Stories from

An injury accident has been reported in the area of Alexander and Cookson roads, Alexander.

Alexander Fire and Mercy EMS have been dispatched.

View Larger Map

There are reportedly no injuries, but a person is trapped in a car that has turned on its side on Sumner Road, just outside the employee entrance of Darien Lake.

Darien Fire has been dispatched.

UPDATE 11:14 a.m.: Both occupants are out of the car. No injuries.

View Larger Map

Wendy Lynn Mucher, 40, 27 Valle Drive, Batavia, is charged with insurance fraud 3rd. Mucher allegedly presented a State Farm agent a receipt containing materially false information related to her claim for payment.

Kyle Davis Faron, 26, of 8133 Remsen Road, Pembroke, is charged with felony DWI, felony driving with a BAC of .08 or greater and unsafe lane change. Faron was stopped at 1:23 a.m. by Deputy Jason Saile in front of Faron's residence.

There was initially a report of a three-car accident with injuries at mile marker 395 of the Thruway.

Then there was a report of an accident at marker 392, but the first responder could not locate that accident.  He did proceed to the accident at 395.

East Pembroke Fire and Mercy EMS have been dispatched.

UPDATE 10:26 p.m.: East Pembroke back in service.

An accident on Route 20 involving a car and truck on Route 20 in Alexander has been reported.

A woman is reportedly in and out of consciousness and there was a child in the car.

As a precaution, dispatch checked on the availability of Mercy Flight, but Mercy Flight is grounded due to weather.

Extrication will be required.

UPDATE 9:34 a.m.: First responder reports no serious injuries.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for a seven-week  session (one class per week), which is a $56 value, for $28.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happensin sports, it happens at Brown's." We have a $20 gift card for $10.

Jackson St. Grill/Belladessa's, 9 Jackson St., Batavia, NY: When it's time for a great hamburger, Jackson St. Grill will serve you among the best around. We have a $10 gift certificate for $5.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

Bergen Fire and Mercy EMS are being dispatched to a reported motor vehicle accident on Route 33 and Dublin Road.

There is reportedly an injury and at least one person is trapped in a car.

No word on how many vehicles involved.

UPDATE 9:11 a.m.: Second caller says no entrapment, but there are injuries.

UPDATE 9:43 a.m.: Bergen Fire back in service.

View Larger Map

This old barn is on Clipnock Road near Route 5 in Stafford.

Friends of a BOCES teacher who lost her home in East Bethany to a fire this morning have set up a trust fund to help her. She lost all of her possessions and three pets.

Cassandra Carlsen, who works at East Bethany Presbyterian Church, notified us this afternoon that a trust fund is established at Five Star Bank for Louise Ward. Anybody can make a donation.

The 58-year-old fire victim has been a member of the church since May.

"She's a wonderful person and it's just a tragedy that she lost her home and her pets are gone," Carlsen said.

Ward and her late husband, Bruce, purchased the house at 5823 E. Bethany-Le Roy Road about three years ago. Bruce was diagnosed with cancer some time later and died.

Carlsen said that Ward has been very involved in the church and church members have quickly stepped forward to offer support.

Meanwhile, the official press release from the Sheriff's Office has been released.

As reported previously, the fire appears to have started with a wood stove and the house was a total loss.

The initial calls of fire came in from Steve Weaver and Louis M. Reeb, who were passing by. After seeing the flames coming from the rear, southwest corner of the house. Reeb immediately knocked on the doors and windows to alert any possible occupants, but got no response.

The house was insured through Tompkins Insurance Agency.

To donate, mail checks to: FIVE STAR BANK, 124 W. Main St., Le Roy, NY, 14482; Attention: Louise Ward Trust Fund.

UPDATE:  Photos added. The house was knocked down both as a safety precaution to prevent anybody from entering an unsafe strurcture and to help fight the fire. Crews were on scene about 4 p.m. to knock out a hot spot that flared up.

A Rochester-based real estate developer has acquired the old Pontillo's building at 500 E. Main St., Batavia.

Thomas Masachi said today that he isn't ready yet -- perhaps next week -- to discuss the plans he and his partners have for the location. 

Masachi, who is in the RIT Hall of Fame for his success in hockey and lacrosse, would not discuss the price he paid for the location, and that information has not yet become publicly available.

One of Western New York's most legendary pizzerias, Pontillo's closed in November 2008 after falling behind more than $112,000 in its taxes. John Pontillo made an attempt to buy the business and location out of probate, but he said his offers were rejected. The property was then sold at auction to a bank in Rochester, which in turn sold the property to Masachi.

For his part, John Pontillo is continuing to work on a plan to open a new pizzeria in Batavia. Reached yesterday, he said he hasn't settled on a location yet.

Meanwhile, Sam Pontillo continues to operate a Pontillo's Pizzeria in Le Roy on Main Street.

If Defense Attorney Thomas Burns wants the mobile phone records of the occupants of a Toyota in which one of the passengers was killed in an accident, he will need to subpoena them himself.

Judge Robert C. Noonan denied Burns' motion to require the prosecution to produce the records.

In his ruling, Noonan noted that the defense can obtain the records subpoena duces tecum, which means "bring with you under penalty of punishment."

Asked whether he would issue such a subpoena, Burns responded:

The Court has decided that the items sought can be independently secured by the defense. Of course there are a number of hurdles to acquire the information necessary to issue an appropriate subpoena to acquire them. The defense merely sought the assistance of the prosecution in providing that information. Since the ruling requires the defense to independently acquire such information we will do just that. The irony is that in a civil proceeding the discovery mechanisms provide for almost unlimited disclosure from the opposing party, by use of depositions etc., these things are not available to a criminal defendant. Nor does a prosecution witness have any obligation to speak to a criminal defendant's attorney or investigator. However, it is my intention to take whatever steps are necessary to secure records of all occupants of the vehicle. The remaining issue is that of relevance. For a jury to be informed of the content of such information the Court would need to be convinced that such information is relevant and probative on a material issue in the case.

Burns is defending Ronald J. Wendt, a 24-year-old Alexander resident who faces numerous felony charges following the accident that took the life of Katie Stanley, 18, of Dansville. Criminal enhancements sought by District Attorney Lawrence Friedman could lead to as much as a 25-year sentence. Wendt allegedly had a BAC of .08 at the time of the accident.

The dirver of the Toyota, Rachel L. Enderle, 27, also of Dansville, was named in a lawsuit filed last month in Rochester by one of the occupants of the car, Michael A. Enderle.

There were apparently no skids marks left by the Toyota prior to hitting Wendt's pickup truck.

Wendt is in jail on $250,000 bail after he reportedly violated the terms of his previous release by riding a motorbike to work.

For previous coverage of the Ronald J. Wendt case, click here.

A house at 5823 E. Bethany-Le Roy Road, East Bethany, is reportedly on fire.

Callers report the house is fully involved.

East Bethany, Stafford and Alexender were dispatched on the first alarm. A second alarm is being initiated.

UPDATE 10 a.m. (on scene): The house appears to be a total loss even while firefighters continue to battle the blaze. The owner was not at home and has been contacted. She lived alone and said nobody else would have been in the house. The fire appears to have started in the area of a wood stove. The stairwell to the second floor was engulfed and firefighters were forced to leave the interior of the house. Without interior firefighters, it's become a much harder fire to fight.

UPDATE 10:22 a.m.: The owner of the home is Louise Ward, 58. She is on scene and confirmed with officials that no other people were in the house. There were, however, a dog and two cats inside.

UPDATE 12:06 p.m.: We left the scene about an hour ago, but spoke with Fire Coordinator Tim Yaeger before leaving. Yaeger confirmed that firefighters were inside for about 10 or 15 minutes before the integrity of the stairway was compromised. From that point on, the volunteers were required to fight the fire from the exterior only. He called the house a total loss. Yaeger anticipated it would be hours before the fire would be extinguished, and it may require bringing in heavy equipment to knock down parts of the structure. The dog and two cats were believed to have died in the fire. The fire appears to have started in the wood stove area. Volunteer fire departments from throughout the eastern part of Genesee County responded to the fire, including (but not limited to), Bethany, East Bethany, Pavilion, Alexander, Le Roy and Bergen.

UPDATE 12:23 p.m.

Mobile phone video submitted by a reader at the scene:

UPDATE 2:09 p.m.: It sounds like most of the remaining units are going back in service. Tim Yaeger and his staff are back in service.

More pictures after the jump (below the map):

View Larger Map

Todd James Pangrazio, 34, of 8032 E. Main Road, Le Roy, is charged with coercion 1st, criminal mischief 4th, endangering the welfare of a child and harassment 2nd. Pangrazio allegedly got into a fight with his girlfriend and "instilled fear in her," and damaged her mobile phone, preventing her from calling for help. He also allegedly had physical contact with her and two children under age 17. The case was investigated by Deputy Frank Bordonaro.

Eslie James Worthington III, 20, of 2609 Batavia-Oakfield Townline Road, is charged with harassment 2nd. Worthington is accused of striking another person in the face at about 2 a.m. on Dec. 20. (Worthington was also involved in a one-vehicle accident Dec. 27 in which he suffered a head injury.)

A 17-year-old boy from Oakfield has been charged with forcible touch. The alleged incident occurred in December. He is accused of inappropriately touching a female who was at his residence. The case was investigated by Kristopher Kautz.

Following its session last week, the following indictments were handed down by the Grand Jury:

James S. Gibbs faces a 24-count indictment stemming from an allegedly false disability claim. Gibbs was originally arrested on these charges in October 2009. The indictment includes charges for grand larceny, insurance fraud and offering false instruments for filing and a violation of the worker's compensation law.

Jason W. Wolf is charged with grand larceny 3rd. Wolf is accused of stealing more than $3,000 in unemployment benefits between August 2007 and February 2008.

Micahel P. McDonald is charged with DWI and DWI with a BAC of .08 or greater. McDonald is accused of operating a 2004 Suzuki in the parking lot of 355 W. Main St. on Sept. 21, 2009 while drunk.

Daniel N. Brown is charged with grand larceny 4th. Brown is accused of stealing child support payments valued at more than $1,000. The alleged crime took place in the Town of Le Roy between January and June 2008.

A majority of Batavia City Council members want city staff to continue studying a plan to turn over houses that have become delinquent in their taxes to a non-profit organization for rehabilitation.

Setting up such a process -- whether it involves creating a new non-profit corporation run by the city or working directly with Habitat for Humanity -- will require additional staff research time, legal expense and potentially staff time to manage any new program.

Councilman Tim Buckley wanted to table the proposal, saying the city has too many other bigger priorities, but the consensus of the council during last night's conference meeting was to ask City Manager Jason Molino to conduct further research.

Council President Marianne Clattenburg said she saw the program as an opportunity to prevent more housing units from falling into low-end rental units and become better maintained owner-occupied homes.

Councilman Sam Barone, who works with Habitat for Humanity, sometimes has trouble buying a house at auction because they get out bid.

A partnership on housing rehabilitation would allow the designated non-profit to buy the house before it goes to auction.

However, the council also discussed the fact that nothing prevents Habitat from reaching out to a tax-delinquent property owner before a house goes up for auction and paying the back taxes in exchange for the property deed.

Only about three homes per year fall into delinquncy and go up for auction.

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Now in stock: Of course, flowers are the perfect give for Valentine's Day. We have a $20 gift certificate for $9.50.

The Mane Attraction, 99 E. Main St., Batavia, NY: The Mane Attraction is a spa and salon offering pedicures, manicures, hair styling and massage. We have a $20 gift certificate for $10.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

A van in the roadway on Route 77 just north of Gabby Road is reportedly on fire.

The van is unoccupied at this time.  The van is reportedly fully involved.

Pembroke and Indian Falls fire are being dispatched.

UPDATE 6:42 a.m.: East Pembroke's tanker is being dispatched.

What if you were having a heart attack or some other serious medical emergency and it was one of those rare times when all Mercy EMS ambulances were tied up on calls outside of the city?

Wouldn't it be a good thing if a paramedic from the city's fire department -- the emergency responder most likely to get to your house first in such a situation -- was certified to provide Advanced Life Support service?

On an 8-0 vote Monday, the Batavia City Council decided to deny city residents that extra level of protection, even though it wouldn't cost taxpayers a single dime.

"I think we had to decide whether we wanted our fire department chasing ambulances, or do we want our fire department used for the function it's best suited for," said City Council President Marianne Clattenburg.

She characterized the vote as a policy decision that extends from the city's decision to get out of the ambulance business.

She said the council wants the fire department to concentrate on fire prevention, code enforcement, public safety, fire suppression and education.

Fire Chief Ralph Hyde requested the council approve a program that would have allowed the department to become ALS certified, allowing its firefighters that are trained as paramedics -- 16 of them are, and all future hires will be, by state law -- to provide a higher level of life-saving services. Paramedic-trained firefighters can only provide Basic Life Support services without ALS certification for the department.

Because of state reimbursement programs and the ability to recoup training fees from other jurisdictions, city taxpayers would not have been required to foot any portion of the bill for ALS certification.

Among the critical life-saving procedures that ALS-certified medics can provide that BLS paramedics cannot is cardiac defibrillation.

"The Basic Life Support will still be there," Clattenburg said. "Once we divested of the ambulance, and the (new service) ambulance seems to be running fine, they seem to be getting where they're going and they've even added personnel and vehicles to respond to the call volume, so it really is a change in focus, because when you have a whole fire department that's geared toward to ALS but yet there is someone else doing that now doesn't make sense, just to keep that mindset and that training level there when that's not their primary job."

For more on the difference between BLS and ALS, read the following Wikipedia entries:

• Basic Life Support
• Advanced Life Support