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A 27-year-old Dunkirk man and his 17-year-old companion were accused of dealing hallucinogenic mushrooms prior to the Tom Petty concert at Darien Lake on Saturday.

Both men were jailed on $5,000 bail.

Brett A. Tofil (pictured, left) of Middle Road, Dunkirk, is charged with possession of a controlled substance, 5th. He was also accused of possessing brass knuckles, leading to a charge of criminal possession of a weapon, 4th.

Also arrested was Joseph W. Kulig II (pictured, right), 17, of Custer Street, Buffalo. He was also charged criminal possession of a controlled substance, 5th.

Additional arrests related to the concert:

Adam J. Phillips, 28, of Redman Road, Brockport, is charged with assault, 2nd, trespass and resisting arrest. Phillips is accused of entering the seating area without a ticket several times. When officers attempted to arrest him, he allegedly fled on foot. When apprehended, Philips allegedly fought with officers, punching one in the face and injuring a deputy's finger. Phillips was jailed on $5,000 bail.

Sarah J. Cooper, 19, of Cree-Ton Drive, Amherst, is charged with unlawful possession of marijuana, resisting arrest and two counts of harassment, 2nd. Cooper was allegedly found in possession of marijuana in a vehicle in the parking lot. She is accused of resisting arrest, thrashing about and attempting to get away while being transported to the security office. While being processed prior to arraignment, Cooper allegedly kicked a corrections officer and also kicked a security guard. Cooper was jailed on $1,000 bail. She had also been issued a citation for alleged underage drinking and additional charges may be pending.

Matthew J. Pasternak, 20, of North Ivy Hurst Road, Amherst, is charged with unlawful possession of marijuana, resisting arrest and harassment, 2nd. Pasternak was allegedly yelling and screaming profanities while in the concert venue parking lot. When officers attempted to arrest him, he allegedly fought with them. He was allegedly found in possession of marijuana while being processed prior to arraignment. While EMT personal attempted to treat him for minor abrasions, he allegedly kicked at the emergency personnel. He was jailed on $750 bail. He also had been issued a citation for alleged underage drinking. Additional charges may be pending.

Jonathan Raymond (AKA John Doe),  21, is charged with trespass. He is accused of refusing to leave the concert venue after being instructed to do so several times. The suspect allegedly refused to cooperate and provide information about himself. He was jailed on $1,000 bail.

James R. Ross Sr., 49, and James R. Ross, 25, of Washington Street, Lockport, were charged with disorderly conduct. They are accused of fighting with Darien Lake security while walking from the concert to the campgrounds. They were jailed on $200 each.

Tyler N. Taylor, 25, of Regent Street, Welland, Ontario, Canada, is charged with trespass. He is accused of refusing to leave the parking lot after being told several times to leave. He was jailed on $400 bail.

Eric M. Hallinan, 20, of Sheldon Road, Orchard Park, Jesse P. Hughes, 20, of Tim Tam Trail, Blasdell, and Clayton T. Bainey, 20, of Troupe Street, Buffalo, are all charged with petit larceny for allegedly stealing a charcoal grill from a car in the parking lot.

Myles D. Macleod, 22, of Cedar Street, Akron,  is charged with disorderly conduct. He allegedly physically threatened an officer while in the concert venue.

Sara N. Rogers, 24, of Country Place, Lancaster, is charged with unlawfully dealing with a child, 1st. Rogers allegedly provided alcohol to minors.

Christopher T. Wailand,  28, of Chapel Glenn Drive, Hamburg, is charged with trespass. Wailand allegedly entered the concert venue without a ticket.

The following people were issued citations for alleged underage drinking:

Rachel R. Pawelski, 18, of Country Place, Lancaster
Kristie C. Dunphy, 20, of Cass Avenue, Cheektowaga
A 17-year-old, of Leawood Drive, Tonawanda
Gregory A. Minkewicz, 20, of Greentree Road, Tonawanda
Alexander B. Kucera, 19, of N. Ellicott Court, Amherst
Jonathan C. Wolf, 19, of Idlewood Drive, Tonawanda
Tony G. Molino, 19, of Herdle Avenue, Buffalo
Allison P. Reinagel, 20, of Canada Strett, Holland
Tracey A. Paglicci, 19, of Harlem Road, Amherst
Robin E. McDonald, 20, Dellwood Street, Amherst
Lyndsey M. Noreek, 20, of Christen Court, Lancaster
Robert C. Sedivy, 20, of Elm Avenue, West Seneca
Cassie J. Pomeroy, 19, of Claudette Court, Cheektowaga
Brock A. Morsch, 19, of W. Liberty Street, Dansville
Michael L. Daniel, 18, of Clinton Street, Dansville
Dustin R. Norton, 19, of Quigghollow Road, Andover
Robb F. Fuller, 19, of Charles Street, Scio
Joshua M. Bierman, 18, of Wadsworth Hill Road, Scio
Casey M. James, 19, of Church Street, Scio
A 16-year-old, of Drum Road, Allentown

Publisher's note: From about 6 p.m. until 11 p.m. last night, I hung out with members of the Sheriff's Office and observed concert day law enforcement activity. Similar to a story we did last year about a night in Darien Court, I'll have a story later this week about Saturday night during the Tom Petty concert.

The following people were arrested by the Genesee County Sheriff’s Department during the Brooks & Dunn concert at Darien Lake Performing Arts Center:

Gregory J. Smith, 23, of Austin Street, Alden, is charged with trespass. Smith allegedly returned to the concert venue after being ejected.

(Name removed upon request), 19, of Heyden Avenue, Orilla, Ontario, Canada, is charged with petit larcney. Gowanlock is accused of stealing Dippin’ Dots while in the Amusement Park. Gowanlock was released on $500 bail.

Alexander Vanloendersloot, 26, of E. Naples Street, Wayland, is charged with disorderly conduct. Vanloendersloot allegedly engaged in a fight in the parking lot of the concert venue. Vanloendersloot was released on $150 bail.

Travis E. Kanaval, 25, of County Route 92, Wayland, is charged with disorderly conduct. Kanaval is accused of allegedly revving his truck engine repeatedly causing annoyance and alarm while in the concert parking lot. Kanaval was released on $150 bail.

Frank W. Hoffman III, 21, of Michigan Street, Wayland, is charged with trespass, resisting arrest and unlawful possession of marijuana. Hoffman is accused of refusing to leave the parking lot and then resisting arrest. Hoffman was also found in possession of a small quantity of marijuana. He was released on $500 bail.

Jamie R. Perkins, 20, of County Route 90, Dansville, is charged with false personation. Perkins is accused of providing deputies with a fake date of birth. Perkins was also issued a citation for possession of alcohol under age 21 after allegedly being found in possession of an alcoholic beverage twice. Perkins was jailed on $300 bail.

A 16-year-old, of Mill Street, Cohocton, is charged with unlawful possession of marijuana and possession of alcohol.

A 16-year-old, of State Route 415, Cohocton, is charged with unlawful possession of marijuana and possession of alcohol.

Hilary E. King, 18, of Coomer Road, Burt, is charged with disorderly conduct and resisting arrest. She is accused of causing a disturbance inside the concert venue.

Tyler A. Austin, 20, of Mill Street, Cohocton, is charged with trespass. Austin allegedly re-entered the concert venue after being ejected. Austin was also issued a citation for allegedly possessing alcohol under age 21.

A 16-year-old, of S. Main Street, Medina, is charged with petit larceny. The youth is accused of stealing a can of beer. He was also issued a citation for allegedly possessing alcohol under age 21.

Bryan E. Ehrhart, 26, of Glendale Avenue, Hamburg, is charged with forcible touch. Ehrhart is accused of touching a female in an intimate area.

Eric A. Eick, 21, of Chestnut Ridge Road, Middleport, is charged with assault, 3rd. Eick is accused of striking another patron causing physical injury.

Ryan J. Eick, 27, of Chestnut Ridge Road, Middleport, is charged with assault, 3rd. Eick is accused of striking another patron causing physical injury.

The following people received citations for alleged underage drinking:

A 17-year-old, of Pleasantside Drive, Wayland
Kevin J. Costello, 18, of East Avenue, Wayland
Kerrie L. Coykendall, 18, of Canadice Road, Springwater
Cassandra M. Dyckman, 19, of University Avenue, Atlanta
Coreena L. Prince, 19, of N. Main Street, Cohocton
Laura G. Rauber, 20, of Route 36, Dansville

On Route 77, Darien, a person jumped out of a black Ford Crown Victoria, ran up to another car and punctured the tires.

The Crown Vic then sped off on Route 77 toward Route 20.

The car is registered at an address in Buffalo.

Erie County Sheriff's is being notified.

UPDATE 1 p.m.: Something is going on with this.  A father has been on the phone with dispatch. A law enforcement officer has said, "well, we can certainly work something out if he's willing to replace the tire." Also, the officer told dispatch to notify Buffalo PD so "they don't have to waste their time."  So, apparently, a subject has been identified and there is more to the story that's not coming across the scanner.

Dispatcher just said the father is returning to Darien and will take care of the tire, purchasing whatever tire needs to be purchased. "He's clearly not happy with his son," the dispatcher said. "He understands what we want?" said the officer. "He's very understanding and cooperative."  Officer: "We can't ask for more than that."

For the second time tonight, a Batavia Police officer has been asked to respond to an address on State Street because somebody is ringing a door bell.

Officer: "Well, if she would just let her in since she lives there ... "

Dispatcher: "That was explained to her, but with a negative response."

Officer: "Roger. I'll head over there."

This is a replacement barn. The original barn on Partridge Farms burned down some time in the 1950s and current owner Pat Partridge said the current structure was built.

Like many barns in Genesee County, the barn needs some repairs, and Partridge said there are some problems with the roof that are way too expensive to fix, but they do try to keep the barn in good shape.

Partridge Farms is located on Ellicott Street Road, Batavia (right across from Johnny's).

The picture below is from another building on the farm.

Johnny's on Ellicott Street Road sure stands out these days.

Bartender Linda -- who wouldn't stand in our picture because she doesn't want any publicity for this -- said she doesn't really like drab colors.

For who knows how many years, the outside walls of Johnny's have been white.

Linda said she suggested to the owners that they paint it red and blue. That idea was rejected, so the "compromise" was lime green.

Linda doesn't know how long Johnny's has been around -- the current owners have operated it since 1955, and it was a bar before that, she said.

But I bet it's never been lime green before.

New York has awarded a $400,000 grant to the City of Batavia to help low-income homeowners rehabilitate their residences.

The city applied for the grant from the New York State Office of Community Renewal after receiving more than 60 applications for rehabilitation help. The show of interest from low-income homeowners was essential to the grant process.

With the funds, the city will be able to help 15 to 20 property owners rehabilitate their homes.

Very-low income homeowners (under $24,500 annual income) will be able to receive up to $24,500 to pay for repairs, and moderate-low income households can receive 75-percent reimbursement on rehabilitation, up to $18,375.

The homes must be owner-occupied.

As soon as the final paperwork is received from the state, the city will notify all applicants on how to proceed with their request for assistance.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, shut down nine days ago over an alleged failure to pay state taxes, will reopen at noon, Saturday.

Owner Carlos Hernandez received the keys back to his restaurant today and was busy late this afternoon, working with his staff, getting the restaurant ready to reopen.

He said he's very happy to get the issue resolved.

Through an interpreter, Hernandez said the tax issue was an oversight.

"It was a misunderstanding with the accountants."

Tax officials claimed he owned more than $32,000 in unpaid sales and corporate taxes.

Hernandez hired an attorney to help him straighten the matter out and reached an agreement with New York so he could start serving fajitas and burritos again.

Hernandez also made a point of noting all the positive comments about Margarita's on The Batavian. He appreciates the support.

William J. Butler, 40, of 3 Vine St., Batavia, is charged with two counts of criminal possession of a controlled substance, 3rd, and promoting prison contraband, 1st. Butler was taken into custody by members of the Local Drug Enforcement Task Force as part of an investigation into trafficking in crack cocaine in Batavia. Members of the task force, the Genesee County Sheriff's Office and the Batavia Police Department executed a search warrant on Butler's residence. Butler was located in a vehicle on Route 33, Town of Batavia. As a result of the searches, Butler was allegedly found in possession of more than one-half ounce of crack cocaine. While being processed into Genesee County Jail, Butler was also allegedly found to have crack cocaine on his person. The total street value of the crack cocaine is estimated at $1,000. Additional charges may be pending. Butler was jailed with no bail.

Christopher Paul Rutherford, 26, of Cowan Road, Piffard, is charged with petit larceny. Rutherford is accused of giving away an oil change and tire rotation to a friend and fellow employee at 4133 Veterans Memorial Drive, Batavia.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with petit larceny. Lockhart is accused of shoplifting from Walmart.

Diane Mary Kotarski, 37, of Lewiston Road, Batavia, is charged with harassment, 2nd. At 3:35 a.m., Kotarski allegedly grabbed a male victim by the neck and slammed him into a car window. Kotarski was arraigned and released and an order of protection was filed barring her from contact with the alleged victim.

Steven Michael Hauser, 41, of Stanridge Court, Rochester, is charged with harassment, 2nd. Hauser is accused of punching another person while inside the concert venue at Darien Lake. The alleged incident occurred at 10:45 p.m., Aug. 20.

Gerilynn Georgette Joannis, 43, of Stanridge Court, Rochester, is charged with harassment, 2nd. Joannis is accused of punching another person while inside the concert venue at Darien Lake. The alleged incident occurred at 10:45 p.m., Aug. 20.

South Beach, 59 Main St., Batavia, NY: Only recently reopened, a fine/casual dining atmosphere, offering steaks and seafood and daily specials. We have a $25 gift certificate for $12.50 (must be used by Nov. 30, 2010).

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Carlson's Studio, 39 Jackson St., Batavia, NY: Weddings, new babies, family portraits, pet portraits and group events -- preserve those memories with professional photographs. We have a $100 gift card for $50 (+$2 PayPal Service fee).

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $20 gift card for $10.

Stafford Trading Post, 6173 Main Road, Stafford, NY: Lunch or dinner, Stafford Trading Post offers a variety of fresh, homemade meals, as well as snacks and drinks. Now in a new, expanded location. We have a $25 gift card for $12.50.

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.

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 happens in sports, it happens at Brown's." We have a $20 gift card 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 $20 gift card for $10.

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.

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

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. 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

The Batavia Muckdogs remain much in the hunt for the Pinckney division crown after taking three of four games from the Williamsport Crosscutters at Dwyer Stadium over two days of double-headers.

The series put the Muckdogs, now 37-27, three games ahead of Williamsport in the wild-card race.

Tonight at Dwyer, Batavia split the double-header, taking the first game 6-3 and dropping the second 2-1.

Nick McCully (3-2) picked up the win going six innings (of a seven inning game) giving up seven hits and three runs.

First-year pro Mike Reid picked up his second save dispensing of Williamsport in the seventh on quick three outs.

First baseman Victor Sanchez had three hits and scored twice, while catcher Audey Perez had two hits and two RBIs and Jon Rodriquez tripled and drove in two runs. Nick Longmire scored two runs.

In the second game, reliever Keith Butler was unable to protect a one-run lead in the seventh inning. Butler gave up two hits and two runs.

Batavia's lone run came on a lead off home run by Chris Edmondson. It was Edmondson's first homer as a Muckdog. He hit six earlier in the year with Johnson City. Edmondson is hitting .324 in 18 games with Batavia.

Batavia managed only three hits in the second game against three Williamsport pitchers.

Tomorrow the Muckdogs travel to Pennsylvania for the first of five straight games against State College (32-33). The final three games, starting Sunday at 5:05 p.m., are at Dwyer Stadium.

More pictures after the jump:

A car was stolen a short time ago from in front of a business on Liberty Street.

A customer went into the business and found when she came back out that her 2009 Chevy Malibu was gone.

The color of the car is gray.

Batavia Police are responding.

An outside consultant's ongoing study of what Genesee County should do with its nursing home is proceeding as planned and on schedule, according to County Manager Jay Gsell.

The point needed to be made, Gsell said, because as the Center for Governmental Research works through its interviews, researchers are encountering questions and rumors about the status of the report.

The rumors have been as wild as suggesting that the county is looking at purchasing UMMC, which Gsell said isn't going to happen.

To remind everybody what CGR is up to, Gsell issued a "status report" to the local media today.

Full report after the jump:

The due diligence process focused on the future fiscal and operational viability of the Genesee County Nursing Home is continuing on schedule with an expected comprehensive report by the Center for Governmental Research (CGR), the outside consultant retained by the county earlier this year, to be delivered in September or October 2010.

Over the past four months CGR has engaged a broad cross section of county legislators and management staff; nursing home administration, staff and local union representatives; residents and their family members; nursing home contracted service providers and community healthcare professionals and business representatives in their fact-gathering and opinion-seeking process.

CGR conversations are also anticipated with the New York State Department of Health’s regional and state representatives as part of their review and development of the options for the long-term future of the county’s 240-bed nursing home and related services environment. This includes a detailed analysis of a variety of historical financial and descriptive data about the Genesee County Nursing Home and its various component programs and services.

Possible long-range options include:

• Continued county ownership and operation as a county department;

• Continued county ownership and operation as a county department with significant fiscal and operational changes;

• Solicit through a Request for Proposal for a contract with a third party for management, operation and streamlining of facility costs;

• Or solicit through a Request for Proposal process potential alternative ownership and/or operational agreements.

Closure is not an option being considered by the county, and all of the above options would include the ultimate goal of ensuring that the long-term institutional care needs of a diverse group of Genesee County residents are met.

The county’s commitment to quality care and a pleasant living and working environment for years to come is evidenced by the debt obligations and facility improvements it continues to make on behalf of the nursing home.

A significant capital investment was made in the facility in 2000 and capital investments continue today with necessary infrastructure projects such as roof replacement and reconnection to the National Grid electric services.

These investments are being made in spite of ongoing and projected $1 to $3 million-plus annual operating deficits and the state and federal governments’ continued capping or reducing daily reimbursement rates under Medicare and Medicaid.

The engagement of CGR as an outside, neutral expert in researching and profiling alternatives to the current deficit-financed public-sector legacy is a commitment to being as prudent, responsible and strategic as possible for the nursing home’s residents, employees and the county’s taxpayers.

The present analysis and outlining of options is an accepted standard practice engaged continuously by private business and industry. The county should be no less prudent or proactive when it comes to this heavily regulated, 24 hours/7 days per week operation. Its maintenance and upkeep are paramount to this critical piece of our community’s healthcare continuum.

Jay A. Gsell
Genesee County Manager

The following indictments were filed last week by the Genesee County Grand Jury.

Nicholas S. Dellarocco is indicted on charges of burglary, 3rd, criminal mischief, 4th, and petit larceny. Dellarocco is accused of entering a business at 3 West Ave., Le Roy, on May 3 with the intention to commit a crime. He allegedly damaged doors and a cash register in the building. He also allegedly stole cash from the business.

Alan J. Delano is indicted on charges of burglary, 2nd, petit larceny, and three counts of criminal possession of stolen property, 4th. Delano is accused of entering a residence at 61 Myrtle St., Le Roy, with the intent to commit a crime. He is accused of stealing a flat-screen TV and a vase along with $30 cash on March 13. He is accused of possessing a credit card, a debit card and a public benefits card belonging to another person.

Crystal L. Goodrich indicted on charges of felony DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation of a vehicle. Goodrich is accused of driving a 2003 GMC on a public road in Pavilion on May 3 while intoxicated.

For the three youths being hauled into family court on arson charges stemming from the Wiard Plow fire on May 8, justice -- such as it is -- will be swift.

Family court operates much faster than adult court, according to Assistant County Attorney Durin Rogers.

Rogers spoke on the condition that his comments not be construed as speaking specifically about the arson case, but in general about how family court operates and what a youth facing felony charges might expect. He is prohibited by law from talking about specific cases in family court, where all matters are kept confidential.

The outcome of a case such as this could range from conditional discharge, to two years probation, to placement in a limited-security facility for up to 18 months. 

That's as close as a youth charged with a felony might come to prison, unless the young offender committed one of a series of offenses eligible for juvenile offender status.

As a JO, a youth could be tried as an adult.

The charges in this case do not fall within that statutory definition, Rogers said.

Some cases, he said, are just seen as acts of juvenile delinquency.

Asked if the public will ever know the outcome of the case, Rogers said he couldn't comment.

Det. Todd Crossett told WBTA this morning that the arrest of the three 14-year-olds is the last the public will ever hear of the case.

As for the parents of youths in such cases, they face no charges tied directly to their children's actions, and are not technically financially liable for the damage caused by a minor to private property, Rogers said. 

In family court, there are hearings and respondents (called defendants in adult court) who receive legal respresentation. A convicted youth can be ordered to pay restitution, but not the parents, Rogers said.

That doesn't mean the property owner victimized by an act of vandalism can't sue the parents. But in order to sue them, the property owner would have to know who the youth was who committed the crime. Asked if there was a procedure for a property owner to find out the name of defendant in family court, Rogers said he couldn't comment on that.

Crossett told WBTA this morning that detectives don't believe the three youths meant to burn down a building.

"I don't think there was the thought when they went in there to say, 'Let's burn the whole thing down,'" Crossett said.

With the old wood and chemicals in the building, Crossett said the youths' fascination with fire became something too big too fast.

"I think the fire just got really out of hand really fast," Crossett said.

The foundations of the old factory buildings have been cleared of debris, as the pictures with this post show. Owner Tom Mancuso was not available to comment today on the future of the space.

As the chapter on the May 8 fire comes to a close, Mancuso's company is also pushing ahead with the Masse Gateway Project.

After a few years of being unemployed, Mary Holmes decided it was time to open her own store.

"I just finally got tired of working for other people," Holmes said.

The Batavia resident and Attica native owned a crafts store in Albany during her 25 years living there, but with her family's background in flea markets, it was natural that the store would carry a variety of used merchandise.

The primary focus, however, as the name of the store says, is books. The business name is Anything Goes Books and More. It is located in the Harvester Center right on Harvester Avenue.

Holmes has amazing, impressive array of items to sell, but as she expected, most of her customers to this point have been buying books.

She opened the store the first week of August.

And the outlet is a family affair. Some of the merchandise comes from her father's estate and her two bothers and sister help by going to garage sales and flea markets looking for more used items to sell in the store.

"I need the help," Holmes said. "I can't be out there picking stuff and be in here, too."

Right now, the store occupies three office-sized spaces in the Harvester Center. Holmes said it's her dream to see the store expand and carry even more items, or even when its doing well enough to move to Main Street.

She acknowledged that the Harvest Center is a little out of the way for some people, but with the recent addition of some other new businesses in the complex, it's helped her business a lot, she said.