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A Batavia man is in satisfactory condition following a single-car, rollover accident on Route 98 in Alexander at 12:22 a.m. Monday.

David E. Stupp, 39, of 8052 North Bennett Heights, Batavia, suffered a fractured neck in the accident.

Stupp was reportedly driving northbound on Route 98 when his 2004 Mercedes-Benz convertible left the east shoulder. The car struck a ditch in a driveway culvert and overturned, coming to rest facing south.

No other people were involved in the accident.

Stupp was cited for DWI, unsafe lane change, speeding and refusal to submit to a breath test.

Justin Fay, who was an Eagle Scout, honor roll student and honor society scholar in college, pleaded guilty today to one count of misdemeanor criminal trespass for breaking into the Harvester Center one rainy Saturday night in late July.

Now a Rochester resident, Fay told Judge Robert Balbick in City Court that he did enter the Harvester Center without permission.

He had been facing a burglary charge.

Fay will be sentenced after the Monroe County Probation Department completes a pre-sentencing review.

We have no information at this time on his co-defendants, William F. Wernert III and Cory C. Pickering.

Michael L. Jackson, accused of burglary and grand larceny, got a "get out of jail" free card when the District Attorney's office did not seek a grand jury indictment within the prescribed 45 days.

Last week, an indictment was handed down and Jackson was taken into custody again. On Sept. 3, Jackson posted a $10,000 bond and is now free awaiting trial.

According to the indictment, Jackson is charged with a count of burglary in the third degree, two counts of grand larceny in the third degree, and two counts criminal mischief in the second degree.

A new charge also pops up: tampering with a witness in the fourth degree. Jackson allegedly went to the home of one of the witnesses and attempted to induce her not to testify before the Grand Jury.

Jackson, now an Oakfield resident, is accused breaking into Holland High Lift, 10033 East Road, Bethany. He allegedly stole a 42-inch Viewsonic flatscreen television, a Samsung 22-inch flatscreen television and a Sony digital camera. He also allegedly stole a 2005 Ford Supercab 250. Jackson also allegedly damaged an office window, a display case, light fixtures, drywall, a motorcycle, computer equipment and an overhead door. He also allegedly damaged the Ford truck.

A dump truck is on fire and reportedly "fully involved" near the intersection of Genesee road and Boyce Road in Corfu.

The Corfu Volunteer Fire Department has been dispatched.

UPDATE 12:54 p.m.: The truck is reportedly under power lines.  It is west of Boyce Road, well up a driveway.

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Robert J. Eppolito is reportedly in trouble with the law again.

The name of Eppolito did not appear in The Batavian a few days ago when we reported about a couple allegedly caught in full embrace in a very public Oakfield Village parking lot, but after learning more about the incident, we decided to connect Eppolito's name to the arrest.

We were on the verge of a decision to release his name, when we heard about Eppolito's arrest last night for allegedly slamming a woman against a wall during an argument.  Eppolito also allegedly broke the woman's cell phone.

Eppolito, 27, of 1 North Pearl St., Oakfield, is charged with a felony count of criminal mischief in the third degree and harassment in the second degree. He was jailed on $2,500 bail.

In the Friday morning incident, according to a witness and in an answer to our inquiry with Sheriff Gary Maha, we are told that Eppolito and the woman were completely naked inside the car, their sexual activity easily observable by anybody in the area. The alleged incident occurred while people were in the village setting up for Labor Daze. Sheriff Maha tells us that the arresting officer said Eppolito "just didn't care" that the couple was in public.

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.

There was a standing ovation in Dwyer Stadium on Saturday night, but it wasn't for a great diving catch, or a rare triple play or a bomb hit over the dead center field fence -- it was for the stadium announcer, Wayne Fuller.

Fuller, the voice of Batavia baseball for 25 years, announced his retirement from the PA mic, and the crowd paid Fuller the ultimate sporting honor -- a Standing-O.

Fuller, who also served as the official scorer, has been positioned in the Dwyer press box -- dubbed "Wayne's World" -- calling out starting line-ups and determining hits and errors through the baseball eras of the Trojans, Clippers and Muckdogs.

"There is a trick to determine when you leave on your own or are asked to leave," Fuller told the crowd. "I have decided this is my time to retire and leave the two jobs. As I have gotten older it has become harder, as they say today, to multi-task, and that's the principle reason for my decision."

Fuller continues on in his afternoon shift with WBTA and will also remain in the booth for high school and college games.

Fuller told me this morning he's looking forward to a trip to Alaska next summer -- a dream he couldn't fulfill while obligated to the Muckdogs for home-game announcing.

It looks like work has finally begun on the Ellicott Street railroad crossing. 

Center Street is closed at Ellicott. There is two-way traffic this morning on Ellicott, but guided by cones.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, N.Y.: 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 $25 gift certificate for $12.50.

Matty's Pizzeria, 4152 W. Main St., Batavia, N.Y.: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, N.Y.: 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.

Pudgie's Lawn and Garden Center, 3646 West Main Road, Batavia, N.Y.: Autumn is the time to think about spring flowers -- and Pudgie's has a great selection of bulbs already in stock, ready to plant. We have a $25 gift certificate for $12.50.

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A car has run into a utility pole at 6442 Ellicott Street Road, Pavilion.

Live wires are down, and the pole is down on top of the car. No word on injuries yet.

Southbound traffic is being halted.

UPDATE 1:31 p.m.: Apparently, three people were in the car. They are now in a swimming pool near the accident scene trying to wash the glass off themselves. EMS: "We've got three victims here. They are in the pool. They appear OK other than glass."

UPDATE 2:17 p.m.: Route 63 has been reopened.

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Joseph D. Becerril, 21, of 320 Polebride Road, Avon, is charged with criminal possession of stolen property and petit larceny. Becerril was arrested at Darien Lake Theme Park for allegedly stealing items from cars in the parking lot. Becerril was jailed on $1,500 bail. The case was investigated by Deputy Jason Saile with assistance from deputies Frank Bordonaro and Howard Carlson as well as the State Police and Darien Lake security.

Joseph M. Hamm, 32, of 580 Glide Road, Rochester, is charged with DWI, driving with a BAC of .08 and unlicensed operation. Hamm was arrested after the Sheriff's Office received a report early Saturday morning of a car in a ditch off Sumner Road in Darien.

Eric P. North, 29, of 152 Linwood Ave., Amherst, is charged with DWI, driving with a BAC of .08 and failure to keep right. North was arrested following a traffic stop on Route 33 in Pembroke by Deputy Bradley D. Mazur.

Karen A. Dusky, 37, of 7158 Wright Road, Basom, is charged with DWI, driving with a BAC of .08, failure to keep right and endangering the welfare of a child. Dusky was stopped just after midnight Saturday morning by Deputy Patrick J. Reeves on Route 77 in Pembroke. She reportedly had a child under 17 in the vehicle with her.

Carrie M. Capizzi, 28, of 3300 Broadway, Alexander, is charged with DWI, driving with a BAC of .08 and failure to dim headlights. Capizzi was stopped for allegedly failing to dim headlights at 2:39 a.m. on Route 20 in Alexander by Deputy Howard Carlson.

Heather L. Leith, 30, of 3938  Risher Road, Youngstown, Ohio, is charged with DWI, driving with a BAC of .08 and inadequate headlights. Leith is also accused of with driving an unregistered vehicle, improper license plates and operating without insurance. Leith was stopped by Deputy Mazur just after midnight on Sunday morning. She was jailed on $500 bail.

A 17-year-old is charged with trespass. The youth is reportedly a former employee of Darien Lake Theme Park who had been banned from the property, yet was found in the park Sunday about 4 p.m..

Mitchell J. Atwell, 24, of 308 Mcintyre Road, Le Roy, is charged with harassment. Atwell is accused of making verbal threats during a dispute with a neighbor.

Christopher T. Herman, 30, of 39 Citation Drive, Henrietta, is charged with DWI, operating with a BAC of .08 and endangering the welfare of a child. Herman was stopped Sunday at 1:05 a.m. at a police checkpoint on Law Street. Herman reportedly had his 4-year-old son in the car.

Julian J. Matla, Jr., 45, of 35 Church St., Le Roy, is charged with DWI and operating with a BAC of .08. Malta was stopped at a police checkpoint at 11:58 p.m. Saturday.

Michael T. Ellis, 21, of 2781 School St., North Collins, is charged with DWI. Ellis was arrested by Batavia Police after allegedly failing to abide by rules set down in a conditional discharge for a previous DWI guilty plea.

Karen Grzybowski, 38, of 24 Audabon Terrance, is charged with harassment. The charge stems from an incident at 10:05 p.m. Saturday on Allegany Road in Darien. No details were provided.

Jacob R. Hennard, 20, of Bergen, is charged with DWI and operating with a BAC of .08. Hennard was stopped by State Police on Colby Road in Darien at 10 p.m. on Friday.

An off-duty Monroe County firefighter spotted a large amount of smoke on Sackett Road of Route 19 in Bergen and reported it as a possible barn fire.

The first responders from Bergen Fire Department have not been able to spot a structure fire, though a good deal of smoke is visible. They are attempting to locate the source.

Brockport and Churchville were initially dispatched as mutual aide, but have been cancelled since this is not an apparent structure fire.

UPDATE 10:35 p.m.: No clear indication what this was about, but Bergen is back in service.

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Police are responding to the 100 block of Elm Street, where a lost 6-year-old was found walking down the street crying.

UPDATE: It sounds like the child was reunited with her family.

A caller to the dispatch center reports that a telephone pole has been sheared off on Ledge Road, just east of 77, in Alabama.

"It appears to be a motor vehicle accident, but no vehicle around," according to dispatch.

Pole and wires are down on the ground.  The pole is in three different pieces.

There was a suggestion from a responder that the pole down is a result of an accident last night.

UPDATE: Alabama Fire Chief: "This is the same pole from Friday night, so I'm clear."  Notifications have already been made.

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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.

A Pennsylvania man who was reported missing after attending a concert at Darien Lake Theme Park on Friday was found dead early Sunday morning in Sunshine Lake by scuba divers investigating his disappearance.

The death of William "Billy" Sutherland, 33, of Bradford, Pa., is not considered suspicious at this time, but the investigation continues.

Sutherland attended the Toby Keith and Trace Adkins concert Friday, but became separated from his friends. The group spent several hours looking for him, but eventually returned home.

When Sutherland did not return to Bradford Saturday, his family and friends drove back to Darien Lake to look for him and contacted the Genesee County Sheriff's Office to report him missing.

After interviews with friends and family, the Sheriff's Office concentrated its search in the parking area, especially in the area of Sunshine Lake, which is located within the parking area.

There is no word on how long the search took. His body was found by divers at 1:30 a.m..

The Sheriff's Office was assisted by the security staff of Darien Lake, the Darien Volunteer Fire Department, the Alden Fire Department's water rescue team, and the Genesee County Office of Emergency Management.

A person has been stabbed near the beer gardens at Darien Lake Theme Park.

The victim's leg was cut by the knife and the artery was hit.

UPDATE: FWIW, at Darien tonight is "Cruefest – Motley Crue with Godsmack," and it appears to be the final concert on the Darien Lake schedule for the season.

A picnic table is reportedly on fire in Bergen Park, 53 S. Lake Ave., Bergen.

There is a reported stabbing in the Country Meadows Trailer Park on Clinton Street Road. Law enforcement is on scene. Mercy EMS has been dispatched.