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Law and Order: Two drivers accused of driving while impaired

By Howard B. Owens

Cory Bernard Buckenmeyer, 32, of Alexander Road, Alexander, is charged with DWI, driving with a BAC of .18 or greater, unreasonable speed, driving left of pavement marks, and driving while using a mobile phone. Buckenmeyer was reportedly involved in a motor vehicle accident on Jan. 20 at 10:01 p.m. on Creek Road, Bethany.  The incident was investigated by Deputy Zachary Hoy and Deputy Nicholas Chamoun. Buckenmeyer was released on an appearance ticket.

Michele Louise Difalco, 34, of Maple Street Road, Alabama, is charged with driving while ability impaired by drugs, moving from lane unsafely, and leaving the scene of a property damage accident. Difalco is accused of being involved in a property damage accident while on drugs on Nov. 11 at 11:08 p.m. on Judge Road in Alabama.  The incident was investigated by Deputy James Stack and Deputy Austin Heberlein. Difalco was released on an appearance ticket.

Ronald Charles Inzinna, 54, of East Main Road, Le Roy, is charged with criminal contempt 2nd. Inzinna is accused of violating a stay-away order of protection at 4 p.m. on Jan. 19 in the Town of Le Roy. He was issued an appearance ticket.

Members of SnoPackers recognized by governor for life-saving efforts during Winter Storm Elliott

By Howard B. Owens

Nathan Fix and Tony Johnston of Genesee SnoPackers were among dozens of people recognized for their efforts to save lives during Winter Storm Elliott today in a ceremony in Buffalo.

Many of those recognized received certificates.  Fix and Johnston received from Gov. Kathy Hochul The Governor's Medal of Public Service.

He said he and Johnston have been volunteer firefighters for a long time so going out and helping people is just what they do.  Still, he said. "It's a great honor, and it reflects well on Genesee Snopackers."

Fix and Johnston, along with Deputy Kevin McCarthy, who rode with them in the Snopackers groomer and received a certificate of recognition, spent 17 hours in Oakfield and Alabama, making their way through heavy wind and snow on snow-covered roads, rescuing people from stranded vehicles.

Submitted photo. Nate Fix, vice president Genesee SnoPackers, Tony Johnston, SnoPackers, Deputy Kevin McCarthy, Emergency Management Coordinator Tim Yager, Deputy Coordinator Gary Patnode, Oakfield Fire Chief Sean Downing, Chad Williams, assistant fire chief, County Legislator Marianne Clattenburg.

Basketball Roundup: Notre Dame beats Williamson, Batavia beats Odyessy

By Howard B. Owens

Notre Dame improved to 11-1 on the season in Girls Basketball on Saturday with a 58-24 win over Williamson.

Amelia McCulley scored 26 points and had eight rebounds and six steals.

Emma Sisson scored 11 points. Sisson had six assists. Avelin Tomidy scored nine points and grabbed 11 rebounds.  She had four steals.

Also, in Girls Basketball on Friday:

  • Avon beat Le Roy, 43-39. Lindsey Steffenilla scored 14 points and had eight rebounds. Corina Dunn scored 13 points.
  • Pavilion beat Keshequa, 59-49. Karlee Zinkievich scored 24 points and had five assists. Lauren Kingsley scored 21 points and had 14 rebounds. Kyle Conway scored 12 points.

Also, in Boys Basketball on Friday

  • Batavia beat Odyessy, 69-44 to improve to 10-2. Carter McFollins scored 25 points. Sawyer Siverling scored 11 points. Mikey McKenzie scored 10 points. Estavon Lovett scored eight points. (Batavia also played a game on Saturday and those results are not yet available).
  • Perry beat Alexander 40-45. 
  • Oakfield-Alabama beat Byron-Bergen, 67-63. 
  • Elba beat Holley, 74-45. 
  • Notre Dame beat Attica, 81-65

UPDATE: Batavia beat East Aurora on Saturday, 53-53. Carter McFollins and Rasheed Christie each scored 12 points. Sawyer Siverling scored 10 and Mikey McKenzie scored nine.

Man who admitted to rape in Darien sentenced to four years while in federal prison on 13-year term

By Howard B. Owens
Nicholas Turnquist
2020 File Photo

Two weeks after accepting a plea offer on a rape charge, an Erie County man already serving 13 years in federal prison on related charges was sentenced in County Court today to four years in prison.

The sentence for Nicholas Turnquist, 37, will run concurrent to his federal term as well as a related four-year term out of Erie County.

Neither Assistant District Attorney Will Zickl nor the defense attorney, Joseph Lobosco, made any argument regarding a potential sentence before Judge Melissa Lightcap Cianfrini issued her ruling.

Turnquist didn't make a statement in court and the victim in the case declined to make a statement because she's spoken at previous hearings about the impact of Turnquist's crimes on her life.

A decade ago, Turnquist, who most recently lived in West Falls, reportedly engaged in sexual activity with a minor in multiple jurisdictions, including Genesee County, Wyoming County, Erie County, Pennsylvania and Canada.

He was indicted by a grand jury on counts of rape in the third degree, a Class E felony, and sexual abuse in the first degree, a Class D violent felony, in connection with a crime in Darien on Aug. 23, 2014.  He was arrested locally in 2020 following an investigation by Howard Carlson of the Genesee County Sheriff's Office.

The only real discussion in court today was about a request by Turnquist that Cianfrini order the Sheriff's Office to hold him in Genesee County, instead of returning him to Alleghany County until he's returned to custody in Buffalo. 

Lobosco said his client told him that he's taking several medications. When he gets transferred from one jail or prison facility to another, the administration of his medication gets disrupted, and he wants to keep taking his medication. Cianfrini said she didn't have the authority to order the Sheriff or the U.S. Marshalls on transportation and housing, but she said it was her understanding that the Marshalls were going to pick Turnquist up in Genesee County to return him to federal custody.

Woman accused in dog OD case goes to courthouse, leaves before case is called, warrant issued

By Howard B. Owens
Cassandra Elmore

For the second-straight scheduled court appearance, and the fourth time since her arrest, Cassandra Elmore was a no-show in City Court on Friday afternoon.

Meanwhile, the dog she is accused of allowing to overdose on narcotics, Oddey, remains confined to the Genesee County Animal Shelter, where it has been held since June.

The 30-year-old Batavia woman did make her way to the courthouse building today but disappeared shortly after speaking with her defense attorney, Assistant Public Defender Jamie B. Welch.

A warrant will be issued for her arrest at 2 p.m. on Monday if she doesn't appear in court before then.

A similar warrant -- with a 48-hour stay -- was issued after she failed to appear on Dec. 16. There was never a press release about her arrest on the warrant, but her name did appear on the court calendar for today's appearance.

Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey, a French Bulldog, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Elmore has promised that once her legal case is resolved, we will get "the real case."

A hearing on motions in the case was scheduled at her last appearance.  

Legally, Elmore still owns Oddey, and the animal shelter must care for it without putting it up for adoption unless she signs over custody of the dog to the county or the case is resolved in a manner that permits her to again take possession of the dog.

Since her initial arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Previously:

Local farmer says NYS making it harder to grow crops, and solar is better deal for low-yield land

By Howard B. Owens

Farmers aren't converting profitable cropland into solar farms, said Tim Call, a Batavia businessman and farmer, after the Batavia Planning Board heard a proposal from New Leaf Energy to install a 5-megawatt project on 20 acres he owns at 7757 Oak Orchard Road.

There's good money to be made off of good land, according to Call, but it's become harder to turn a profit on low-yield land.

New York's new labor laws have a lot to do with turning marginal land into unprofitable land.

"Farmers are getting so good at producing on good acreage," Call said. "You don't need all the acreage that's there. The bad ground is not going to produce a lot of good things. It's just like the dairy farmers. If they have cows that are producing 40,000 pounds of milk a year, and they have one that's producing 10,000 pounds, why are you going to keep feeding those 10,000 pounds? You cull that one and get ones that are going to produce the most and give you the best return. You can't afford to farm bad farmland. It's just not profitable."

The state's increase in minimum wage and new overtime rules for farmworkers are causing farmers to re-evaluate what land they keep in production and what crops they grow, Call said. Out are low-yield acreage and crops that are labor intensive, such as cabbage, and other vegetables. Corn, wheat, and soybeans are favored because those crops don't need to be weeded or picked by hand.  The harvest can be fully mechanized. 

Last year, New York adjusted the overtime threshold for farmworkers to 40 hours per week. That's made it harder to hire workers who can migrate to other states with more worker-friendly laws, Call said.

"The overtime rule is really crippling everybody," Call said. "Plus the minimum wage that's out there. When we're trying to compete against other states where the minimum wage is $7, $8 and our minimum wage is $14.20, almost double, and then you can't get the farm or the migrants to come in and work because they can't get the hours that they want. It's just crippling. How do you compete?"

The proposed solar farm came before the board on Tuesday so the board could appoint itself lead agency for the environmental review, which it did.  The board will later be asked to vote on a proposed special use permit for the project.

This new solar installation will go on an 85.5-acre parcel that is just south of Daws Corners, which already contains a 15-acre solar farm on the back portion, along with some wetlands left undisturbed by either project. The two projects will cover 39.6 percent of the parcel, which is below the allowable 50 percent threshold.

New Leaf will plant about 153 trees to help visually screen the array.

The topsoil from the project area will be stored in a berm along the front of the property, which will make it available to redistribute on the parcel once the solar array is decommissioned.  The land could potentially, then, become farmland again.

Call noted during an interview with The Batavian that a solar installation doesn't permanently take the acreage out of agricultural use.

"The thing is, if it doesn't work out, you take the panels off, you pull it out of the ground, you pull the wire up, and you go back to farming," Call said. "You can't do that with some of these other things that they're doing. This isn't blacktop. It's not concrete, you know. You don't have a 40-by-40 pad that's 10 feet down in the ground. You can go back to farming."

Photo: Will Nieves, project developer for New Leaf Energy, and Mark Kenward, project engineer with Erdman Anthony, make a presentation for a solar project on behalf of property owner Tim Call, in the background. Photo by Howard Owens.

Winter weather advisory issued for Thursday

By Howard B. Owens

A winter weather advisory has been issued for 4 a.m. to 3 p.m. Thursday.

Mixed precipitation is expected with total ice accumulation of one-tenth of an inch.

Total snow and sleet accumulations of less than an inch is expected.

A mix of freezing rain, sleet, and snow will spread from southwest to northeast through early Thursday
afternoon. Mixed precipitation will change over to all rain Thursday afternoon.

Use caution and expect slippery road conditions. 

Elba Girls defeat Pembroke on the road 63-41 to win two straight

By Howard B. Owens

Behind another big game for Sydney Reilly, who scored 28 points, Elba picked up its second straight win in Girls Basketball, beating Pembroke 63-41.

Reilly had six rebounds and four assists.

Haile Scouten scored 13 points and six rebounds along with five blocked shots.

Lydia Ross scored nine and had six steals.

Kennedy Augello scored eight points, had five rebounds, and four assists.

Isabel Breeden scored 20 points for Pembroke. Ellie Peterson scored six points.

 “The girls are really starting to buy into our defensive end of the floor, which helps our offense," said Elba's coach, Charlie Pangrazio. "Early in the season, we got a little lackadaisical on that.  These last two games tonight and versus Kendall, we really brought that together, our defense has really taken off."

Elba is now 4-7, and after its fourth-straight loss, Pembroke is 4-9.

Also, in Girls Basketball on Tuesday:

  • Notre Dame beat Kendall, 59-15. Amelia McCulley scored 33 points, 11 rebounds and six steals. Avelin Tomidy scored 10 points, and Emma Sisson scored seven and had 11 steals. The Irish are now 10-1 on the season.
  • Alexander improved to 10-4 with a 36-26 win over Byron-Bergen. For the Trojans, Alyssa Kramer scored 17 points.
  • Oakfield-Alabama beat Batavia, 44-27. O-A is 11-1.  Batavia is 0-12.

In Boys Basketball:

  • Batavia beat Livonia, 64-48. Carter McFollins scored 20 points, Sawyer Siverling, 16, and Mikey McKenzie, 10. Siverling hit four three-point buckets. The Blue Devils are 9-2.
  • Le Roy beat Pavilion, 66-36.  Merritt Holly, Jr. scored 20 points.

To view or purchase photos, click here.

Photos by Steve Ognibene

Truck off the Road on Route 19 in Le Roy.

By Howard B. Owens

A tractor-trailer is reportedly off the road at Route 19 and Vallance Road in Le Roy.

The caller reported that the tractor-trailer ran a stop sign. She didn't stop. "She doesn't know if he had a medical issue or not." 

Unknown injuries.

The trailer is still partially in the roadway.

Le Roy Fire and Le Roy Ambulance dispatched.

UPDATE 9:55 a.m.: Law enforcement is handling the call. Le Roy Fire and Le Roy Ambulance are back in service.

UPDATE 10:24 a.m.: A second accident is reported at the location. State Police on scene. Airbag deployment. No injuries. Requesting evaluation. Le Roy Fire and Le Roy Ambulance dispatched.

Accident reported on Route 77 in Darien

By Howard B. Owens

A two-car accident is reported in the area of 11064 Alleghany Road, Darien.

Unknown injuries.

Darien Fire and ambulance dispatched.

UPDATE 5:11 p.m.: Mercy EMS requested to the scene.  No word on injuries yet.

UPDATE 5:16 p.m.: Southbound lane is blocked.

UPDATE 5:19 p.m.: Two vehicles, one occupant in each.  Both are saying no injuries. They are likely "sign-offs."

Deputy cleared in fatal motorcycle crash in Stafford after chase in July

By Howard B. Owens

A State Police investigation into a fatal motorcycle accident, following a high-speed pursuit by a sheriff's deputy in Batavia and Stafford, cleared the deputy of any fault in the incident, according to a report obtained by The Batavian through a Freedom of Information Law request.

Nicholas L. Keiffer, 26, of West Center Street, Medina, lost control of his 2001 Kawasaki Ninja on July 6 on Route 63 as he entered a curve in the roadway just north of Fargo Road after fleeing an attempted traffic stop by Deputy Zachary Hoy.

The state's Executive Law requires the Office of Attorney General (OAG) to open an investigation when a person's death may have been caused by a police officer. Based on findings by the State Police, the OAG informed District Attorney Kevin Finnell on Aug. 2 that the evidence indicated the OGA had no statutory authority to open a criminal investigation into the conduct of the deputy.

In other words, the OAG informed the county that there is no evidence of misconduct in the incident by the deputy.

Investigator Thomas K. Rzepecki, of the Troop A Collision Reconstruction Unit, completed an accident reconstruction report for the State Police, and he concluded that Keiffer was at fault in the accident. 

"The primary contributing factor to this collision, as it relates to the analysis of the evidence, was the failure of the operator of Vehicle 1, Nicholas L. Keiffer, to remain within his appropriate lane of travel," he wrote in the report. "The high speed at which Mr. Keiffer entered the right-hand curve prior to the intersection contributed to his failure to keep right, and also to the severity of the injuries sustained in the collision. An additional factor to consider is Mr. Keiffer's failure to comply with Deputy Hoy's attempt to affect a traffic stop on SR 5."

He also states, "Roadway defects, environmental conditions, and vehicular defects have all been considered and ruled out as contributing to the cause of the collision."

Investigator Eric Daigler officially closed the investigation based on the findings on Dec. 22.

150 mph
The incident began shortly before 6:50 p.m. on July 6. Hoy was running radar in the parking lot of A-1 Self Storage, 5658 Main St, Stafford, when he observed a motorcycle passing another vehicle on westbound Route 5.  The radar indicated the motorcycle was traveling at 150 mph.

Hoy entered the lane of traffic and activated his emergency lights.

The motorcycle initially pulled over as if stopping for the officer near the Department of Transportation facility at 5441 Main St., Stafford. As Hoy pulled in behind the motorcycle, the driver fled.

Radio transmissions acquired by Daigler from the Sheriff's Office, indicate that Hoy informed dispatchers at 6:50 p.m. that the motorcycle was fleeing. Hoy activated his lights and siren and began a pursuit.

The motorcycle turned left on Batavia-Stafford Townline Road.

Data, obtained by Daigler, recorded on the patrol vehicle's computer system, indicate the top speed of Hoy's vehicle while on Batavia-Stafford Townline Road was 104 mph. 

A resident's Ring camera captured the motorcycle passing that location (the address is redacted in the report) at a high rate of speed and then recorded Hoy's vehicle passing with lights and sirens 18 seconds later.

Hoy observed the motorcycle turn left onto Route 63. Vehicle data indicate Hoy's vehicle turned left 20 seconds later. Hoy's top speed on Route 63 was 120 mph.

Near Route 63 and Mayne Road, at 6:52 p.m., Hoy informed dispatchers he had lost sight of the motorcycle and was discontinuing the pursuit.

He deactivated his lights and siren and slowed his speed, and continued southbound. 

At 63 and Fargo, Hoy told Senior Investigator Brian Howard during an interview on July 11, that he spotted a small dust cloud along the roadway and thought perhaps the rider had crossed into the shoulder while negotiating the turn.  

His speed at that intersection was 53 mph. 

Hoy continued into the hamlet of East Bethany at 30 mph, where he turned around.

When he again reached 63 and Fargo at 6:55 p.m., with a northbound vantage point on the intersection, he spotted Keiffer's motorcycle on its side in a field behind a hedge row.

According to scanner traffic at the time of the incident, a person at the scene -- likely Hoy -- attempted CPR on Keiffer.  Keiffer would later be pronounced dead at the scene by a county coroner. 

Among the first Sheriff's Officer personnel on scene was Investigator Ryan Delong. He photographed the scene. Those photographers were later turned over to State Police.  DeLong also told State Police that the NYS Office of the Attorney General was advised of the accident. Detectives from the OAG's Office of Special Investigations responded to the scene.

Soon after the accident, Sheriff William Sheron requested the State Police conduct the investigation because the incident involved one of his deputies.

Evidence
Rzepecki described the intersection in his report. 

Route 63 contains a dip in the roadway followed by a right-hand curve with an uphill grade, according to the report. There is a yellow advisory sign about 500 feet ahead of the curve that recommends vehicles slow to 45 mph.  The posted speed limit is 55 mph.

Evidence at the scene consisted of tire marks, furrows, an impacted signpost, vehicle debris, pavement scrapes and gouges, and disturbed vegetation. 

Rzepecki stated that tire marks were found on the east shoulder of Route 63 and continued southeast across the shoulder into a grassy area north of the intersection, where it transitioned into a series of furrows.  Investigators determined it was at that point that the motorcycle overturned and struck a signpost.

Vehicle debris and grass fanned out southeast of the impact point across Fargo Road and led to a series of pavement scrapes and gouges.  There was vehicle fluid and tire marks within the northbound lane and east shoulder of Fargo Road and disturbed vegetation and vehicle debris that led to the location of the motorcycle.

Rzepecki wrote, "The observed evidence indicates that Vehicle 1 was traveling southeast on SR 63. It crossed the center line and exited the east shoulder of the roadway, overturned, struck a signpost, and became airborne across the southbound lane of Fargo Road. Vehicle 1 landed within the northbound lane and east shoulder of Fargo Road, continued southeast down an embankment, and came to an uncontrolled final rest in the field east of the roadway."

The driver was ejected and sustained fatal injuries, Rzepecki reported.

Hoy's patrol vehicle was undamaged, and Rzepecki said there was no evidence of contact between the patrol vehicle and the motorcycle.

Based on an investigator's calculations, the maximum speed a vehicle can negotiate the curve is 91 mph.  Based on calculations using evidence at the scene, Keiffer's Kawasaki was traveling at between 87 and 92 mph just before it came to the curve. That calculation does not include the possibility of any breaking by Keiffer just prior to that point.  At the point the bike became airborne, after it left the pavement, it was likely traveling at 77 mph, according to the report.

Daigler obtained Keiffer's mobile phone. Keiffer's mother signed a consent form allowing the State Police to search the phone. A forensic investigator later informed Daigler that all pertinent data from the phone was stored in the Google cloud.  Daigler contacted Douglas Curella, the law clerk for County Court Judge Melissa Lightcap Cianfrini, about obtaining a warrant ordering Google to turn over the data. Curella later informed Daigler that Cianfrini would not sign a warrant "because no legal action is being taken by the State Police and the only individual who committed crimes related to the investigation is now deceased."

In addition to patrol vehicle data, video footage, physical evidence at the scene, and recorded and timestamped radio transmissions, investigators interviewed 19 witnesses.

Among those witnesses was the mother of Keiffer's girlfriend. 

Keiffer was reportedly living at their house at the time, and he and his girlfriend's mother were speaking outside at about 6:15 p.m. when they observed a motorcycle pass their location. Keiffer reportedly observed that the motorcycle was a 'nice bike' and informed the mother he was going to go for a ride.

Top Illustration: Screenshot of an illustration in the State Police report.  For a higher-resolution version, click here.

Accident scene photo from July 6 by Howard Owens

Screenshot of illustration in State Police report.

Photo: Junco drops by a for a visit

By Howard B. Owens

Judy Schildwaster shared this photo of a Junco in her backyard on Lyman Road in Byron.  She said the bird migrated here for the winter and will only be here a couple of months before returning north.

Grand Jury Report: Two indictments issued

By Howard B. Owens

Scott F. McColl is indicted on one count of felony DWI. McColl is accused of driving drunk on Summit Street Road in the Town of Pavilion on a 2006 Harley-Davidson motorcycle on July 14. He was convicted of misdemeanor DWI on Nov. 3, 2014.

John Sumlin, III is indicted on one count of criminal contempt in the first degree, a Class E felony. Sumlin is accused of violating an order of protection on or about Oct. 25 and 26 in the City of Batavia. He is accused of repeatedly making telephone calls to the person he was ordered not to contact.

Alexander wrestler hits 100-win milestone

By Howard B. Owens

Alexander Gage Wagner, a senior, notched his 100th in and took first place this weekend the Second Annual Robert Bradshaw Memorial Tournament in Canandaigua.

Wagner wrestled in the 152-pound weight class.

Submitted photos and information.

 

Weather advisory issued, expect freezing rain overnight

By Howard B. Owens

Freezing rain is expected overnight with total accumulations of a few hundredths of an inch, the National Weather Service advises.

A winter weather advisory has been issued starting at 1 a.m. and ending at 7 a.m.

Drivers should plan on slippery road conditions. The hazardous conditions could impact the morning commute.

Law and Order: Driver from Buffalo accused of fleeing from police

By Howard B. Owens

Name redacted upon request, 41, of Rosemary Avenue, Buffalo, is charged with obstructing governmental administration 2nd, speeding, and failure to obey a police officer. xxx is accused of failing to yield for a patrol vehicle's emergency lights on Jan. 10 at 8:53 p.m. on Bloomingdale Road, Tonawanda Indian Reservation, and then, when he did stop, running from the vehicle. Once apprehended, he was transported to the Genesee County Jail for processing and then released on an appearance ticket.

Antonio Elmer Sosa-Martinez, 33, of West Academy Street, Albion, is charged with DWI, moving from lane unsafely, drinking alcohol or using cannabis in a motor vehicle on a highway, and unlicensed driver. Sosa-Martinez reportedly crashed his work van on Warsaw Road in Le Roy at 8:14 p.m. on Jan. 7. After an investigation by Deputy Mason Schultz and Deputy Jacob Kipler, Sosa-Martinez was placed in custody. He was transported to the Genesee County Jail for processing and released.

John James Gronowski, 45, of Cayuga Circle Road, Cheektowaga, is charged with criminal trespass 3rd. Gronowski was allegedly at Batavia Downs after previously being told he was not allowed on the property. He was issued an appearance ticket and released.

David Charles Pfenninger, Jr., 44, of Fargo Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Pfenninger was reportedly found in his vehicle stuck in a ditch on Route 77, Pembroke, at 1:10 a.m. Jan. 13 by Deputy James Stack. He was released on an appearance ticket.

Jordan Roger Difilippo, 29, of Pratt Road, Pembroke, is charged with sex offender failing to report change of address/status. Difilippo was arrested on Jan. 12 for allegedly failing to disclose an email address to the Department of Probation. He was released on an appearance ticket.

Paul Crawford, 54, of Old Meadow Lane, Batavia, is charged with criminal possession of a controlled substance 7th and driving on a suspended registration.  Crawford was arrested on Jan. 12 after being located on Old Meadow Lane at 9:02 p.m. He was released on an appearance ticket.

Timothy Ting Hsia, 33, of Sinclair Street, Mckeesport, Pa., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 3rd, unlicensed driver, and failure to use four-way flashers. Hsia was stopped at 6:05 a.m. on Jan. 14 on Genesee Street, Pembroke, by Deputy Ayrton Blankenship.

Matthew J. Zon, 41, of South Byron, is charged with criminal contempt 1st. Zon was arrested on Jan. 12 by State Police in connection with an incident reported at 3:09 p.m. on Oct. 15 in the Town of Byron. According to the statute cited, Zon reportedly has a prior criminal contempt conviction. He was released on his own recognizance. 

Kim M. Sobczak, 60, of Batavia, is charged with petit larceny. Sobczak was arrested by State Police in connection with an incident reported on Jan. 11 at 1 p.m. in the Town of Batavia. She was released on an appearance ticket. No other information released.

Alabama's Firefighter of the Year made a big impression during Winter Storm Elliott

By Howard B. Owens

Winter Storm Elliott blew into the Town of Alabama again on Saturday night, this time in the form of memories and accolades for first responders during the Alabama Volunteer Fire Department's annual installation and awards banquet. 

Alabama Fire sheltered 40 people during the storm, among them the district's own president, Wendy Allen-Thompson, who stopped at the fire hall after she couldn't make it home in the storm.  She helped organize the storm response at the shelter. She was impressed by the response of department members as well as the stranded travelers she met during the storm.

"It's a memory of my Christmas and my birthday that I will never forget as long as I live," Allen-Thompson said. "I'm so happy I had the privilege of being a part of it."

Joe Bradt, manager of the Alabama Hotel, which also sheltered travelers during the storm, presented a check to the department for $2,500 -- the amount of money donated by the travelers who rode out the storm at the Hotel.

"What you guys did, I mean, we were there, and we were open, and we fed the people, but you guys got them there," Bradt said."That meant more to us than anything else."

The department received 369 dispatches in 2022, said Chief Gary Patnode. There were only two house fires.  Winter Storm Elliott was by far the biggest event of the year for the small, all-volunteer fire department.

It was a storm that was hard emotionally on firefighters, who, by instinct and training, rush to help people.  Alabama's members felt overwhelmed at times, as the storm raged and whiteout conditions prevailed, throughout the northwest portion of Genesee County, the chief said.

"When we get the call, and you know that there are 150 open 9-1-1 calls for vehicles that need to be cleared, and you can't see your hand in front of your face, you get overwhelmed with that helplessness feeling," Patnode said. "It's just because we're all Type-A personalities. We want to help people, and when you can't physically see to go out where it's safe, you feel helpless."

But Alabama's volunteers were ready and willing to give a rescue a try every chance they got, Allen-Thompson said. 

"I can't even begin to describe the heroism of these guys,"  Allen-Thompson said.  "You couldn't see anything. You couldn't drive. We were getting phone calls from stranded motorists. We had a bunch of them here that were stranded. People were calling 9-1-1, and they weren't getting help as fast as they wished they could, for obvious reasons, and so they just started looking up the number for the fire hall, and they were calling us. Rob (Crossen) would take the call, then another call, and then another caller. And he'd look at me, and I'd look to him, and I think we were all just getting pretty scared that people were gonna literally perish out there in their cars. So it was quite an experience, to say the least. We had people outside working, all these guys were out there in the cold, turning red, beet red, working on trying to help people, and they go out and bring a couple people back."

Crossen was tireless in his efforts, Allen-Thompson said, rescuing seven people, driving his truck with the driver's door open, one foot on the running board, peaking through space between the open door and the windshield to help improve the visibility as he drove.

He and the other volunteers brought back all kinds of people -- people from China, from Canada, from Russia, and other foreign lands. 

"We were a melting pot, which is unusual for this area for us," Allen-Thompson said. "I really enjoyed that a lot. I learned a lot. The one guy specifically who made the best rice I've probably ever eaten."

There was one man who was particularly impressed by Crossen.

"Rob kept going and going, and I still remember because it surprised me when a man said, 'you know about Rob Crossen? and I said of course,' but that really got my attention," Allen-Thompson said. "'Yeah, I think I do.' He said, 'Wendy, Rob told me he is 77 years old.' I was like, I couldn't believe it, and he said, 'Yes, Rob told me several times he is 77, and he was driving to save us.'"

Crossen's efforts during the storm are one reason he was named Firefighter of the Year.

Photos by Howard Owens.  Top photo, Todd Thompson and Ryan Thompson present Rob Crossen with the Firefighter of the Year Award.

Jerry and Karen Johnson, along with their three children, were special guests of the department for the dinner. The family sheltered 20 stranded travelers during the storm.

Karen said events started for them around 4:30 p.m. on Friday when a State Trooper knocked on their door.  His vehicle had been stuck in front of his house for five hours and he only just realized there was a home at his location.

"He goes, 'we got several strange motorists out here.' I said, 'Well, we have a heated shop if they need somewhere to stay, please bring them in.' And he was like, 'well, we're not at that point yet.'"

About an hour and a half later, he said he needed to start bringing stranded motorists to the Johnson's shop.

"One of them was literally at the end of our driveway for five and a half hours, and we didn't even know," Karen said. "We couldn't see him, couldn't hear him."

By the end of Friday night, there were 22 people in the shop plus two state troopers.

"We're like, 'what are you gonna feed these people?' Karen said. "We'll do the best we can, you know. Unfortunately, that night they had a dinner of macaroni and cheese and frozen pizza."

Like other shelter locations, the travelers came from many parts of the world.

The Johnson's children helped entertain the children who came to the shop.

"There was a little girl who was seven years old," Karen said. "She and her family, there were six of them, they were on their way to Hawaii. She got to go in the house most of the time. She played games. My children kept her occupied.  When it came time to go, she looked sorry.  She looked at her dad, and she goes, 'This was better than going to Hawaii.'"

There was a bit of a Christmas miracle in the Johnson household during the event, Karen revealed.

"For the first time, my kids pulled together for three days," she said. "No arguing."

For The Batavian's complete coverage of Winter Storm Elliott, click here.

Gary Patnode and Wendy Allen-Thompson receive a $2,500 check from Joe Bradt, general manager of the Alabama Hotel.

See also: Alabama has its own Christmas story to tell, and stranded travelers aren't 'home alone'

The Indian Falls Volunteer Fire Department was recognized with the Service Award, presented by Chief Gary Patnode. The award was in recognition of the support on mutual aid calls provided by Dave Olsen, LuAnn Mileham, Chief Ed Mileham, and Matt Delre (not pictured) as members of the Indian Falls department.

"Alabama Fire, like many other agencies, struggles to answer 9-1-1 calls during the day," Patnode said. "For many years these individuals have played a vital role in Alabama Fire being able to respond and answer your calls while providing the necessary patient care until the ambulance arrives."

See also: County's smallest department kept travelers fed, warm, and safe during Winter Storm Elliott

Terry Thompson presented the EMS awards to Mark Smith and Brianna Smith.

Brianna Smith received the "Rising Star" award from Wendy Allen-Thompson.

Sydney Eick was honored for 50 years of service to the department, which included a proclamation from Assemblyman Steve Hawley, and for responding to the most calls in 2022. 

Assemblyman Steve Hawley administered the oath of office to the elected and appointed officers of the Alabama Volunteer Fire Department.

Elected:

  • President, Wendy Allen-Thompson
  • Vice president, Joseph Uhrinek
  • Chief Gary P. Patnode
  • Treasurer Tony Mudrzynski
  • Secretary, Leah Thompson
  • Board of Directors: Richard Brunea, Henry Mudrzunski, Gary L. Patnode, Allison Thompson, Ryan Thompson
  • Bell Jar Secretary, Clayton Fry
  • Hall Steward, Terry Thompson

Appointed: 

  • Deputy Chief, Sid Eick
  • 1st Assistant Chief, Terry Thompson
  • 2nd Assistant Chief, Ryan Thompson
  • Captain, Todd Thompson
  • EMS/Fire Captain, Richard Brunea
  • EMS Captain, Brianna Smith
  • EMS Lieutenant, Mark Smith
  • Fire Police Captain, Henry Mudrzynski

Henry Mudrzynski gave a talk on the history of the department, which included showing off the bylaws from 1950.

Here's a video produced the Town of Alabama Highway Department about the storm.

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