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Judge lifts order of protection so man charged with larceny can work for alleged victim

By Howard B. Owens

A Warsaw man accused of grand larceny in a complicated scheme to steal money and building materials was in City Court today asking that an order of protection for two alleged victims be lifted.

The attorney for Dustin Hurlburt, 32, said Hurlburt could complete work if the order was lifted.

The District Attorney did not object to the request.

The orders were lifted.

Hurlburt is due back in court Aug. 10.

(Dan Fisher at WBTA contributed to this report.)

Property owner refuses to discuss sea gulls plaguing former Latina's location

By Howard B. Owens

Reached on his mobile phone, Tom Lewin, reportedly manager of LKLWL Properties out of Amherst, the listed owner of the former Latina's Market building at 45-47 Ellicott Street just hung up on The Batavian.

Asked what he plans to do about the sea gulls roosting on top of the apparently deteriorating former grocery store, Lewin said, "I have no comment" and terminated the call.

Lewin reportedly took the same tact when reach by Geoff Redick of WBTA earlier today.

Lewin reportedly said there are no plans to sell or develop the building. Redick reports that Lewin refused to comment on the issue.  Redick said he asked if he had a reason to disregard the public health in Batavia, Lewin reportedly called it a "loaded question" and discontinued the interview.

WBTA reports that the Business Improvement District has requested LKLWL clean up the problem, and USDA Wildlife Services have been contacted, and that the County Health Department regards the growing number of gulls as a possible public health concern.

WBTA reported that LKLWL has refused to let anybody on the roof to investigate the situation.

Ken Mislter, who owns 10 properties downtown and has in previous years helped organize the classic car show in the Court and Ellicott parking lot said the reason there is no classic car show this year is the car owners don't want to subject their rides to gull droppings.

The property is listed on the BID's website as for sale or lease. The current assessed value is $700,000.

State Street burglar ordered to pay restitution of $1,400

By Howard B. Owens

Reginald Wilson, convicted for his role in a burglary on State Street in September, must make restitution of $1,400 Judge Robert C. Noonan ruled today.

Already sentenced to 15 years in prison, Wilson was escorted into Genesee County Court by state prison guards for his 2 p.m. restitution hearing.

The elderly lady who was sleeping in her bedroom at the time of the burglary testified that she had to have the locks changed on her house, her car and replace a number of missing items.

A state victims' fund paid her $195 to help some of the costs associated with the crime, and she received more than $500 from her insurance company, but she still out about $700.

Noonan ordered that Wilson begin paying restitution immediately from his inmate fund to the victim. When she is paid off, he is to pay the state's victim fund, followed by the insurance company.

If the sum isn't paid off by the time of his term is up, Wilson is to begin making $100 monthly payments 60 days after his release.

If the other defendants -- Joseph Dash and Dillon Brito -- are ordered to pay restitution, they will share the expense until the $1,400, plus a 5-percent fee, is paid off.

Truck driver killed in fiery crash on Thruway

By Howard B. Owens

A 49-year-old truck driver from Decatur, Ala. was killed in an early morning crash on the Thruway just east of the Le Roy exit.

State Police investigators are still trying to determine the cause of the one-vehicle accident that took the life of Freddie R. Hatfield.

Hatfield was reportedly seen driving erratically before his truck veered off the roadway and into a line of trees 50 feet from the shoulder, where his truck burst into flames.

"It could have been a medical issue or he may have simply fell asleep,"  State Police Capt.  Michael Nigrelli told WBTA.

No other vehicles were involved.

Le Roy Fire responded to the scene of the 6 a.m. crash to handle the accident and the fire, which was just over the Genesee County line.

Hatfield was hauling building material from Ohio to Gates, driving for Crete Carriers of Lincoln, Neb.

Scott Doll's sister accused of harassing member of Sheriff's Office over murder investigation

By Howard B. Owens

The sister of convicted murderer Scott F. Doll is in trouble this week.

Dawn Doll, 53, of 19 Thompson Drive, Corfu, is accused of sending an unwelcome Father's Day card to a member of the Sheriff's Office involved in the investigation of the murder of Joseph Benaquist in Pembroke.

The card reportedly contained a handwritten letter that accuses the officer of making statements to Scott Doll during an interrogation that added further stress to her mother's life.

She accuses the investigator of telling Doll the night of the murder, but before the body of Benaqust was found, "I know you killed your mother and stole her van."

Dawn Doll then adds at the conclusion of the letter, according to a copy of the alleged letter in the court file, "It is you (underlined three times) who is killing my mother. May you rot in hell."

Doll was arrested by State Police at 5:22 p.m., Saturday, and charged with  aggravated harassment, 2nd, a communication that caused alarm. The Class A misdemeanor carries a maximum penalty of 1 year in jail, 3 years probation and a $1,000 fine.

The officer said in a court statement that the tone and nature of the letter did alarm him.

"The content of the letter was disturbing to me," he wrote. "The fact that a Father's Day card was sent along with the letter and receiving the envelop on Father's Day was very threatening to me and my family members."

According to a statement included by a State trooper, Dawn Doll reportedly said she wrote the letter, "because of a statement he made to my brother, Scott Doll, the night my brother was picked up. I felt that I needed to throw it back at him cause I'm watching my mom deteriorate before my eyes."

She reportedly adds, "I wanted him to know that he's the one killing my mother, not my brother, as he accused him of the night my brother was picked up."

The investigator then reportedly asks Dawn Doll, "Now that you are discussing it in person, do you feel that you have done something wrong?"

"Yes, now that we have discussed this, I feel that I'm in the wrong," Doll reportedly replied. "I should never have done it. If I could take it back, I would."

Later she reportedly says, "I did not know how serious it was. I'm not a violent person and if I could go back, I would not have gone about it this way."

Dawn Doll is scheduled to return to City Court at 1 p.m. tomorrow to answer the harassment charge.

Update: Two local men seriously hurt in weekend crashes

By Howard B. Owens

Two Genesee County men remain hospitalized in serious condition following separate accidents over the weekend.

Both men were charged with DWI.

Ace J. Morz, 42, of Corfu, was taken by Mercy Flight to ECMC on Sunday (his birthday) following an accident around 9:45 p.m. on Genesee Street, near the county line, in Darien.

Morz reportedly crossed over into oncoming traffic. He apparently tried to swerve to avoid a tractor-trailer heading west when his SUV was struck by the truck, according to Rebecca Gibbons, public information officer for the State Police in Batavia. (initial report)

The driver of the truck, George Hall, 55, of Kingsley, was not injured in the crash.

On Saturday, around 9:15 p.m., Kevin M. Hermann, 21, was reportedly driving on Route 63 when he attempted to make a left-hand turn onto Little Canada Extension. Gibbons said that the State Police investigation indicates he was driving too fast when his car went into the turn. His car traveled off the far side of the road and flipped over several times.

Hermann, of Batavia, was ejected from the vehicle.

Gibbons did not know if he was wearing a safety belt.

He is listed in guarded condition, which means he's in ICU, at Strong Memorial Hospital.

There were other passengers in the car, but the available report did not list how many or who. There were no other people reported injured.

The investigation into both accidents is ongoing and additional citations may be issued.

Corona adultery case continued to another day

By Howard B. Owens

Suzanne M. Corona, facing a rare charge of adultery, will not appear in City Court today as scheduled because her case must be heard by a different judge.

Corona has retained local attorney Brian Degnan to handle her case. Degnan is the son-in-law of Judge Robert Balbick, who was scheduled to hear cases for the 1 p.m. calendar today.

The case is being moved to June 30, when Judge Michael DelPlato is on the bench.

Degnan notified City Court of his position in the case by letter.

The 41-year-old Corona is accused, along with Justin Amend, 29, of Oakfield, of engaging in sex on a picnic table in Farrall Park when the park was filled with parents and children.

Both were charged with public lewdness, only Corona faces the additional misdemeanor charge of adultery.

Corona has denied there was actual sex going on, though has admitted to inappropriate behavior.

Her case has been picked up by media across the United States and Britain.

Corona has yet to enter a plea in court.

Minor injury accident reported at Texaco Town intersection

By Howard B. Owens

A minor injury is reported following a car and tractor-trailer accident at routes 63 and 20, Pavilion.

Pavilion Fire and Mercy EMS are responding.

UPDATE 10:41 a.m.: The vehicles are blocking traffic.

UPDATE 10:47 a.m.: The victim has a leg injury and chest pain as well as a facial laceration. The steering wheel was deformed by the impact.

UPDATE 10:53 a.m: Mercy Flight dispatched.

Bottom two photos are from a mobile phone and submitted by a reader.

Longmire's offense not enough to lift Batavia over State College

By Howard B. Owens

Nick Longmire's lead off home run at State College on Monday night might have provided a spark, but it wasn't enough to carry the Batavia Muckdogs to victory.

Batavia (2-2) dropped the game 8-7.

Longmire provided most of the offense, going 4-5 and driving in four runs. He also tripled and stole a base.

Shortstop Yunier Castillo added two hits and two RBIs.

Starter Nicholas McCully surrendered two runs on three hits in five innings. Houston Summers was charged with a blown save after giving up three runs in two innings, but because the Muckdogs regained the lead while he was still the pitcher of record, he could have picked up a win.

But reliever David Kington was also tagged with a blown save and a loss after giving up three runs on four hits in his one inning of work.

The victory was the first of the year for State College (1-3).

The Muckdogs have two more games at State College before moving on to Mahoning Valley.

John Kennedy School honors students, local businessman with awards

By Howard B. Owens

John Kennedy School held its annual awards assembly this morning and presented its first ever "Volunteer Businessman of the Year Award" to Paul Berardini, co-owner of Pauly's Pizza. Berardini was recognized for his many contributions to the school.

Students were also recognized for achievements in academics, the arts and school involvement.

Three more pictures after the jump:

Brad Paisley concert results in eight arrests, 32 citations

By Howard B. Owens

The following are arrests from Friday's Brad Paisley Concert at Darien Lake:

James P. Balcom, 34, of Schutt Court, Grand Island, is charged with disorderly conduct. Balcom is accused of fighting with security. He was jailed on $250 bail.

Matthew G. Costanzo, 27, of Fletcher Street, Tonawanda, is charged with disorderly conduct. Costanzo is accused of fighting with security. He was jailed on $150 bail.

Samuel M. Muscarella, 23, of Exchange Street, Alden, is charged with assault, 3rd. Muscarella is accused of punching another person in the face, causing a cut above his eye requiring stitches. Muscarella was jailed on $250 bail.

Dayna L. Maimone, 22, of Viking Circle, Webster, is charged with trespass. Maimone allegedly re-entered the concert venue after being ejected.

Kevin G. Manners, 39, of Crandal Ave., Kendal, is charged with harassment, 2nd. Manners allegedly hit a security guard will being ejected from the concert venue.

(Name Redacted), 20, of Patricia Lane, Cheektowaga, allegedly hit another person in the throat (charge not listed in release).

Casie Jo Clearwater, 20, of Patricia lane, Cheektowaga, charged with two counts of harassment, 2nd. Clearwater is accused of hitting two people while inside the concert venue.

Stephen P. Wagner, 19, of East River Road, Rush, is charged with criminal possession of a controlled substance.

Plus 32 people were issued citations for allegedly consuming alcohol under age 21. Names listed after the jump:

Jonathan D. Gaillard, 19, of Clover St. Pittsford
A 17-year-old of Lake Rd. Seneca Falls
A 16-year-old of Auburn Rd. Seneca Falls
A 17-year-old of Benning Rd. West Falls
Jessica L. Miklos, 20, of Boland Dr. Lackawana
Ryan L. Hall, 19, of Foss Rd. Fenwick, Ontario
Stephen P. Wagner, 19, of E. River Rd. Rush
Austin P. White, 18, of Meadow Rd. Hemlock
Brandon J. Nieswiadomy, 20, of Delmar Ave. Tonawanda
Thomas W. Wilkins, 20, of Delmar Ave Tonawanda
Taylor L. Meckley, 18, of Warrick Terr. Hamburg
Shawn M. Corts, 20, of Lincoln Rd. Macedon
Tyler B. Wild, 19, of Willowend Dr. Penfield
David F. Reagan, 19, of Parkview Dr. Rochester
Bryan J. Gorlewski-Munro, 18, of Eagles Roost Ln. Macedon
Michael D. Pulito, 19, of Dogwood Glen Rochester
James H. Sergeant, 18, of Canterbury Ln. Fairport
Timothy J. Haack, 18, of Dublin Rd. Penfield
A 17-year-old of Melbourne Green Fairport
A 17-year-old of Butz Rd. Albion
Jared F. Reynolds, 20, of Woodward Ave. Springville
Tyler J. Aina, 18, of Waterport-Carlton Rd. Albion
Steven E. Beiersdorf, 20, of Mill Rd. Lyndonville
Alyssa A. Olles, 20, of Long Bridge Rd. Albion
Stosh E. Kajfasz, 18, of Cudaback Ave. Niagara Falls
A 17-year-old of Independence Ln. Niagara Falls
Alexandria L. Walter, 19, of 9mileline Pt Penfield
Kristine A. Allen, 19, of Braunston Dr. Fairport
Jerri E. Maloney, 18, of Lillis Ln. West Seneca
Patrick M. Nascal, 18, of Mineral Springs Rd West Seneca
Laura A. Tripi, 18, of Langer Rd. West Seneca
Alexander K. Roberts, 19, of Herrick Ave Sayre, Pa.
Samantha R. Peters, 20, of River Ferry Way Rochester
A 17-year-old of of S. Shore Pl Rochester
Wesley M. Rene, 20, of Hill Creek Ln. Rochester
Gary J. Haseley Jr., 20, of Lake Rd. Webster
Patrick T. Grogan, 18, of Brookview Rd. Rochester
Ryan J. Fitzsimmons, 18, of Belmont St. Rochester

Driver blames Route 98 accident on 'daydreaming'

By Howard B. Owens

A 20-year-old driver heading north on Route 98 in Elba on Friday says he was "daydreaming" and didn't see a car stopped ahead of him. The lapse of attention led to a rear-end accident that sent one person to the hospital.

The accident at 4:49 p.m. injured 65-year-old Charlene Worthington, a passenger in the stopped vehicle.

Cited for allegedly following too closely was Daniel J. Quatro, of 3709 Riches Corners Road, Albion.

The driver of the other car was June D. Boldt, 55, of Elba.

Police Beat: Alleged theft of wallet in check out at Walmart leads to grand larceny charge

By Howard B. Owens

Lucinda Dawn Barber, 40, of 141 Tracy Ave., Batavia, is charged with grand larceny, 4th. Barber is accused of stealing another person's wallet while in a check-out line at Walmart. Barber was jailed on $10,000 bail.

Robert J. Eppolito, 27, of 41 Maple St., Batavia, is charged with endangering the welfare of a child and harrassment, 2nd. Eppolito allegedly pushed a person while that person was holding an infant. He was jailed on $1,000 bail.

Gregory Robert Lyons, 21, of Dry Bridge Road, Alexander, is charged with trespass. Lyons was allegedly operating an all-terrain vehicle on the old railroad bridge over Creek Road.

Kevin J. Compton, 48, of 9791 Clipnock Road, East Bethany, is charged with DWI. Compton was stopped at 2:10 a.m., Sunday, on Lake Street for alleged failure to use a turn signal.

Adam M. Kreutz, 21, of Byron-Holley Road, Byron, is charged with a felony count of DWI, felony driving with a BAC of .18 or greater and felony unlicensed operation. Kreutz was stopped at 2:04 a.m., Saturday, by Sgt. Greg Walker on Route 237, Stafford.

Stacey Jean Donahue, 36, of Cook Road, Byron, is charged with harassment, 2nd. Donahue is accused of striking another person in the face.

Michael S. Miller, 24, of East Eden Road, Eden, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and moving from lane unsafely. Miller was stopped at 1:05 a.m., Saturday, by Deputy Chris Parker on Route 5, Pembroke.

Thomas M. Cromey, Jr., 33, of Chili-Riga Center Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Cromey was stopped at 12:07 a.m., Saturday, by Deputy Chris Parker, on Route 237, Stafford.

Ashleigh Lynn Daniels, 22, of Kent Road, Kent, is charged with DWI, driving with a BAC of .08 or greater and speeding. Daniels was stopped at 12:36 a.m., Saturday, by Deputy James Diehl on Route 33, Pembroke.

Muckdogs out score Auburn, 10-8

By Howard B. Owens

The Batavia Muckdogs (2-1) put 10 runs on the board in Auburn on Sunday to edge out the Doubledays (1-2), 10-8.

Victor Sanchez, Patrick Biserta, Matt Valaika each contributed a pair of RBIs while outfielder Jon Edwards smacked two doubles in a three-hit performance.

Anthony Ferrera (1-0) picked up the win in five innings of scoreless relief. Starter Matthew North lasted only one-and-a-third innings, yielding six runs.

Today's Deals: South Main, Pudgie's, Enchanted Florist and more

By Howard B. Owens

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10. A great Valentine's gift!

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Get started on your spring gardening projects. We have a $25 gift certificate for $12.50.

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.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Give yourself the gift of flowers, or give to a friend. We have a $20 gift certificate for $9.50.

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 four weeks of yoga (four sessions), a $40 value, for $20.

Herbly Wonderful, 3701 Pearl St., Batavia, NY: Unique specialties for your home and garden, from floral arrangements, to heirloom vegetables, herbs, teas and spices. 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

Accident with possible entrapment reported in Corfu

By Howard B. Owens

A possible semi-truck vs. car accident has been reported in the area of 3336 Genesee St., Corfu.

There is possible entrapment.

Darien Fire is being dispatched.

UPDATE 10 p.m.: The only injury reported is a cut arm. There is a travel trailer involved. Route 33 is blocked.

UPDATE 10:04 p.m.: The entrapped driver may have numbness in the lower part of his body. Mercy Flight is being checked for availability.

UPDATE 10:09 p.m.: Mercy Flight is responding.


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Photo: Batavia Motel sign

By Howard B. Owens

I've driven past the old Batavia Motel many, many times, and I never thought of it as a photo opportunity until today.

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