Le Roy

When Michael Nicometo gets out of prison in three-and-a-half to seven years, if he's diligent he will finish repaying restitution to his victims in less than 29 years.

While sending Nicometo to prison, Judge Robert C. Noonan ordered restitution in the case of $86,017.57 at a rate of $250 a month, assuming Nicometo doesn't manage to repay the debt for his release.

Nicometo, a trained electrician, was the apparent mastermind behind a scheme to steal high voltage copper wire from industrial locations in and around Le Roy.

The total damage to Dolomite was nearly $33,000 and Troy Manufacturing suffered a loss of $53,000.

Noonan also levied a state-mandated surcharge of $4,300.

This was the third attempt in County Court to sentence Nicomento following his guilty plea Sept. 30 to burglary, 3rd, as a second felony offender.

The first sentencing was scheduled Jan. 2, but Nicometo was reportedly hospitalized for an undisclosed reason. He was then scheduled to be sentenced last week, but missed his morning appointment. He arrived in court later that afternoon, but a warrant had already been issued for his arrest.

From the bench today, Noonan said Nicometo appeared to be high on drugs when he showed up to court that day.

The 29-year-old Nicometo was taken into custody and appeared today dressed in Genesee County Jail orange.

His attorney, Brian Degnan, told Noonan that his client has a drug problem that he's never been able to shake.

"He has an untreated, severe substance abuse problem," Degan told Noonan. "He has failed at treatment every step of the way. I would ask that you consider his drug addiction as a mitigating factor, Judge. Mr. Nicometo needs treatment, Judge. He's never going to be better without treatment."

For his part, Nicometo told Noonan he was sorry and that he knew he did wrong.

An option for Noonan with some drug-addicted defendants is to require drug treatment prior to starting their prison term. That's known as a Willard Sentence.

Noonan said the first test imposed by the state on whether a Willard Sentence is appropriate is whether such a sentence would have no adverse effect on public safety or the public's confidence in the judicial system.

"I don't think I can make that finding in this case," Noonan said.

There are two co-defendants in the case, Jonathan D. Smeak, of Batavia, and Dustin C. Nicometo, but we don't have any current information on the status of those cases. Those co-defendants could be responsible for some of the restitution.

James Mitchell, 35, of Le Roy, is charged with petit larceny. Mitchell was arrested following a months-long investigation by the Livingston County Sheriff's Office into reports of stolen co-payments at a doctor's office where Mitchell worked in Avon. The investigation took time, according to LCSO, because of lengthy billing cycles and victims coming forward. Mitchell was allegedly stealing co-pays as patients checked out at their physician's office. The investigation was conducted by Deputy Dan Rittenhouse, Deputy Ross Gerace, Deputy Steph Schroeder and Deputy Mike Yencer.

Kelly M. Zwolinski, 34, of Broadway Road, Darien, is charged with criminal possession of stolen property, 4th, and resisting arrest. Zwolinski was identified as a suspect in possession of a stolen horse saddle that was taken from a farm in Niagara County and an arrest warrant was issued. When Deputy Kevin McCarthy and Investigator William Ferrando attempted to place Zwolinski under arrest, she allegedly resisted arrest.

Darlene Ann Kingdollar, 51, of South Pearl Street, Oakfield, is charged with petit larceny. Kingdollar is accused of entering the 7-Eleven store in Oakfield while intoxicated and after she was denied the purchase of alcohol, she allegedly left the store with a can of beer without paying for it.

Bruce J. Brade, 33, of Galloway Road, Batavia, is charged with stalking, 4th, and criminal contempt, 2nd. Brade allegedly violated an order of protection.

Mark J. Price, 37, Township Road, Ashland, Ohio, was arrested on a warrant for alleged failure to appear for an alleged traffic violation in Batavia City Court. Price was aprehended during a traffic stop in the Village of Attica. Price was issued an appearance ticket.

Jeffrey A. Pionessa, 32, of Glenwood Drive, Attica, is charged with DWI, driving with a BAC of .08 or greater and speeding in zone. Pionessa was stopped at 2:30 a.m. Sunday on Law Street, Batavia, by Officer Arick Perkins. Pionessa allegedly had a BAC of .11.

A 17-year-old resident of Trumbull Parkway, Batavia is charged with criminal mischief, 4th, and harassment, 2nd. The youth is accused of damaging the mobile phone charger of another person by throwing it against a wall and grabbing the arm of the alleged victim and pushing the person's face.

John K. Rolls, 34, of Mill Street, Batavia, is charged with two counts of forcible touching. Rolls is accused of forcibly touching a 17-year-old girl on Jan. 7. Rolls is incarcerated in the Genesee county Jail on an unrelated matter and was issued an appearance ticket.

Brad Strzelecki, 19, of Hunter Street, Bergen, is charged with unlawful possession of marijuana. Strzelecki was reported at a location on Bank Street at 10:01 a.m. Jan. 13 when he was allegedly found in possession of marijuana by Officer Eric Foels.

Rodeny Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with petit larceny. McKenzie was located by Transit Police in Buffalo during a check-the-welfare interview and identified as a warrant suspect for allegedly stealing items from Kmart on Dec. 12.

Bryant William Hardtner, 28, of State Street Road, Batavia, is charged with unauthorized use of a motor vehicle. Hardtner is accused of taking a vehicle Sunday without the owner's consent.

Kimberly Diane Ribbeck, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving a vehicle with obstructed vision and no or inadequate plate light. Ribbeck was stopped at 2:33 a.m. Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

Michael Gerald Pernicano, 21, of Lake Road, Holley, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and no plate light. Pernicano was stopped at 2:29 a.m. Saturday on North Byron Road, Byron, by Deputy Joseph Corona.

Lena Marie Evans, 26, of Ross Street, Batavia, is charged with petit larceny, two counts of criminal possession of a controlled substance and possession of a hypodermic instrument. Evans was arrested for allegedly shoplifting at Kmart by Deputy Andrew Hale.

Carey Anthony Bedell III, 18, of Lehigh Avenue, Rochester, is charged with unlawful possession of marijuana. Bedell was arrested on Clinton Street Road, Byron, at 9:43 p.m. Friday.

Matthew R. Smith, 21, of Basom, is charged with forcible touching. Smith was arrested by State Police for an alleged incident reported at noon Thursday.

Mark A. Allison, 52, of Lockport, is charged with felony DWI and felony driving with a BAC of .08 or greater. Allison was arrested by State Police following the report at 9:29 p.m. Thursday of a two-car accident at 372 Bloomingdale Road, Basom. One person was injured. The driver of the other vehicle was Alexander Shirira, 56, of Buffalo. No other details released.

A small Le Roy company has put itself on the cusp of the next big thing in municipal lighting -- LED.

This week, GotToGo Electric, a six-person company on East Main Road, landed a $77,860 contract with Mayville to sell the village 350 LED street lights.

Last year, GotToGo provided the village with LED street lights as part of a pilot project and then was the lowest bidder to provide enough lights to illuminate the entire village.

Traditionally, cities and villages provide night light with either high-pressure sodium lights or metal-halide lamps, giving main streets either an eerie orange glow or a cold blue hue.

Modern LED lights provide a white light, which has its own benefits, but the main reason municipal governments are taking a closer look at LED these days is the cost savings.

LED lights can cut electric consumption by up to 65 percent and are virtually maintenance free.

A street light with LED bulbs has a 10-year warranty, but should continuing working for 15 to 20 years.

Sodium and halide lights must be replaced much more frequently.

"LED is the new way to go," said company President Scott Keister. "LED is gaining traction very quickly. I think what we'll see in the next few years is the Department of Energy change its requirements for energy consumption, and traditional lighting (sodium and metal-halide) won't be able to meet those requirements."

GotToGo Electric is a manufacturer rep for two of the companies in the U.S. that make municipal lighting and fixtures.

Established in 1990 as a company selling products for electric companies, it was forced less than a decade later to pivot into a firm that represents the manufacturers of products for municipal utilities after the electric companies in the Northeast merged.

It was an easy transition, said CEO Kristin Gomborone, because GotToGo had already established the relationships with the cities and villages in New York.

"Along with the relationships, we've been working with municipalities for about 24 years now, so we've built a rapport," Gomborone said.

The company is owned by Gomborone and her sister, Gabrielle Keister, who is VP of Finance, and GotToGo is a certified New York woman-owned business.

Both women were born and raised in Le Roy. Keister is from Alexander and attended Notre Dame High School.

Besides selling LED lights, GotToGo handles just about everything a municipality might need to provide utility service, from gas and electric meters, to cable and transformers for electricity and, of course, lighting.

Primarily, the company bids on behalf of the 25 manufacturers they represent for the sale and installation of utility products. But the company is also positioned to ensure ongoing maintenance needs, if any, are met.

Keister explained that manufacturers use product reps such as GotToGo because it's less expensive than maintaining a full-time staff in a territory.

GotToGo got into LED lighting as the demand began to grow.

Ten years ago, LED systems were expensive, provided a bluish light that consumers rejected (think of those district blue headlights that were common for awhile on some new model cars) and didn't provide as much illumination as traditional lighting.

Now the cost has come down, the light temperature has shifted to a neutral white (or a moonlight white) and systems can put out as much, if not more, light than sodium or metal-halide.

GotToGo's clients for LED lights include the City of Buffalo, Westfield, Jamestown, Springville and the company's first LED client, Auburn, which installed 450 new street lights.

And not just municipalities are in the market now for LED lights. Universities and colleges, malls, car dealers -- any place with the need to illuminate a large area -- is a potential customer for GotToGo's products.

"It's probably the most exciting thing we're doing now," Keister said. "It's up and coming. Like I said, it's been around 10 years, but it's really just starting to take a grasp."

The main thing holding back wider adoption of LED systems, Keister said, is the inability of Albany and the electric companies to come up with a plan on how the electric companies will serve municipalities.

There are about 42 cities and villages in New York, such as Mayville, that provide their own municipal electric service, so there aren't hoops to jump through to make the switch to LED.

But in all the others municipalities, the local governments contract with a big electric company to provide the lights, the electricity and the maintenance.

It's kind of a lease agreement paid for through a tariff.

"To charge people the current tariff rates for a fixture that is much more efficient and basically eliminates maintenance is not fair to the consumer," Keister said.

So, as the market changes -- new regulations requiring less energy consumption from street lights, and a new tariff scheme out of Albany -- GotToGo Electric, with its experience and connections, should be well positioned as the go-to company in WNY for municipal street lighting.

Click here for a story from an online news site in Chautauqua County about the Mayville purchase and to see a picture that shows the color temperature difference between LED and sodium lights.

A 29-year-old man who broke into the apartment of a woman in Le Roy and raped her at knifepoint has been sent to prison for 18 years by Judge Robert C. Noonan.

Charles D. Johnson, 29, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, will also be required to have 25 years of post-release supervision.

Johnson entered a guilty plea Nov. 26 in an agreement with prosecutors that he serve no more than 18 years in prison.  The minimum sentence available to Noonan, which he rejected, was eight years.

Johnson was indicted on counts of predatory sexual abuse, a Class A-II violent felony, burglary in the first degree, a Class B violent felony, and criminal possession of a weapon, a Class D felony.

He entered a guilty plea to a Class B violent felony. If convicted at trial, he would have faced 10 to 25 years in prison.

Johnson was identified as the suspect through DNA evidence, leading to his quick arrest following the May 9 rape.

Also in Genesee County Court today: Michael A. Nicometo, 28, of 45 North St., Le Roy, who was scheduled for sentencing this morning on his conviction for burglary, 3rd. Nicometo was involved in the heist of high-voltage copper wire from industrial buildings in Le Roy. Nicometo missed his appearance time today and a warrant was issued for his arrest. In the afternoon, he voluntarily appeared in court and his sentencing has been rescheduled for 11:45 a.m., Monday. Earlier this month, Nicometo missed his scheduled sentencing appearance because he was reportedly hospitalized in Rochester. Police arrested Nicometo in March following an investigation into the theft of high-voltage wire from industrial complexes in the Le Roy area. He and an alleged accomplice were later accused of doing $32,000 in damage to the Dolomite facility in Le Roy.

Yesterday in County Court, Shane M. Bell, 47, of 161 Jackson St., Batavia., charged with assault in the 2nd degree for allegedly hitting a man outside the Harvester bar on Harvester Avenue, was scheduled for a plea cut-off hearing. The plea cut-off date was extended to Jan. 23. If Bell and his attorney are unable to reach a plea agreement with the District Attorney's Office by that date, he will go to trial April 21.

Bruce J. Brade, 33, of Galloway Road, Batavia, is charged with identify theft, 2nd, and grand larceny, 4th. Brade is accused of fraudulent use of a debit card. Brade allegedly used the card to purchase items over the Internet. Following arraignment in Batavia City Court, Brade was released under supervision of Genesee Justice.

Douglas Robert Brown, 45, of South Main Street, Elba, is charged with criminal possession of a weapon, 4th. Brown was arrested following an investigation into a complaint of an irate truck driver who made a delivery to Automotive Corp., Inc. Brown was allegedly found in possession of a billy club.

Thomas James Rose, 18, of Ford Road, Elba, is charged with criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument, criminal use of drug paraphernalia and unlawful possession of marijuana. Rose was found to allegedly possess drugs and paraphernalia during an investigation by Deputy Joseph Corona and Deputy Howard Carlson of an incident at a residence in Byron at 2:30 a.m., Saturday.

Arthur Mack Osborne, 47, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd. Osborne is accused of violating a complete stay away order by going to the residence of the protected person and being in contact with that person.

Paul Joseph Kirch, 27, of Angling Road, Corfu, was arrested on a warrant out of the Town of Amherst related to a disorderly conduct charge. Kirch was located when a deputy checked on a vehicle parked on the shoulder of a roadway. Upon investigation, Kirch was identified as a suspect with an active arrest warrant.

Cynthia Louise Reschke, 50, of Transit Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, moving from lane unsafely. Reschke was stopped at 1:36 a.m. Sunday on Morganville Road, Stafford, by Deputy Joseph Corona.

Stephen A. Getty, 43, of Gilbert Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and drinking alcohol in a motor vehicle on a highway. Getty was stopped at 5:11 p.m. Friday on Main Road, Pembroke, by Deputy Kevin McCarthy.

Louis Levon Wooden, 28, of Salina Street, Rochester, is charged with petit larceny. Wooden is accused of shoplifting at Walmart. Also charged with petit larceny is Tymekia T. Gaskin, 39, of Champlain Street, Rochester.

Ann Lee Cox, 42, of Main Street, Attica, is charged with criminal possession of a controlled substance, driving while ability impaired by drugs, driving while ability impaired by combined drugs and moving from lane unsafely. Cox was arrested following an investigation by Deputy Kevin McCarthy into a single-car accident on Route 98, Alexander, at 4:22 a.m. on Oct. 20.

Emily Grace Lemen, 19, of Lake Street, Le Roy, is charged with DWI, driving with a BAC of .18 or greater and moving from lane unsafely. Lemen was allegedly driving a vehicle at 4 p.m. on Jan. 6 that went down an embankment at the 490 off-ramp at Route 19. The accident was investigated by Deputy Matthew Butler.

Whatever illusion Gov. Andrew Cuomo might have once had that opposition to the signature piece of legislation during his term would eventually fade away should be largely dispelled after a day like today.

Throughout New York today gun owners gathered at gun clubs to fire a single shot in protest at precisely noon in what was dubbed by organizers as "The Shot Heard Round New York."

More than 80 gun owners turned out at the Northwoods Sportsman Club on Gulf Road in Le Roy. There was also a protest in Batavia at Godfrey's Pond.

"I think it's huge that people took the time, in the rain, to come out and protest this," said Christina Marinaccio, who helped organize the event at Northwoods.

Sen. Mike Ranzenhofer and Assemblyman Steve Hawley participated in the protest.

"I thought it important to show solidarity with SCOPE and these hunting groups that are so opposed to the SAFE Act, as am I," Ranzenhofer said. "We're very dissatisfied, not only with the law itself, but the way it's been implemented."

Both Ranzenhofer and Hawley said Cuomo badly miscalculated when he rammed the unconstitutional gun control legislation through on the backs of support from Downstate interests. He clearly didn't understand how seriously the majority of Upstate New Yorkers take the U.S. Constitution.

"We're talking about the Constitution of the United States of America and as far as I know, New York is part of our country," Hawley said. "The SAFE Act was excuted last year under the cover of darkness and excluded every single New Yorker from having a discussion about the act. The papers were still hot off the presses when the Senate voted on it and we voted on it the next day.  We're run by New York City in this state and apparently those that are from Downstate choose to ignore the Constitution."

Ranzenhofer said his constituents find the legislation insulting.

"The comment I hear all the time is you're taking people who are law-abiding citizens and labeling them as criminals, and they're very offended by that," Ranzenhofer said. "These are people who have lived, and paid their taxes, here in Genesee County and across the state their whole lives. They're very upset."

One of the participants, John Marinaccio (Christina's brother), said the protest does send an important message to everybody in the state.

"We're able to unite all these people with a common interest and show everyone else out there why it's so important to us," Marinaccio said. "We feel that by rallying together like this we're proving that to people."

Christina said there is a direct problem with the SAFE Act that's going to hit the club.

"Our youth program is core of this club," Marinaccio said. "We're struggling right now because we won't be able to provide ammunition for our kids once the SAFE Act's provisions for background checks on ammunition goes through. It's really going to be a big hit for us because we really built up the program by offering the kids a chance to come down here and shoot for free."

A two-car motor vehicle accident is reported on Route 19 and Selden Road, Le Roy.

Le Roy fire and ambulance dispatched.

There are reportedly a number of cars off the road at Ford Hill.

UPDATE 6:54 a.m.: A chief on scene confirms multiple cars off the road. Route 19 is being shut down.

UPDATE 6:55 a.m.: DOT requested to the scene. Heavy ice conditions. More manpower requested to the scene.

UPDATE 7 a.m.: Another vehicle is reported off the road on Griswold Road, Le Roy, with significant damage. There's also a property damage accident, reported before the one on Route 19, on Perry Road. The travel ban for the county was only just lifted now.

UPDATE 7:06 a.m.: A deputy informs dispatch that unless DOT can get the road cleaned up, Route 19 is going to be shut down for a while.

UPDATE 7:11 a.m.: Le Roy's ambulance, with no patients to treat, is being repositioned at Selden Road so its emergency lights can be used to help control traffic. It's in service if needed for a medical call. A DOT plow just arrived on scene, but the truck doesn't have any salt. A chief says, "He can't help us. Don't send him through. I don't need that here."

UPDATE 7:56 a.m.: All vehicles have been removed. Le Roy fire is keeping the road shut down until it's salted. The DOT truck is expected back, with salt.

Here are the closings and cancellations we have so far for Wednesday in Genesee County:

• Batavia City Schools
• Oakfield-Alabama Central Schools
• Elba Central Schools
• Pavilion Central Schools
• Le Roy Central Schools
• Pembroke Central Schools
• Alexander Central Schools
• Notre Dame
• Byron-Bergen Central Schools
• Pembroke Family Medicine until noon
• The Corfu Village Court is closed and court is cancelled.
• The Genesee County YMCA will open at 8:30 a.m., Wednesday, January 8th. No classes or programs will take place before noon.
• P.W.Minor in Batavia will be closed on Wednesday, January 8, 2014 for all employees except Customer Service; Customer Service employees should contact their supervisor for instructions.
• Sonshine Patch Child Care Center
• From UMMC: All services of United Memorial will resume today with the following exceptions due to the weather: Jerome Center Diagnostics will delay opening until 8 a.m., Elective Surgery will be delayed one hour, and Pembroke Diagnostics will be closed this morning. Patients should not drive until the travel ban has been lifted. All staff should plan to report to work as scheduled for today unless notified by their manager.
• Cornell Cooperative Extension Genesee County will delay start time today till 9 am.
• Trash pick-up by Nu Way is delayed a day.

There is hope the travel ban currently in place for Genesee County will be lifted in the morning.

E-mail closings and cancellations to howard@thebatavian.com.

This post will stick to the top of the home page today and we will keep it as updated as we possibly can with weather-related incidents. Other news stories, if any, will continue to be published as normal, so scroll down. Also, scroll down for our post listing cancellations that we know about.

UPDATE 4:20 p.m.: A vehicle skidded down a steep embankment after exiting the westbound Route 490 at the Le Roy exit at Vallance Road. The female driver is said to be in and out of consciousness, possibly due to a medical issue. Le Roy fire and ambulance service are responding.

UPDATE 4:42 p.m. (by Howard): Photo of what it looked like downtown about 10 minutes ago.

UPDATE 5:38 p.m. (by Howard): A blizzard warning is effect until 6 a.m., Wednesday. Snow accumulations of 6 to 12 inches tonight, 9 to 17 inches Tuesday and 1 to 3 inches Tuesday night. Gusts up to 45 mph with visibility near zero. Wind chill below 30 degrees. Numerous roadways will be covered throughout Tuesday. Up to four inches of snowfall per hour are possible at times in the heaviest bands of lake effect snow. High winds will create drifting and blowing snow. Whiteout conditions are expected at times.

UPDATE 6:09 p.m. (by Billie): Route 98 is shut down at Lockport and Oak Orchard roads because of a motor-vehicle accident, unknown injuries, at Quaker Hill and Lockport roads. Elba fire is on scene, Mercy medics arrived non-emergency.

UPDATE 7:55 p.m.: There are three cars off the roadway in the area of Daws Corners. One is unoccupied. Civilians are on scene trying to help and a tow is in route. A trooper is on scene.

UPDATE 8 p.m.: There's a report of a car off the road on Route 77 with an unconscious driver. Darien fire dispatched.

UPDATE 8:02 p.m.: Town of Batavia is responding to a report of a truck off the Thruway. Unknown injuries.

UPDATE 8:05 p.m.: A milk truck half full of milk has overturned on Route 20 near Roanoke Road. The driver is uninjured but is unable to get out of the vehicle. Another car is reported off the road, Route 77, Darien.

UPDATE 8:13 p.m.: Route 20 being closed at Texaco Town and at Pavilion Center Road. A chief says, "it's a complete whiteout up here."

UPDATE 8:18 p.m.: A truck is off the road, partially blocking Route 20 between Smithley and Attica roads.

UPDATE 8:21 p.m.: Photo above of West Main Street, Batavia, at 7:15 p.m.. A Pembroke chief reports a lot of trucks backed up on the westbound Thruway.

UPDATE 8:27 p.m.: To keep up with the latest news on cancellations and closings, click here. We just added a closing for Wyoming County: grand jury postponed for a day.

UPDATE 8:43 p.m.: There's a wrecker coming for the milk truck. Route 20 should reopen in about five minutes. A deputy just cleared a call and asked if there were more calls. "Yeah, a lot of them. One at 20 and Harlow, 20 and 77, though a wrecker's coming for that one."

UPDATE 8:52 p.m.: The tow for the milk truck is coming from Farmington. It has another truck to pump out first. Pavilion is clearing the scene until the tow arrives and Route 20 is being reopened until the tow arrives.

UPDATE 8:56 p.m.: The tow from Farmington is now NOT coming. The Pavilion chief asks if there's a local tow. A dispatcher is checking. The truck (or its cargo) weighs 84,000 pounds.

UPDATE 8:58 p.m.: Genesee County Emergency Services has requested that all volunteer fire departments man their halls with a crew for at least one engine through the next 24 hours.

UPDATE 9:02 p.m.: A Pembroke chief advises dispatchers that truckers are lining up, parked, on the east side of Route 77 near the Flying J.

UPDATE 9:13 p.m.: A truck is off the road in the area of 471 Route 5, partially blocking.

UPDATE 9:23 p.m.: No local tow for the milk truck. When the boss gets their the driver and the boss will talk it over. They may just leave the truck for now.

UPDATE 9:28 p.m.: The on-again-off-again local tow for the milk truck may be on again in about 20 minutes.

UPDATE 9:31 p.m.: A car is in a ditch off Route 20 near Route 63. Two occupants. No injuries reported.

UPDATE 9:49 p.m.: Pavilion fire dispatched to Burley Hill for traffic control because a truck is disabled and blocking multiple lanes.

UPDATE 9:51 p.m.: A trooper trying to find the car in the ditch off Route 20 reported "it's complete whiteout conditions out here." 

UPDATE 9:52 p.m.: The driver of the car says she sees an SUV nearby in a ditch with its four-ways on. The trooper now on scene reports four cars off the road. The dispatcher reports, "she's excited to see you." The trooper replies, "and I'm excited to see them, too."

UPDATE 9:55 p.m.: The trooper reports the car isn't really in the ditch, but there's a lot of snow and no visibility, so the driver is just staying put for now. They do have a baby on board. The trooper is checking on the other cars.

UPDATE 9:59 p.m.: The trooper is giving a woman driver a ride home and picking up the two women with a child. "They're not going anywhere fast."

UPDATE 10:14 p.m.: There's much less activity now. Unless circumstances change, we're suspending updates to this post. (Time to try get some sleep and be ready for tomorrow.)

UPDATE 10:45 p.m.: There's a water main break on Ross Street. Route 63 is reopened. 

UPDATE 10:48 p.m.: They can't offload the milk. It's not leaking. The owner is considering just leaving it until the weather clears. A GCSO supervisor says that's fine if it isn't a hazard. The deputy and owner are going to discuss it some more. There are now two heavy wreckers and a service truck in route to that location from a another call.

Deborah A. Blackmar, 50, of Le Roy, Miranda A. Ralston, 27, of York, and Aaron M. Higgins, 33, of York, are all charged with petit larceny and conspiracy, 6th. Ralston and Higgins are also charged with criminal possession of stolen property. State Police in Warsaw accuse the trio of stealing, on two separate occasions in December, merchandise from the Walmart in Warsaw. The items allegedly stolen include two flat-screen TVs, a Blue Ray disc player, a laptop computer and other items, with a total value of $1,500. Most of the items were allegedly recovered at a residence in York. The Sheriff's offices in Livingston and Genesee counties, along with Le Roy PD, assisted in the 10-day investigation, which culminated in the Dec. 28 arrest of the three suspects.

Donald E. Cameron Jr., 54, of 9200 York Road, Le Roy, is charged with DWI and refusing to take breath test. Cameron was arrested after Le Roy PD was dispatched to McDonald's to check on the welfare of a woman. By the time, officers arrived, the woman had left McDonald's, but was located in a vehicle operated by Cameron. She was fine, but upon further investigation, officers determined that Cameron had allegedly been driving drunk.

Justin Samuel Fagan, 28, of Ellicott Street, Batavia, is charged with assault, 2nd. This is an upgraded charge. Fagan was arrested and initially charged with third-degree assault on Dec. 29 following an alleged incident at the Blue Dog Saloon in Attica. The upgraded charge alleges serious physical injury to the victim.

Michael Christopher Schulz, 31, of Buffalo Street Road, Attica, was arrested on a Family Court warrant. Schulz was arrested by Attica PD on a Family Court warrant and turned over to the Genesee County Sheriff's Office. Schulz was jailed on $2,000 cash bail or $4,000 bond.

Troy Christian Shepard, 31, of Tracy Avenue, Batavia, is charged with petit larceny. Shepard is accused of shoplifting at Walmart.

A house fire is reported at 9284 Robbins Road. Le Roy Fire Department is responding along with a Le Roy ambulance and a ladder truck from Bergen.

UPDATE 8:15 p.m.:  A responder reports it's a kitchen stove fire.

UPDATE 8:18 p.m. (by Howard): A chief requests a thermal camera. "It may have gotten up into the ceiling," he says. The City of Batavia's Fast Team is requested to the scene.

UPDATE 8:22 p.m. (by Howard): Pavilion responding. Stafford requested to Le Roy's hall.

UPDATE 8:24 p.m.: Interior firefighter reports the fire is knocked down. Checking for extensions.

View Larger Map

A 28 year old Le Roy man accused of stealing high voltage wire didn't appear for his sentencing today reportedly because he's been hospitalized at Strong.

Meanwhile, Judge Robert C. Noonan said that he's been notified Michael A. Nicometo, of 45 North St., hasn't reported to Genesee Justice per the terms of his release under supervision since Oct. 30.

In November, a warrant was issued for his arrest.

Nicometo's attorney, Brian Degnan, was given until close of business tomorrow to produce documentation that his client is indeed hospitalized.

"I have no problem picking a date (for Nicometo's next appearance), but if he's at liberty and located, he will be brought in," Noonan said.

Nicometo entered a guilty plea Sept. 20 to one count of third-degree burglary on an Alford basis. An Alford plea means the defendant is not admitting to the crime, just that the evidence, if presented to a jury, would likely lead to his conviction.

He was indicted by a Genesee County grand jury in early September on two counts of burglary, 3rd, and one count of grand larceny, 3rd.

Police arrested Nicometo in March following an investigation into the theft of high voltage wire from industrial complexes in the Le Roy area. He and an alleged accomplice were later accused of doing $32,000 in damage to the Dolomite facility in Le Roy.

The new scheduled sentencing date for Nicometo is 9 a.m., Jan. 17.

A chimney fire is reported at 7231 Lyman Road, Bergen.

Bergen fire is responding with mutual from Le Roy.

The first chief on scene reports smoke coming from the structure.

At the same time as this call, Le Roy has a call in the village for medical assistance. Pavilion is being dispatched mutual aid.

UPDATE 6:54 p.m.: Le Roy is back in service.

UPDATE 7:14 p.m.: Bergen is back in service.

Justin Samuel Fagan, 26, of Ellicott Street Road, Batavia, is charged with assault, 3rd. Fagan allegedly punched another person in the head causing that person to lose consciousness while at the Blue Dog Saloon on Attica Road, Darien, at 12:55 a.m. Sunday. Fagan allegedly fled the scene and was later located by a state trooper in Batavia.

Christopher Michael Rheinheimer, 24, of Chick Road, Darien, is charged with DWI, moving from lane unsafely, unreasonable speed and refusal to take breath test. Rheinheimer was reportedly involved in a motor-vehicle accident at 1:29 a.m. Saturday on Attica Road, Darien, which was investigated by Deputy Jason Saile.

Sutton Ken Carhart, 19, of Clipnock Road, Stafford, is charged with unlawful dealing with a child, 1st. Carhart allegedly provided alcohol to several people who were under age 21.

Jacob Michael Risewick, 20, of West Bergen Road, Le Roy, is charged with unlawful possession of alcohol by a person under age 21. Risewick was allegedly in possession of alcohol while at an underage drinking party on Clipnock Road.

Amanda Ashley Stranc, 22, of Alleghany Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable or prudent and moving from lane unsafely. Stranc reportedly observed a motor vehicle accident while driving on Attica Road, Darien, at 1:30 a.m. Saturday, and lost control of her car, becoming involved in a secondary motor-vehicle accident, while attempting to stop and assist the other motorist. The accident was investigated by Deputy Patrick Reeves.

A 17-year-old resident of Lake Street, Le Roy, is charged with unlawful dealing with a child, 1st, and criminal trespass, 2nd. The youth allegedly hosted an underage drinking party at 8341 Harris Road, Le Roy.

Elijah Absalon Seelay, 18, of Old Meadow Road, Rochester, is charged with unlawful possession of marijuana. Seelay is accused of possessing marijuana while at an underage drinking party at 8341 Harris Road, Le Roy.

Mitchell Robert Mulford, 20, of Attridge Road, Churchville, is charged with unlawful possession of marijuana and unlawful possession of alcohol. Mulford was arrested at an alleged underage drinking party at 8341 Harris Road, Le Roy.

Miguel Angel Dejesus, 66, of Perry Road, Pavilion, is accused of violating a release under supervision contract. Dejesus was jailed on $2,000 bail or $5,000 bond.

Danny Jay Torok, 26, of Dodgeson Road, Alexander, is accused of a violation of a Family Court act. Torok is accused of failure to appear for a scheduled Family Court appearance.

Philip Robert Perry, 27, of Ellsworth Avenue, Batavia, is charged with failure to pay fine imposed by court. Perry is also charged with promoting prison contraband, 1st, and criminal possession of a controlled substance, 7th. Perry was allegedly found in possession of a controlled substance while being processed into the Genesee County Jail.

A six-wheel truck hauling propane rolled over on Route 19, south of Route 20. The truck is on its side. The driver is said to be confused and has a head injury with a couple of lacerations. The truck is leaking fuel. Pavilion Fire Department is responding along with Mercy medics. Le Roy fire is asked to stand by in Pavilion's hall. Winds are 11 mph out of the Northwest. Traffic will be stopped at Pavilion Center Road.

UPDATE 1:41 p.m.: Route 19 will be shut down at Route 20.

UPDATE 1:44 p.m.: The driver's employer, Griffith, was contacted and a rep has arrived on scene. The truck had 50 gallons of propane remaining in its tank at the time of the rollover. County emergency management team members will be responding and are staging at the fire training center. "All those civilian people -- I want them far back behind the line. I don't want them hanging around there,"  says the Pavilion chief.

UPDATE 1:56 p.m.: Pavilion command cancels the county emergency unit's response.

UPDATE 2:33 p.m.: The driver was taken by ground ambulance to Strong Memorial Hospital. Firefighters are cleaning debris from the roadway.

Amy Lynn Showler, 38, of South Manhattan Avenue, Batavia, is charged with petit larceny and trespass. Showler is accused of stealing $7.76 in merchandise from Walmart.

A 17-year-old resident of Main Street, Corfu, is charged with trespass. The youth allegedly entered a residence on Lovers Lane Road without the owner's permission.

Dimetrious Trudell Williams, 24, of Pearl Street, Batavia, is charged with unlawfully dealing with a child. Williams allegedly supplied alcohol to a person under age 21.

Molly Ann Kirsch, 24, of Bonnie Brea Drive, Darien, is charged with DWI, driving with a BAC of .08 or greater, driving left of pavement markings in a no passing zone and failure to keep right. Kirsh was stopped at 12:08 a.m. Saturday on Sumner Road, Darien, by Deputy Jason Saile.

Aaron Matthew Zastrocky, 29, of Mill Street, Le Roy, is charged with felony DWI, moving from lane unsafely, speed unreasonable for conditions and no seat belt. Zastrocky was allegedly the driver involved in a motor-vehicle accident reported at 11:18 p.m. Dec. 20 on Lake Road, Le Roy. The accident was investigated by Deputy Joseph Corona.

Joshua David Quaintance, 25, of Byron Road, Bryon, is charged with criminal mischief, 4th. Quaintance is accused of punching the window out of a vehicle on Townline Road, Byron.

Andrei Karpovich, 42, of Ibis Club Drive, Naples, Fla., is charged with harassment, 2nd. Karpovich allegedly slamming the hand of another person in a truck door during an argument at the Flying J at 5:54 p.m. Dec. 18.

Wendy J. Nelson, 44, of Le Roy, is charged with petit larceny. Nelson is accused of stealing from Walmart.

Scott F. McColl, 42, of Pavilion, is charged with DWI, driving with a BAC of .08 or greater and unlawful possession of marijuana. McColl was stopped at 10:05 p.m. Thursday by State Police on Black Road, Pavilion.

A school bus reportedly backed in a vehicle, then left the scene at 7992 Oatka Trail in Le Roy. It's unknown whether the driver was aware of hitting the vehicle. There are no injuries. The school bus garage is awaiting the driver's return to get more information.

UPDATE: A police officer who responded to the scene said the struck vehicle was significantly damaged.

Duane Lewis Garlow, 29, of 110 Woodcroft Drive, Rochester, is charged with felony DWI, felony driving with a BAC of .08 or greater, unreasonable speed in a curve and unsafe lane change. Garlow was charged following a motor-vehicle accident at 12:33 a.m., on Perry Road, Le Roy. Garlow's vehicle reportedly struck a stop sign and utility pole after failing to negotiate a curve in the roadway. The accident was investigated by Deputy Frank Bordonaro.

Emma Jean Brinkman, 58, of Batavia, is charged with petit larceny. Brinkman is accused of shoplifting from Walmart and stealing $43.23 in merchandise.

Eva Gristina Hernandez, 23, of Spencer Court, Batavia, is charged with petit larceny. Hernandez is accused of shoplifting from Kmart and stealing $41.58 merchandise.

Le Roy residents, business owners, community leaders and public safety officials packed into the Le Roy Town Hall Monday night to express their opposition to potentially reducing the number of lanes through the village. A proposed plan would make Main Street two lanes instead of four.

The public meeting was hosted by Le Roy Business Council and was attended by NYS Department of Transportation officials.

DOT Regional Traffic Engineer David Goehring said that Le Roy was targeted as an area that needs minor, preventative resurfacing. As part of the project, they looked at the roads and discussed with village leaders ways to make the village more pedestrian and parking friendly, concerns about speeding, as well as traffic issues at the corner of routes 5 and 19, Lake Street.

Using DOT jargon such as “calming traffic” (slowing down traffic) and “road dieting” (reducing the size of current roads) he cited research that shows how four-lane roads encourage speeding and quick lane changes, as well as being a tight squeeze for trucks and people parked on the street. 

“We looked at traffic volume and saw an opportunity for 'road dieting' when preventive maintenance to pavement on Route 5 is performed in July -- dieting the current four lanes in order to trim them down to two lanes,” Goehring said. “The volume of traffic that comes through Le Roy would allow a single lane of traffic in each direction to accommodate it.”

The plan reduces the four-lane traffic that runs from the railroad overpass eastward to Le Roy Country Club into wider, single lanes of traffic in both directions and a middle turning lane, along with modifications to increase the turning radius at the intersection of routes 5 and 19.

The proposed route would have a 14- to 16-foot-wide center lane throughout the village, with 10-foot-wide parking spaces on both sides of the street in the business district. Parked traffic would have an additional eight feet of space between them and vehicle traffic due to the installation of “bike lanes” in both directions.

“This tends to reduce speed and reduce rear-end accidents because left-hand turn traffic is not in a live lane. People exiting driveways only have to gauge one lane both ways and can turn into the center lane, which gives you a refuge spot to get in and out of your driveway,” DOT Civil Engineer Brad Walike said.

Le Roy Mayor Greg Rogers and Town Supervisor Stephen Barbeau both said their constituents would prefer downtown parking be the focus of the changes, not the roadways.

“In an ideal situation, we’d like to see reverse diagonal parking and keep the existing highways the same,” Rogers said. “I don’t know if we have the right to request this, but that’s our feeling.”

Reverse diagonal parking allows traffic to back into slots instead of pulling in.

Emergency responders warned that they need the extra space to maneuver through downtown.

“When we respond on Route 5 going east, traffic has a place to get out of the way. There would hardly be enough room for our trucks to get down Main Street under the proposed new plan,”  Le Roy Fire District Chief Tom Wood said. “We think you need to take a closer look at the west side, near the underpass.”

Le Roy resident John Duysson, a deputy whose job with the Sheriff's Office includes accident reconstruction, said he understood the plan, but disagreed with some of it. Besides improving traffic at the intersection of routes 5 and 19, he said he believes it will only increase traffic congestion.

“You’re dead on about routes 5 and 19, but on the rest, you’re nuts,” Duysson said. “I disagree with the proposal all the way through.”

Le Roy Historical Society Director Lynne Belluscio said the traffic pattern along Route 5 in Batavia keeps her from going downtown and she’s afraid people will feel the same way about coming into the village.

“I’m concerned people will feel it’s easier just to go around Le Roy,” Belluscio said.

Goehring said the projects in Batavia and East Bethany weren’t the best comparisons to the proposed Le Roy plan, which he equated more to the traffic plan implemented in Avon along Route 5.

NYSDOT officials will consider the community input and meet with local officials with a revised plan early next year.

A community forum to discuss a Route 5 resurfacing project will be held at 5:30 p.m., Monday, at the Town Hall in Le Roy.

The informal discussion is hosted by the Le Roy Business Council and will include officials from the NYS Department of Transportation.

The project involves potentially reducing the number of lanes on Main Street in Le Roy from four to two.

Topics will include the project itself, how the project came to be, input from public safety officials and local businesses as well as community leaders.

The Le Roy Town Hall is located at 48 Main St.