouts in just 18.0 innings of work.

Batavia holds the third place spot in the Pinckney Division with a record of 28-21.
This marks the second time in three years that the Muckdogs have sent five players to the All-Star game. The Muckdogs sent five players to the 2008 All-Star game and sent three in 2009.

Batavia names new fire chief

By Howard B. Owens

A fire leader with 23 years experience in the Kodak Fire Department of the Eastman Kodak Company and 30 years experience -- both as a volunteer and as chief of the North Greece Fire Department -- has been selected to head the Batavia Fire Department.

James Maxwell will be become Fire Chief next Monday.

Monday night the Batavia City Council approved a resolution giving Maxwell 12 months to relocate to Batavia and City Manager Jason Molino said Maxwell is eager to move here.

Maxwell was not available for comment.

He replaces Interim Chief Craig Williams, whom Molino praised for his three months of dedicated service in the role.

It's been a long search for a new chief for the department, which has been run in the past couple of years by Thomas Dillon followed by Ralph Hyde before Williams. Hyde came out of retirement to handle the duties when Dillon was forced to step down because the state wouldn't let him draw a full-time salary and retirement benefits.

At Kodak, Maxwell served as a HazMat Resource Tech, Senior Firefighter/EMT, Lieutenant and Battalion Chief. He became chief of the North Greece department in 2006. North Greece is staffed by 33 career firefighters and 68 volunteers.

In looking for a new chief, Molino said the city wanted to hire somebody of character, integrity and enthusiasm.

"Obviously, we are looking for a good personality and right mentality not only for the department itself and management and (city) council, but who’s going to be a good fit for the community," Molino said. "Resumes are important, but it doesn’t always mean that somebody with the best resume is going to be the best fit in that department or the organization."

Maxwell's wife is Mary Jo and he has two sons, Brian, 26, and Craig, 24.

His starting salary will be $75,170.

Investigators looking for any information that might explain death of Batavia woman

By Howard B. Owens

Investigators are piecing together the final hours of Deborah Maniace.

The body of 47-year-old Batavia resident was found early Saturday morning next to the train tracks under the CRX overpass on Clinton Street Road, Stafford.

Maniace had attended the Elba Onion Festival Friday and been out with her boyfriend. At 2 a.m., Maniace called her son and said she was walking home.

Chief Deputy Jerome Brewster said that a just-released medical examiner's report says her wounds were consistent with a fall from a bridge. There is no other sign of trauma -- not from a fight and not from a car hitting her, and she was not sexually assaulted.

There are no skid marks or other markings on the roadway at the bridge that would suggest she had to move quickly to get out of the way of a swerving car.

Brewster noted that the wall along the bridge roadway is pretty high. It would be hard for a 5' 2" person to just fall over.

There is no indication that Maniace was suicidal.

"We would love to talk with anybody who might have seen her walking on Route 33," Brewster said. "We would like to talk to anybody who drove that section of Route 33 between 2 and 3 a.m. and didn't see her -- we would like to know that, too."

To contact the Sheriff's Office, call 585-345-3000.

Police Beat: Driver accused of nearly hitting people sitting in lawn chairs

By Howard B. Owens

Russell J. Hamilton, 20, Route 19, Brockport, is charged with reckless endangerment, 3rd, criminal mischief, 4th, and harassment, 2nd. Hamilton is accused of driving his car in a reckless manner, nearly striking two people sitting in lawn chairs. Hamilton then allegedly got out of his car and verbally threatened one of the victims. He is also accused of causing damage to the victim's driveway on Aug. 4. He was jailed on $1,500 bail.

Kevin F. Tierney, 51, of Creek Road, Pavilion, is charged with endangering the welfare of a child and sexual abuse, 3rd. Tierney is accused of forcing a woman into sexual contact.

Colleen Marie Kress, 45, of Crown Oak Drive, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 2nd, operating on a suspended registration, operating without insurance and speeding. Kress was stopped at 1:10 a.m., Monday, on Route 5 in Le Roy by Deputy John Weis for allegedly driving 70 mph in a 45 mph zone.

Daniel Thomas King, 30, of Johnson Road, Bernhards Bay, is charged with DWI, aggravated DWI, speeding and failure to keep right. King was stopped at 12:04 a.m., Monday, on Route 77, Pembroke, by Deputy Patrick Reeves. King was allegedly driving at 63 mph in a 45 mph zone.

Marc F. Faggin, 30, of Triphammer Road, Ithaca, is charged with DWI, driving with a BAC of .08 or greater and following too closely. Faggin was stopped at 11:29 p.m., Sunday, on Route 77, Darien, by Deputy Chris Parker.

Janet Rae Langer, 32, of South Street Road, Le Roy, is charged with DWI and refusal to take a breath test. Langer is accused to driving to a location on West Bergen Road at 8:58 p.m., Sunday, in connection with a property dispute. Langer was allegedly intoxicated at the time.

One arrest, six citations at Paramore concert at Darien Lake

By Howard B. Owens

The following arrest was announced by the Genesee County Sheriff's Office in connection with the Paramore concert at Darien Lake Theme Park on Sunday.

Gary M. Corbin, 21, of Downhill Drive, Erie, Pa. is charged with disorderly conduct. Corbin is accused of urinating on a female patron.

The following people received citations for alleged underage drinking:

Kelsey L. Peebles, 19, of Mill Street, Marathon
Taras R. Stashkiv, 19, of Michele Drive, Syracuse
David M. McDonald, 19, of Divers Crossing, Marathon
Riley P. Battaglini, 19 of Joss Farm Way, Cicero
Stephen W. Voorhis, 19, of Laguna Drive, Endicott
Brendan F. Morrisonm, 18, of Brinks Street, Marathon

Authentically Local