Le Roy

Le Roy fire is out at 66 Clay St., Le Roy, for water in the basement and an odor of natural gas.

A chief on scene reports that there is a water main break right outside of the house, which is flooding the house.

UPDATE 2:05 p.m.: RG&E contacted. No ETA on when workers will respond.

It's apparently been 40 years since anybody organized a community skate in the dead of winter on Oatka Creek in the Village of Le Roy, but that's exactly what Jay Beaumont and Jon Marcello, two of the owners of Smokin' Eagle BBQ & Brew, did today.

Beaumont said he remembered regularly skating on the creek when was growing up but thinks nobody wanted to organize anything after a child was hurt around 1980.  Still, there is still a light pole next to the creek and with the help of the highway superintendent, he found out it still works (second photo).

At around 11 a.m. they got a pick-up hockey game going.

Nicholas G. Williams, 41, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Williams is accused of unlawfully entering a dwelling in Le Roy with the intent to commit a crime, thereby violating a court order to stay away from the resident. He was also charged with resisting arrest. He allegedly resisted officers when they attempted to place handcuffs on his wrists. He was jailed on $10,000 bail.

Christina M. Sanchez-Anderson, 29, and Kodey R. Mills, 24, both of Church Street, Le Roy, were charged with criminal possession of a controlled substance, 7th. Sanchez-Anderson and Mills were arrested after Le Roy PD responded to a report of a domestic disturbance at 9:30 a.m., Sunday. During the investigation police allegedly observed a crack pipe in plain view in the living room. Mills was released on an appearance ticket. There was a warrant for the arrest of Sanchez-Anderson on an unrelated charge. She was jailed on $1,000 bail.

Lori A. Say, 50, of Roanoke Road, Stafford, is charged with petit larceny. Say is accused of shoplifting from a business on West Avenue in the Village of Le Roy.

James M. Tinker, 25, of Fowler Road, Linwood, is charged with criminal mischief, 4th. Tinker is accused of punching and breaking the window of another person in the Village of Le Roy during a dispute. Tinker was treated for cuts on his hand an issued an appearance ticket.

Chazmar T. Walters, 25, of Myrtle Street, Le Roy, was arrested on a warrant for alleged failure to appear. 

Brian Gilbert Keller, 22, of Sumner Road, Darien, is charged with criminal contempt, 1st, and harassment, 2nd. Keller allegedly spit in the face of another person, a violation of a refrain from offensive conduct order of protection. He was jailed on $10,000 bail, $15,000 bond.

Byron-Bergen's Lady Bees beat Le Roy in a girls basketball game Tuesday night at Byron-Bergen, 58-34.

The two teams were tied at the half, but the Bees outscored the Knights in the third and fourth quarter, 21-11 and 16-2.

For Byron-Bergen, Kelsey Fuller scored 16 points, Miriam Tardy, 14, Juliana Amesburg, 12, and Emily Kaczmarek, 8.

For Le Roy, Erin Cappotelli had 12 points, Bryn Luckey, 7, and Ava Horgan, 6.

Bruce Doug Seelau, 69, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, leaving scene of property damage accident, moving from lane unsafely, and speed not reasonable and prudent. Deputy Ryan Young responded to a report of a single-vehicle accident at 2:34 a.m. Saturday on South Lake Road, Pembroke, and found a vehicle on its side. Seelau was identified as the driver. Neither Seelau nor a passenger were injured. 

Collin Ronald Wickings, 24, of Clinton Street Road, Bergen, is charged with violation of a court order. Wickings allegedly had a third party contact two people he was ordered not to contact by court order.

David Joseph Michael Welninski, 23, of Ballard Road, Fillmore, is charged with driving while ability impaired by drugs, criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, and failure to keep right. Welninski was charged following an investigation by Deputy Ryan DeLong into a single-vehicle accident reported at 9:23 p.m. July 15 on Lake Street Road, Le Roy.

Lee Carl Zimmerman, 47, of South Lake Avenue, Bergen, is charged with harassment, 2nd. Zimmerman is accused of shoving another person during an incident reported at 12:25 a.m. Friday at a location on Lake Avenue, Bergen.

While many Americans are worried about higher broadband costs or diminished service following the repeal by the FCC of "Net Neutrality" rules, customers of Empire Access can continue to count on unmetered, unthrottled, unlimited data, Bob VanDelinder, director of marketing for the company, told The Batavian today.

"The changes in net neutrality, we don't feel, will affect Empire Access because we still plan to keep the Internet open for our customers," VanDelinder said. "We will continue to offer unlimited data without content blocking, no throttling, and no paid prioritization. The customers on Empire Access should not see any changes."

Last week, the Federal Communications Commission overturned a 2014 rule known as Title II that prohibited Internet service providers from having tiered pricing plans, so-called "net neutrality."

The change has caused customers of Empire Access to call the company and express concern that their service will be changed and VanDelinder said they're all assured that there will be no changes. Soon the company will embark on a social media campaign to help spread that message. Customers will also receive an assurance of the company's commitment to unmetered service with the bills that will be mailed Jan. 1.

Proponents of net neutrality say the repeal of the law will mean restricted, or slower, bandwidth for customers or content providers who don't pony up extra cash.

Opponents of net neutrality say that Title II inhibits innovation and is holding back companies from making the investments necessary to provide faster broadband to more customers.

The idea of ISPs trying to squeeze more money from content providers is not without precedent. Prior to the 2014 rules, Comcast sought fees from Netflix and tacked on an extra charge for customers who streamed more Netflix shows and movies.

Empire Access doesn't know what its competitors might do following the rule change, VanDelinder said, but as far as Empire Access is concerned, nothing has changed.

"It's somewhat early yet to know what is going to take place with our competitors but as far as our stance on the ruling, it's our feeling that our customers come first," VanDelinder said. "We will continue to provide open access to our customers."

Over the past several years, Empire Access has been expanding throughout the Southern Tier and Western New York. It's an expansion plan that started before Title II was enacted, continued through the Title II era, and will continue going forward, VanDelinder said. Whether there is net neutrality or not, it doesn't slow down Empire Access's plan for expansion and innovation.

"We're a family-owned company," VanDelinder said. "We're a local company. What is best for the customer is really what we're striving to achieve to provide the best services."

Being a family-owned business has its advantages over larger competitors, such as Comcast, VanDelinder noted. 

While Comcast sought more money to stream Netflix, it wasn't taking the same approach with Hulu, which is owned in part by Comcast.

"Our business is providing Internet, phone, television, and security services," VanDelinder said. "We don't necessarily have these conflicts like some of our competitors do."

Since Empire Access came to Batavia and Le Roy, local customers are in a unique position of having options. Nearly 60 percent of households in America have only one company to call for broadband service.  

"One of the great things about operating in the towns, villages, and cities where we provide service is that we create competition," VanDelinder said. "Competition is good for the consumers."

Davon St. John is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that between Sept. 27 and 28, the defendant knowingly entered or remained unlawfully inside a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In count two, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $180 in U.S. currency and other items. In count three, St. John is again accused of second-degree burglary for allegedly unlawfully entering the same dwelling on Ellicott Avenue between Nov. 18 and 19 with intent to commit a crime. In count four, he is accused of petit larceny for allegedly stealing an HP laptop, book bag, calculator, butcher knife and Samsung Electonic Tablet in the second break-in. In count five, the defendant is accused of a third instance of second-degree burglary at the same address between Nov. 20 and 21. In count six, he is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing a 2004 Jeep valued at more than one hundred dollars. In count seven, St. John is accused of petit larceny for allegedly stealing a 40-inch Vizio television in the City of Batavia between Nov. 20 and 21. In counts eight and nine, he is indicted for second-degree burglary for allegedly unlawfully entering a dwelling on Montclair Avenue in the city on Nov. 21 with the intent to commit a crime. In count 10, he is accused of third-degree grand larceny, a Class D felony, for allegedly stealing property on Nov. 21 in the city that had a value of more than $3,000 -- in this case a MAC Book Air, Harman Kardon Wireless speakers, MAC Magic mouse, Apple Series 2 watch, Alexa Echo Show, $400 in U.S. currency, silver coins, Halloween candy, four gold chains, a gold dome ring and four blank (bank) checks. In counts 11 and 12, St. John is accused of fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in counts 11 and 12 that he intentionally damaged the property of another person. In this case, a door and glasses, respectively. In count 13, he is accused of a sixth count of second-degree burglary for allegedly unlawfully breaking into a dwelling on Union Avenue with the intent to commit a crime. In counts 14 and 15, he is accused of criminal possession of a firearm, a Class E felony. In counts 14 and 15, it is alleged that on Nov. 21 in the City of Batavia that St. John illegally possessed, respectively, a .357-caliber Smith & Wesson revolver and a Glock firearm. In count 16, the defendant is accused of stealing property (unspecified) on Nov. 21 in the city and is therefore indicted on another count of petit larceny. In count 17, he is indicted on a third charge of fourth-degree criminal mischief for allegedly intentionally damaging another person's property (unspecified).

Jeremy L Siplin is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Nov. 17 in the Town of Batavia that Siplin stole property having a value in excess of $1,000 -- in this case, $2,292.84 worth of goods from Kohl's Department Store. In count two, he is accused of fifth-degree conspiracy, a Class A misdemeanor. It is alleged in count two that the defendant agreed with one or more persons to intentionally engage in, or cause the performance of, conduct that constituted a felony.

Joseph H. Merkley Sr. is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on July 3 in the Town of Le Roy that Merkley drove a 1996 Ford on Perry Road and/or Route 19 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for knowing, or having reason to know, that at the time his dirver's licensed in New York was suspended, revoked or otherwise withdrawn by authorities. It is further alleged in count two that he was driving under the influence of alcohol or a drug at the time. Also, in Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI Per Se on June 18, 2014 in the Town of Murray in Orleans County. It is further alleged in the Special Information that Merkley knew that his driving privilege was revoked as a result and that revocation was still in effect when the crimes alleged in this indictment occurred.

Joshua M. Bradley is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 4 in the Town of Darien that Bradley drove a 2005 GMC on Colby Road and/or Route 20 while intoxicated. In count two, Bradley is accused of DWI, Per Se, as a Class E felony. It is alleged in count two that he had a BAC of .08 or more at the time. Also, in Special Information filed by the District Attorney, Bradley is accused of having been convicted by DWI as a misdemeanor on Jan. 15, 2015 in the Town of Clarence, Erie County, and that conviction was within 10 years of the crimes alleged in this indictment.

Joseph J. Cavico Jr., 49, of Albert Street, Rochester, is charged with assault, 3rd, menacing, 2nd, willful defacement of a weapon, and criminal possession of a weapon. Cavico is accused of striking a victim numerous times and threatening the victim with a pistol and knife. During the investigation by Le Roy PD, police located a .357-caliber pistol with its serial number removed. Cavico was jailed without bail. The investigation is ongoing.

Roberta A. Goodman, 50, of East Main Road, Le Roy, is charged with driving while ability impaired by drugs. Goodman was stopped by Le Roy PD at 12:48 p.m. June 20 following a complaint. Goodman allegedly failed to maintain her lane of travel and almost struck objects. Goodman was allegedly under the influence of prescribed medication.

Kimberly White, 28, of Wyoming Road, Wyoming County, is charged with petit larceny. White and an accomplice allegedly stole $319 of Hydroxycut supplements from Walgreens in Le Roy on May 16.

Shane E. Dann, 41, of Swan Street, Batavia, was arrested on a warrant. Dann was arrested on a City Court warrant. The charges were not released. 

Sean M. Haugh, 20, of North Main Street, Warsaw, was arrested on a warrant for alleged failure to appear. Haugh was arrested at the Wyoming County Jail and transported to Batavia City Court. Haugh was released after posting bail.

Rae C. Cook, 28, of Gilbert Street, Le Roy, is charged with harassment, 2nd. Cook is accused of punching a nurse while at UMMC's emergency room.

Kiara M. McCoy, 28, of Woodward Street, Rochester, is charged with unlawful possession of marijuana, uninspected motor vehicle, and speeding. McCoy was allegedly found in possession of marijuana during a traffic stop at 10:32 p.m. Friday on Walnut Street, Batavia, by Officer James Prusak.

Nikkia Marie Phillips, 31, of East Main Street, Batavia, is charged with petit larceny. Phillips is accused of stealing merchandise from Walmart.

Anthony M. Strollo, 59, of Bethany Center Road, Bethany, is charged with trespass. Strollo allegedly walked onto property on Wortendyke Road without permission at 2:45 p.m. on Thursday.

Kevin James Weber, 47, of Judge Road, Alabama, Alabama, is charged with menacing, 2nd. Weber allegedly threatened another person with a knife at 4:10 p.m. Thursday at a location on Judge Road, Alabama. He was ordered held on no bail and a full stay away order of protection was issued.

Jacklyn Maureen Ganzhorn, 30, of Genesee Street Road, Attica, is charged with harassment, 2nd. Ganzhorn allegedly struck another person at 10 p.m. Thursday at a location on Orangegrove Drive, Batavia.

There have been winter mornings in Le Roy when Myrtle Burrell couldn't even see down Wolcott Street from her crossing station at Main and Church, the snow was blowing so hard.

No matter the weather, for 34 years, with only a couple of days off, Burrell has been at her post helping children get across Main Street safely.

Even this morning, on the day of her 90th birthday.

It was no big deal, she said. "As I told my grandson, it's just two 45s."

The last time she missed a crossing guard shift, she said, was when her husband Roy passed away.

"I don’t believe in missing time unless something is really wrong," she said. "I guess I'm too dedicated."

She loves the kids, she said. And she doesn't let them mess around on her corner, she said. Once when some boys were acting up Burrell, who isn't much taller than many of the children she helps cross, told them they better watch it or she would karate chop them. And they said, "oh, right," so the next day she came back to the corner with a picture of herself from a karate class. That got the boys' attention.

Burrell started the job after being laid off when the Sylvania plant in Batavia closed. She went to a get-together at a friend's house and somebody mentioned working as a dispatcher and Burrell said, "that's something I'd like to do." 

The person told her to go see then-Police Chief Sam Steffenilla.

She did.

He hired her on the spot.

But then the crossing guard who worked Main and Church decided to quit. Steffenilla asked her if she wanted that job and she said she couldn't do both jobs, but agreed to give the crossing guard job a try.

"They showed me what to do and left me and I've been on my own ever since," she said.

A tractor-trailer overturned on the Thruway at about 10 a.m. and though there were no injuries, the accident created traffic delays through Le Roy.

Due to a fuel spill, both westbound lanes were blocked for a time.

State Police said the cause of the crash remains under investigation.

Photo: Katie Marie Breitfeld story and photo via our news partner, 13WHAM.

Le Roy's Alex Wynn is Yale-bound. The high school senior has won a full scholarship to the prestigious university from QuestBridge.

Wynn is among 918 students selected by QuestBridge for a 2017 National College Match scholarship that sends high-achieving, low-income students to top universities.

U.S. News and World Report ranks Yale as one of the top three universities in the nation. Yale counts among its graduates presidents (both Bushes, Bill Clinton, Gerald Ford), world-renowned actors (Meryl Streep, Paul Newman, Jodie Foster), and business leaders (Indra Nooyi, CEO of Pepsi, John E. Pepper Jr., CEO of Walt Disney Co.), along with leaders in many industries and professions.

Alex said she learned about QuestBridge during her junior year and decided to join more than 15,000 other high school students who would seek a QuestBridge scholarship.

The process included a visit to Yale, which helped convince Alex that Yale was where she wanted to go if given the chance.

"Yale has been my top school ever since I was afforded the opportunity to visit last June," Alex said. "Despite my love of the school, its low acceptance rate made me believe that I never would actually be accepted, let alone be offered a full scholarship. Words cannot describe how grateful I am to be able to attend my dream school for the next four years, nor can they describe how incredibly excited I am for this amazing opportunity."

She will major in Chemical Engineering.

"I feel extremely fortunate to have the opportunity to work with a student of Alex's caliber in the first year of my career as a school counselor," said Austin Dwyer, a counselor at Le Roy High School. "On the very first day of school, Alex introduced herself to me and informed me she was applying to a National College Match Program that included some of the most selective schools in the entire country.

"Alex has been an outstanding self-advocate for herself, especially throughout the extensive application process of this program. Alex is truly a 'go-getter' when it comes to accomplishing something, whether it is in the classroom or an extracurricular commitment, and has been a great role model for our students."

Principal Tim McArdle said Alex has worked hard and the school is proud of her.

"Alex's commitment to academic excellence coupled with a passion for participation in music, athletics, and other extracurricular clubs, along with service in our community has made her an ideal Oatkan Knight whose journey is inspiring," McArdle said. "She has pushed herself in the classroom to always challenge her intellect and fulfill her love of learning.

"Evidence of her success can be found all over our school from helping launch our Knights' Tech Desk to excelling in her AP courses to performing in our marching band and musical pit. We are very excited for her and her family; it is truly life-changing, and we are so proud! I would like to thank QuestBridge for their commitment to college-bound students across the country."

Photo: Alex Wynn, taken Saturday night at Le Roy's Christmas Tree lighting.

Le Royans celebrated the arrival of the holiday season with the annual lighting by Santa of the Christmas Tree in the Wiss Hotel Park.

Royce Breslawski celebrates his win in the men's division of Le Roy Winterfest 5K this afternoon. Heather Kent, below, was the first woman to cross the finish line.

Part of the tradition of the race is for winners to dress up with holiday flair. There was also an after-party at the Creekside Inn.

No farm animals were lost in a barn fire at 8090 Black Street Road, Le Roy, this evening, though the barn was a total loss.

The fire was reported at 4:45 p.m. with flames showing and was fully involved when firefighters first arrived on scene.

Pavilion fire, along with Le Roy, Bethany and Stafford responded to the fire with medical aid backup provided by Le Roy ambulance. Emergency Service and the Sheriff's Office also assisted at the scene.

Crews were preparing to the leave the fire location at 8:30 p.m.

The fire is under investigation, but Emergency Management Coordinator Tim Yaeger said investigators are looking at a parked tractor as a possible cause.

(initial report)