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A 47-year-old Bergen man suspected of DWI died shortly after being arrested Tuesday evening, despite the best efforts of Sheriff's deputies and EMS personnel to revive him.

Richard Fox, of 7936 Swamp Road, was pronounced dead at UMMC at 7:33 p.m.

The incident started at 5:59 p.m. when Deputy Timothy Wescott was dispatched to the Fox residence after a 9-1-1 call reported that Fox had just gotten in his car while intoxicated and driven off.

When Wescott arrived at the address, he reportedly found Fox's car in the driveway and Fox was in his residence, so Wescott questioned him about the alleged drinking and driving.

Based on the interview, Wescott conducted a field sobriety test. Fox reportedly failed the test and was placed into custody.

After Fox was handcuffed and placed in a patrol vehicle, he asked to speak to his wife.

Fox is described in a Sheriff's Office press release as cooperative throughout the entire process.

After Fox finished talking with his wife, Wescott noticed that Fox had become unresponsive. About this time, Deputy Chris Parker arrived on scene.

Wescott and Parker began to administer CPR to Fox and the Bergen Volunteer Fire Department ambulance was dispatched to the location.

The medics took over resuscitation procedures and began the transport to UMMC.

Efforts to revive Fox at UMMC were unsuccessful and he was pronounced dead.

The investigation into his death is ongoing by the Sheriff's Office, Coroner Robert Yungfleisch and the Monroe County Medical Examiner's Office.

A 79-year-old Batavia woman was taken by Mercy Flight to Strong Memorial Hospital following a semi-truck vs. car accident at Jackson and Ellicott streets this evening.

The car was apparently flipped over by an 18-wheeler and it landed on its roof, narrowly missing the gas pumps at the Red Apple Kwik Fill.

The driver of the truck, Slawomir Milczek, said he never even saw the car until after he stopped to check his brake lines and saw the vehicle on its roof at the gas station.

“I didn’t see any car," Misezek said.  "I just come here, and ‘oh, my God. The car is in the gas station. What happened?’ I don’t know."

Sgt. John Peck said the initial investigation indicates the driver of the car failed to yield the right-of-way as she turned onto Ellicott from Jackson.

The car, driven by Josephine Barone of Swan Street, was caught under the wheels of the trailer, thrown into a railroad-crossing sign and flipped over onto its roof near the gas pumps.

“I don’t know what her condidtion is, but I did speak to her briefly and she was conscious and alert," Peck said. "I’m sure a lot of it is precautionary, but I don’t know the extent of her injuries.”

Mercy Flight landed in the parking lot of the Salvation Army.

Misezek was emotional and animated as he described the accident to local media (pictured above).

“Then I hear very big noise. Boom." Misezek said. "I think, my air hose is broken. And then I was a stoppen on the railway, so I can’t stop, so I move a little bit forward, OK. And then I was stoppen there. I just went from the truck and ‘what’s going on?’ I didn’t see anything around me."

LISTEN (recommended): Slawomir Milczek describe the accident (mp3).

Good turn out tonight for the community meeting on sex offenders called for by Councilwoman Rose Mary Christian and organized by Police Chief Randy Baker and members of his department.

Top photo is Det. Pat Corona explaining some of the information available to the community on sex offenders.

After his opening remarks, Det. Corona showed a video about the New York sex offender database.

And it was at that point that I had to leave rather abruptly to cover the accident at Jackson and Ellicott.

BATAVIA, NY -- Scott Doll didn't kill Joseph Benaquist. That's the defense attorney Paul Cambria said he will present at the Corfu man's murder trial starting May 3.

Cambria won't rely on expert psychological testimony to try and explain Doll's actions or statements, Cambria said at a hearing in Genesee County Court this morning.

"There is no such defense," Cambria told Judge Robert Noonan after District Attorney Lawrence Friedman asked for the results of any psychological evaluation of Doll. Cambria said no such evaluation has been done because Doll's state of mind won't be an issue in the trial.

"The defense is the defendant is not guilty. That’s the defense. We do not intend to offer any sort of psychological testimony. He didn't do it. That’s the the defense of the case."

Today's hearing was primarily to give Doll a chance to accept any plea offer before the trial date is confirmed, but Friedman hasn't made a plea offer to Doll.

"It has been the understanding from the start of this case that it had to be tried and Mr. Cambria agreed with that assessment," Friedman said.

The two attorneys, as well as Cambria's co-counsel, Daniel Killelea, discussed various issues regarding evidence in the case.

Killelea raised a concern about the prosecution's inability, so far, to narrow the time of Benaquist's death further than some time between 4:45 p.m. and 1:30 a.m. p.m., Feb. 16-17, 2009 (the prosecution puts the time of attack at between 4:45 p.m. and 8:45 p.m.).

"Obviously, a more narrow time is important to us as we prepare our defense, and at trial, to effectively represent Mr. Doll," Killelea said.

Judge Noonan said he couldn't really order the prosecution to name a more particular  time if Friedman doesn't have the evidence to draw that conclusion.

Outside of court, Cambria said the Sheriff's Office and District Attorney reached a hasty conclusion that Doll killed the 66-year-old Benaquist, who was found bludgeoned to death in the driveway of his Pembroke home. Cambria said they concluded Doll was the killer even before all of the forensic evidence was gathered.

"They rushed to judgement here," Cambria said. "In two days they had an indictment. We’re getting reports now (from the forensics lab). We just got one last week. And here they are rushing to judgment two days after it’s over. As far as we’re concerned, they have their opinion and when they get to court and they get crossed examined and we put in our evidence, then the jury will make a determination."

Sheriff's Office investigators say Doll was found covered with blood wandering on the east side of North Lake Road. 

The trial is expected to last three weeks.

For previous coverage, click here.

Photos: Cambria, back left, Killelea, and Doll exit the court house. Inset: Paul Cambria talks with the media.

It started out as a simple shoplifting accusation against a 16-year-old girl in Le Roy and wound up leading to a series of arrests including charges of assault, underage drinking and stealing.

The initial complaint came in on Feb. 27, when Le Roy Police were called to a local business that alleged a 16-year-old Village girl had stolen items and when confronted by management, the girl fought with them causing injury.

The girl was charged with petit larceny and assault, 3rd. She was jailed on an unspecified amount of bail.

During the investigation, police found two people under age 21 in possession of alcohol. Charged with unlawful possession of alcohol were Kenneth Michael Gray, 18, of 77 Myrtle St., Le Roy, and Nicholas A. Thurley, 19, of 61 Myrtle St., Apt. A-7, Le Roy.

Another person, Alan J. Delano, 19, of 556 Peck Road, Spencerport, was arrested on a warrant out of Monroe County. He allegedly gave a false name to police. He was charged with one count of criminal impersonation, 2nd.

Delano was jailed, but posted bail and was released from Genesee County custody and immediately picked up by Monroe County on the outstanding warrant.

Detective John Condidorio then determined that a coat containing a wallet and three credit cards found inside of a car was stolen from a house in Brockport. On Sunday, Condidorio relocated Delano and he was charged with three counts of criminal possession of stolen property, 4th. He was jailed on $2,500 bail.

John P. Richter, 57, of East Amherst, is charged with DWI, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia (scales) and unlawful possession of marijuana. Richter was stopped by state police on Route 77 in Alabama at 2:35 a.m., Monday. No further details were released.

Kyler S. Hapeman, 19, of 306 Caroline St., Albion, is charged with unlawful possession of marijuana. Hapeman was allegedly found in possession of marijuana during a traffic stop by Deputy Kevin McCarthy at 7:16 p.m., Monday, on Knowlesville Road in Alabama.

Linda M. Clemens, 49, of Batavia, is charged with criminal mischief and harassment, 2nd. Clemens was arrested by state police at 11 Mix Place, Batavia, at 7:30 p.m, Sunday in connection with an alleged incident in Stafford. No further details were released.

Accidents from the state police blotter:

8:35 a.m., Sunday, Thruway, Le Roy, mile marker 379.6, one vehicle; Driver 1: Patrick D. McCarthy, 41, of Stratford. No injuries reported.

(Updated 8:17 a.m., Tuesday)

Charles Zambito -- currently the county legislator serving District 2 (Elba, Byron and Bergen) -- would very much like to be the new county attorney.

With the retirement of John Rizzo this month, Zambito has let his fellow legislators -- who will pick the new county attorney -- know that he would like the job.

"It’s something that I had my eye on if there was an opening, but who knew if there would be an opening?" Zambito said Monday afternoon. "This is the opportunity and I’m interested."

Inarguably, the Elba resident is qualified. He's clerked for two local judges, worked as a public defender in Monroe County and spent 11 years in the local district attorney's office. He's also got decades of experience in insurance liability and litigation, not to mention the more than eight years he's served as a county legislator.

"Obviously, my experience with the county legislature got me interested in it, but it’s the kind of job that sort of fits with what I’ve been doing for the past almost 30 years," Zambito said.

The legislature will meet in closed session on Wednesday morning to discuss the county attorney position. Zambito's application for the job is likely to be considered. The topic is also on the Ways and Means Committee agenda for Wednesday afternoon.

County Legislature Chairwoman Mary Pat Hancock said since the legislature has not yet discussed the issue as a group, she couldn't say how Zambito's application will be received, but she said Zambito certainly seems qualified for the job.

"He has the experience," she said. "He's a good attorney and he has experience in insurance and risk management."

She added that his experience as a county legislator also helps.

In talking with Chuck on Monday afternoon, he clearly has an enthusiasm for the job and is hoping that the other legislators will support his application. He isn't applying for the job just because it seems like the thing to do -- he sees it as the right thing for him to do at this point in his career.

"I think I can fit in fairly well," Zambito said. "John’s been there a long time – over 30 years – I don’t know that anybody can just step in and replace him, but I think I can probably do as good a job as anybody with my background."

A new eight-bay hangar at the Genesee County Airport, with a price tag of about $600,000, received an initial OK from the Public Services Committee this afternoon.

In three resolutions -- one for construction of a required taxiway apron, another for a consultation agreement, and one for creation of a capitol project budget -- the legislative committee put in motion an effort to increase the amount of hangar space for airplanes at the facility.

Tim Hens, county highway superintendent, said the hangars will generate $30,000 in revenue.

"We already have a waiting list," Hens said. "The last set we built, we filled before they were even completed. The hangars will have an 11-year payback."

The committee voted unanimously to award the contract for apron construction -- at $359,704 -- to Stafford's A.D. Call & Sons. Hens noted it's been a long time since a local contractor won a bid with the county of this significance.

The FCC provides the grant money for construction of the apron, which is required to get the grant money to proceed with the design of the hangars.

C&S Companies out of Syracuse was awarded the design contract.

Once the design is completed, the actual construction of the hangars will go out to bid.

Sales-tax revenue has already been set aside to pay for the anticipated $600,000 construction cost, according to County Manager Jay Gsell.

On the same committee agenda today, the committee approved purchase of two new vehicles for the highway department. The winning bidder is Van Bortel Ford in Pittsford. Some committee members expressed an interest in awarding the contract to Le Roy Motors, which offered a bid only $300 higher than Von Brotel. Gsell cautioned the committee that state law prohibits "local preference" in awarding contracts.

Charles Daniel Bucci, 34, of 22219 Judge Road, Oakfield, is charged with criminal trespass, 2nd, and criminal mischief. Bucci is accused of kicking in the basement door of his ex-girlfriend's house, breaking the glass in the process. He was reportedly found at 2:49 a.m., Saturday, sleeping in the basement.

Sara Jo Likus, 24, of School Street, East Pembroke, is charged with endangering the welfare of a child and criminal trespass. Likus is accused of entering a residence in Le Roy without permission on Wednesday evening and getting in a fight with a woman at that residence. A 5-year-old child was home at the time.

Malik I. Ayala, 18, of 44 Walnut St., Batavia, is charged with robbery, 2nd, petit larceny and endangering the welfare of a child. Ayala is accused of stealing an MP3 player from a 15-year-old youth in the parking lot of MacArthur Park. Another suspect has been identified and is being sought by police. Ayala was jailed without bail.

Amy Lynn Showler, 34, of 9 Pearl St., lower, Batavia, is charged with petit larceny. Showler is accused of shoplifting from Kmart.

Wendelyn Leigh Ruiz, 48, of 177 Menard Drive, Rochester, is charged with DWI and reckless driving. After receiving a report of a vehicle operating erratically and forcing oncoming vehicles on to the shoulder on Route 33 in the Town of Batavia, Sgt. Thomas Sanfratello made contact with a vehicle allegedly driven by Ruiz. Upon investigation, Sgt. Sanfratello concluded that Ruiz was allegedly operating under the influence of prescription drugs.

Adam A. Fusco, 28, of 3613 Retsof Road, Retsof, is charged with DWI, driving with a BAC of .08 or greater and speeding. Fusco was reportedly stopped by Deputy Patrick Reeves at 9:58 p.m., Friday, in the area of 675 Main Road, Pembroke.

Kurt Walter Guhman, 37, of 6213 Route 5, Stafford, is charged with criminal mischief, 4th. Guhman is accused of taking his wife's mobile phone during a domestic dispute, preventing her from making a call for help. Guhman was arrested at 8:15 p.m., Friday. He was jailed on $500.

William Holtz McGorray, 44, of 237 Wright Road, Alabama, is charged with DWI, driving with a BAC of .08, and unsafe turn/failure to signal. McGorray was reportedly stopped by Deputy Jason Saile on Wright Road 2:44 a.m., Friday.

Joseph Nicholas Striegel, 19, of 509 Main Road, Pembroke, is charged with unlawful dealing with a child. Striegel is accused of hosting an underage drinking party. He was arrested at 1:14 a.m., Sunday.

Matthew Scott Williams, 22, of 5012 Hundredmark Road, Elba, is charged with grand larceny, 4th. Williams is accused of stealing a shotgun.

Matthew Legler, 20, of 736 Paul Road, Chili, is charged with grand larceny, 4th. Legler is accused of stealing a shotgun.

Andrew Steven Novak, 47, 7235 Telephone Road, Le Roy, is charged with DWI as a felony and driving with a BAC of .08 or greater as a felony. Novak was reportedly involved in a car accident on Linwood Road, Le Roy, at 5:58 p.m., Sunday. Novak was also issued tickets for alleged failure to keep right and moving from lane unsafely.

Jason M. Wolf, 46, of 8770 Wenner Road, Williamsville, is charged with DWI, driving with a BAC of .08 or greater, speeding and passing in a no-passing zone. Wolf was stopped by Deputy Patrick Reeves at 6:30 p.m., Sunday, on West Main Street Road, Pembroke, after the Sheriff's Office received a complaint of an erratic driver on Route 5, who was allegedly driving at a high rate of speed and passing other cars illegally.

Karri A. Kunst, 36, of 43 Ballantyne Road, Rochester, is charged with DWI, aggravated DWI, operating with a BAC of .08 or greater. Kunst was stopped at the intersection of Clinton Street and East Main Street in Batavia by Officer Matthew W. Baldwin after the dispatch center received a report of an erratic driver on Clinton Street Road, Town of Batavia.

Steen L. Bordonaro, 43, of 30 Woodcrest Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater, possession of an open alcoholic beverage in a vehicle and unlawful possession of marijuana. Bordonaro was stopped by Officer Frank Klimjack, who was following up on a report of a subject getting involved in a fight at a bar in Oakfield and driving to the city. Klimjack reportedly stopped Bordonaro's vehicle on Lewiston Road in the City of Batavia. Bordonaro was arrested at 12:24 a.m., Sunday.

James N. Lauricella, 23, of Le Roy, is charged with unlawful possession of marijuana, equipment violation and a license plate violation. Lauricella was arrested by state police at 7:30 p.m., Saturday.

Scott B. Humel, 23, of Pembroke, is charged with disorderly conduct (creating a hazardous condition). Humel was arrested by state police at 12:49 a.m., Sunday. No further details available.

Accidents reported on the state police blotter:

8:41 p.m., Saturday, at Park Road, Batavia, two vehicles; Driver 1: Not identified (apparent hit-and-run); Driver 2: Margaret V. Janus, 39, of Albion. One injury reported.

5:36 p.m., March 12, parking lot of 48 Deli Express, Town of Batavia, two vehicles; Driver 1: Mark J. Geitner, 40, of Attica; Driver 2: Marsha K. Barton, 71, of Batavia. No injuries reported.

A little late in the month, but here's the top 10 most viewed posts for February:

• 'Farm Death Bill' to get Senate ag committee hearing
• Landlord who was denied auction property defends his record
• Wheelchair-bound woman dies in State Street fire
• Today's Poll: Is Fox News 'Fair and Balanced'?
• Wanted by the Sheriff's Office: Christopher A. Laird
• Today's Poll: Should the city prevent some landlords from buying foreclosed properties?
• Assemblyman Hawley deems delay of state tax refunds 'unacceptable', by Billie Owens
• Council's auction vote got the attention of landlords, but not necessarily in a good way
• Officials: State Street fire victim involved in previous smoking-related fires
• Council passes $21 million budget, with tax increase, on 7-2 vote

Speaking of supporting locally owned businesses, here's an updated list of the local and regional businesses that support The Batavian.

Without these local sponsors, Billie and I wouldn't be able to bring you the news of Batavia and Genesee County. Please make it a point to patronize these businesses, and let the business owners know you do so because you saw their name on The Batavian.

When you spend your money in local businesses, your dollar goes farther because more of it stays in the community to provide local jobs and support local charities. Make shopping local your first choice.

3 D Wine & Spirits
Adam Miller Toy and Bicycle
Affordable Floor Covering
Alberty Drug Store
Alex's Place
American Home Remodeling
Anglican Community Church
Baker's Frontier Kitchens
Barrett's Batavia Marine and Sporting Supplies
Batavia Downs Casino
Blue Pearl Yoga
Bonarigo & McCutcheon
Bontrager's Auction
Bontrager's Real Estate
Carlson's Studio
Cedar St. Sales and Rentals
Center Street Smokehouse
Charles Men's Shop
Classic Home Improvements
The Color Salon
Country Cottage
Crazy Cheap Cars
D&R Depot Restaurant
Delavan's Restaurant and Tavern
Dog Grooming
The Enchanted Florist
Fastec Automotive
Genesee Dental Group
Glitz and Glamour
Great Kutz
Hair Studio 25
H.E. Turner & Co.
Holland Land Office Museum
House of K
The Insurance Center
Jackson St. Grill/Belladessa's
John's Service Station
Ken Barrett
KleenAll
L.C. Mosman
Lamb Family Medicine
Lawley Genesee
Lewis and Lewis
Main St. Pizza Company
The Mane Attraction
Margarita's 
Mark Lewis Agency
Matteo & Mullen, CPA
Matty's Pizzeria
Max Pies
Movies in Motion
Neptune's Garden
Next Level Fitness
O'Lacy's Irish Pub
Oliver's Candies
Optique
Pauly's Pizza
Pellegrino Auto Sales
Present Tense Books
Pudgie's Lawn and Garden Center
Roxy's Music Store
Sallome's Italian Deli
Select Collision
Settler's
Sloat Tire
Small World Realty
South Main Country Store
St. Joseph's School
St. Paul's Pre-School
Southside Deli
T.F. Brown's
Valle Jewelers
WNY Fireplace Outlet
Wortzman Furniture

The National Weather Service has issued a flood warning for Tonawanda Creek, but it sounds like the only severely high water will be in Erie County.

None of the roads listed that may flood -- Fletcher, Burdick, Kirby and Tonawanda Creek -- are in Genesee County.

The creek is expected to crest at 12.8 by Monday evening, and 12 feet is considered flood stage. The NWS issued gave no indication for high creek levels in Batavia and Genesee County.

The creek is running high, though.

The anticipated rainfall in Genesee County over the next 24 hours is expected to be less than an inch.

Photo: Tonawanda Creek off of Walnut Street in Batavia.

Billie and I were honored to be guests of the Stafford Fire Department last night at their annual awards dinner and casino night.

Above are the big award winners: Chris Scopano, firefighter of the year; Jeff Plaisted, most call responses; Megan Rumsey, most firematic training hours and most EMS training hours; Brian Breemes, total training hours (firematic and EMS) and most EMS training hours; and, Paul Hendel, chief's award.

More pictures from the evening after the jump:

Batavia boys and Elba girls, each played close games on Saturday, but Batavia will advance to the next round of the state tournament while Elba's impressive season comes to a close.

The Blue Devils (20-3) locked in a 40-38 victory over Olean at Buffalo State when Andrew Hoy sunk two free throws with 32 seconds left to play. A desperation 3-point try by Ryan Carney for Olean (20-3) came up short.

Later Saturday at Gates-Chili, Elba fell to Clymer, 39-36.

Elba finishes the season with a 22-1 record.

McKenzie Bezon led the Lancers with 9 points.

Saturday, Andrew Hoy knocked down 14 points and Josh Budlong added 10. Coco Irvin and Justin Washington each had 8.

Batavia's next game is in Glens Falls at 8:30 p.m., Friday against Section III champion Westville (20-2). If the Blue Devils beat Westville, the state championship for Class B will be played at 9 p.m., Saturday in Glens Falls.

Indian Falls and Pembroke Fire are responding to the report of a wire down in the area of 1448 Indian Falls Road.

It has caused, reportedly, a very small grass fire.

A flood watch has been issued for the region by the National Weather Service.

The watch is effect through Sunday afternoon.

The forecast calls for an inch of rain over the next 48 hours. The rain combined with snow melt has increased the chance of water levels in creeks and streams rising to bank levels.

The weather service encourages residents to monitor media outlets for any changes in flood conditions, including possibly raising the alert level to "warning."

People in areas prone to flooding should prepare to take appropriate actions.

Photo: Tonawanda Creek behind the Genesee County Court House this afternoon.

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.

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.

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.

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.

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.

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