Le Roy

Jody B. Gillett, 50, of Pine Hollow Drive, Batavia, is charged with DWI and driving with a BAC of .18 or greater. Gillett was arrested after allegedly being observed by Le Roy Police Officer John Duyssen driving at an excessive speed and spinning the car around in the Tops Market parking lot.

As a precautionary measure, the children at Wolcott Street School in Le Roy are being evacuated because of the smell of natural gas.

Rochester Gas & Electric Co. has been notified. Le Roy fire and ambulance crews are responding in case they are needed.

UPDATE 11:56 a.m.: Wolcott Street is being shut down. RG&E is on location. All Le Roy manpower is called to the scene. The school is at 6 Trigon Park.

UPDATE 12:08 p.m.: RG&E has pinpointed where the natural gas smell is coming from and is fixing it. But the children are continuing to exit the school as instructed. An officer asks if a group of kids wearing T-shirts from gym class can be escorted to the nearby church and/or MacDonald's to keep warm. A supervisor says "I think we're going to have to put everybody in the far building on Trigon Park." A fire truck is told to park at an intersection close by, not sure which one, to help control traffic.

UPDATE 12:19 p.m.: All Le Roy ambulance units are put back in service, leaving the scene.

UPDATE 12:23 p.m.: Fire police are reopening the intersection at Main and Wolcott, and Wolcott Street as well.

A 48-year-old woman is facing two felony charges, accused of stealing $6,172 from her employer, a child-care facility.

Doris M. Castle, of 8325 Vallance Road, Le Roy, is charged with grand larceny, 3rd, and falsifying business records, 1st.

Castle is accused of pocketing funds from clients who paid in cash for child-care services.

Det. John Condidorio said Castle also allegedly altered a cash receipt journal in order to try and cover up her alleged thefts.

Castle was releasedon her own recognizance.

Rebecca A. Chatley, 19, of 61 Mill St., Le Roy, is charged with grand larceny, 4th. Chatley is accused of going through the purses of fellow employees at a business in the Village of Le Roy. When confronted, Chatley was allegedly found in possession of another employee's debit card. Chatley was released on an unspecified amount of bail.

Melissa Ann Peterson, 25, of Jackson Street, Batavia, is charged with petit larceny. A complainant reported on Dec. 22 that Peterson failed to return a set of keys. Peterson reportedly denied repeatedly having the keys, stating adamantly, according to a Sheriff's Office release, that she returned the keys.  Peterson then later turned the keys over to the Sheriff's Office.

Summer Ogden, 34, of Ellicott Street, Batavia, who has a previous conviction for criminal possession of a weapon, 3rd, is charged with resisting arrest, attempted criminal mischief, 4th, and criminal tampering, 3rd. Ogden was reportedly being held in Wyoming County Jail for an unrelated incident. A warrant was issued for her out of Town of Batavia Court on the listed charges. (Previous Reports)

Assante Darrell Huggins, 18, of Brunswick Boulevard, Buffalo, is charged with petit larceny. Huggins was arrested on a Darien Town Court warrant following his release from the Erie County Holding Center on an unrelated charge. Huggins was jailed on $500 bail.

Kipa Luii Limonti, 39, of Roebling Avenue, Buffalo, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 3rd, and no vehicle inspection. Limonti's vehicle was stopped by a State Trooper for alleged traffic violations at 12:40 p.m., Jan. 3, on Park Road, Batavia. The vehicle allegedly had a 2009 inspection sticker and a bald front right tire. Deputy Brian Thompson provided backup for the trooper and his K-9 "Pharaoh" allegedly alerted on the vehicle and Limonti was allegedly found in possession a small amount of marijuana.

Phylicia L. M. Carey, 18, of North Street, Le Roy, is charged with DWI, and driving with a BAC of .18 or greater. Carey was reportedly involved in a two-car accident on Church Street. Carey's car reportedly hit a parked car and then a utility pole. Carey was arrested by Le Roy Police.

Dennis Kaijage Stambuli, 18, of Sutton Park Road, Poughkeepsie, is charged with unlawful possession of marijuana. Stambuli was allegedly found in possession of marijuana by Deputy Kevin McCarthy, who responded to a complaint of a loud party in the Village of Oakfield at 9 p.m., Jan. 14. A 17-year-old was arrested and charged with unlawful possession of marijuana at the same time.

Angela Maria Draper, 34, of Transit Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Draper was allegedly involved in a one-car accident at 2:47 a.m., Saturday, on Route 63. Her car reportedly went into a ditch and struck a mailbox. The accident was investigated by Deputy Howard Carlson.

Scott E. Clark, 49, of 172 1/2 South Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and speed not reasonable. Clark was reportedly involved in an accident at 10:30 p.m., Friday, on Ellicott Avenue near Washington Avenue, Batavia. Clark's car reportedly slid into a curb and rode up the guide wire of a utility pole, coming to rest on its side. Clark was not injured in the accident. (Initial Report)

Ryan Rast, of South Street in Le Roy, stands next to a giant snowman he built in his front yard with his buddy Ben Long.

A Le Roy man accused of making at least one sexually explicit video involving a minor isn't being held in jail because of the case's individual circumstances, said the Le Roy Police Department detective who made the arrest.

Det. John Condidorio said it was his recommendation that Stephen M. Smith be released to the supervision of Genesee Justice following his arraignment in Le Roy Town Court on charges of possessing a sexual performance by a child, promoting sexual performance of a child and use of a child in a sexual performance.

The detective said such decisions are rendered on a singular basis and the law.

"Each case needs to be looked at individually and it's totally (up to) the police department, the district attorney's office and the courts," Condidorio said.

It is the "looking at the totality of the case" that explains, Condidorio said, why Smith's case wasn't referred to federal authorities, and why supervision by Genesee Justice while the charges are pending fits the circumstances.

Smith, however, may yet face statutory rape charges once State Police detectives complete their own investigation.

The video, or videos, allegedly involving a minor from Le Roy, were not made in the Village of Le Roy. Condidorio jurisdiction is confined to the village.

Meanwhile, a person who has identified herself as Smith's girlfriend, who is also the minor child who may have been involved in the videos, has left comments on Facebook and sent an e-mail to The Batavian defending Smith.

The girl said Smith is embarrassed by the charges and upset by reading accounts of the case in the media.

She said she's known Smith since 2006 and they've been involved in a relationship since Aug. 24, 2008. She said he is the father of her 8-month-old child.

"I'm writing because I am concerned with what was stated in the posts about Stephen's charges," the girl wrote. "I fully understand that what I have to say most likely won't matter to anyone because people will judge him because of this no matter what is said or isn't said. That is fine, because anyone that KNOWS him on a personal level, knows that he is not some sick predator."

The girl writes that Smith used a camera that had been given to her as a present and indicates that making the video or videos was her idea.

She said she left the camera at Smith's residence unintentionally and it was seized when detectives searched the place.

"I had Stephen call the day after they confiscated our things and informed them that there was going to be inappropriate content on my camera," she wrote.

Condidorio said he couldn't discuss the content of the girl's Facebook post or even confirm that the victim was female.

He said he was prohibited from discussing the case in detail and could only talk in general terms about how similar cases are handled.

"It is our policy in the police department to try and protect victims of any crime as much as possible," Condidorio said. "But it is still a free country and it is not our policy to try and control the actions of victims."

Even though the girl sees herself as somebody who is in a relationship with the accused, at 16 or 17, under New York state law, she is not old enough to consent to sexual relations.

Besides the alleged video involving the girl, Smith is also accused of using a video file sharing service to pass along and download videos involving other minor children engaged in sexual activity.

The type of service Smith is accused of using is called peer-to-peer, which means users install software that allows them to share the contents of specific folders on their own hard drives.

The case was brought to the attention of Le Roy Police when New York State Police Computers Crime Unit notified the Le Roy Police Department that a person at 41 Elm St. in Le Roy allegedly possessed, and was sharing sexual videos of, underage children via the Internet.

Condidorio stressed that there is no evidence that Smith shared video involving the alleged local victim in this case.

The girl said she and Smith were upset when the case was first reportedly publicly.

"It sincerely made me nauseous and shaky when I first read this article on Wednesday night -- to know that the reputation of someone you love has been destroyed for something blown so far out of proportion," the girl wrote.

"And to know that he would be viewed in a disgusting way by the public. The look on Stephen's face when he read this article was unexplainable. I have never felt how I have these past few days."

A Le Roy man is facing three felony charges after he allegedly lured a young acquaintance into performing sexual acts in front of a camera and then sharing those videos online. CORRECTION: Det. John Condidorio sent a note this morning saying there is no evidence that the video the suspect made was shared online.

He's also accused of downloading and sharing other sexual content involving other children through a file sharing service.

Stephen M. Smith, 21, of 41 Elm St., Le Roy, is charged with possessing a sexual performance by a child, promoting sexual performance of a child and use of a child in a sexual performance.

Smith allegedly lured a person under age 17, whom Det. John Condidorio describes as "an acquaintance" of Smith's who also lives in Le Roy, into performing a sexual act and then making the video available on the Internet through a file sharing service.

File sharing services allow person share music, video and pictures directly from his own hard drive with other people on the Internet using the same software.

Quite often such services are used to share pirated music and movies among users.

The first charge accuses Smith of possessing sexual material involving children under 16, the second accuses him of allowing such material to be shared online and the third involves luring the Le Roy minor into a sexual performance.

Condidorio said he doesn't believe any other local minors were involved in making videos with Smith.

Smith was arraigned by Justice Kermit Arrington of the Le Roy Town Court and released under supervision of Genesee Justice.

No federal charges are pending and Condidorio said Smith has been cooperative throughout the investigation.

The investigation began in March when the New York State Police Computers Crime Unit notified the Le Roy Police Department that a person at 41 Elm St. in Le Roy allegedly possessed and was sharing sexual videos of underage children via the Internet.

A joint investigation was initiated and in July of 2010, the Le Roy Police executed a search warrant at the residence and secured computers and video cameras. These were later examined at the Western Regional Computer Forensics Lab in Buffalo and allegedly possessed sexual videos of underage children.

Mickey Harlan DeJesus, 22, of Perry Road, Pavilion, is charged with criminal contempt, 2nd. DeJesus is accused of contacting a female he was ordered not to contact. The protection order was issued by Town of Le Roy Court. DeJesus was jailed on $500 bail.

Brian Richard Gombos, 21, of Britt Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, speed not reasonable and moving from lane unsafely. Gombos was arrested following a traffic accident at 2:39 a.m. today in the area of 7104 Quinlan Road, Le Roy. Gombos's car reportedly struck a utility pole. There were no injuries in the accident.

Jeffrey Allan Mooney, 57, of Quaker Road, Albion, is charged with driving with ability impaired by drugs, no license plate lamp, insufficient tail lamps and leaving scene of a property damage accident. Mooney is accused of driving a car that struck gas pumps at Yellow Goose in Elba and then leaving the scene at 4:41 p.m., Jan. 6. Following a tip from a witness, Mooney's car was spotted on Route 98 in the Town of Batavia by Deputy Cory Mower.

Kevin Robertson, principal at Holy Family School, Le Roy, submitted this item about Lorie Longhany's art classes at the school.

Since returning from Christmas break, there has been a lot of bustling activity in Mrs. Longhany's Art Room at Holy Family School.

Kindergarten has been learning about texture and tone, and have created portraits of cookie monster.

Others are exploring units on penguins with warm/cool projects -- with crayons for first grade, collages in second grade -- where glaciers and icebergs are incorporated in South Pole landscapes. Third-graders are currently working on papier-mache penguins from recycled juice bottles, a favorite of Holy Family students!

Fourth-graders are creating Native American symbols and shields, fifth-graders are designing a 3-D meal from salt clay. Meanwhile, sixth-graders are venturing back to Ancient Egypt and creating scareb amulets and gold scratch-art portraits of King Tut using hieroglyphics.

Seventh-graders are working on tempera painting in pop-art style using tinting techniques. Eighth-graders are exploring the gold-guilded work of Austrian artist Gustav Klimt with portrait scratch-art.

Visual Arts are an important experience at HFS where an emphasis is put on cross-curriculum as well as art fundamentals, which also include faith-based projects centered around the yearly Catholic calendar. Pictured above with art teacher Longhany are Holy Family's Artists of the Week.

One of Batavia's landmark signs has been partially shut off the past few nights, and a new sign has gone up on the historic Pontillo's location. It reads "Batavia's Original."

Meanwhile, an ad in the Le Roy PennySaver this week announced that the Le Roy Pontillo's location will close its doors Thursday. All gift certificates for that location must be used by that date, the ad said.

The owners of the Batavia Pontillo's/Batavia's Original were served with a federal trademark infringement suit in September. There's no word on the status of that lawsuit.

In October, it was disclosed that the Le Roy location is allegedly delinquent in taxes, with $24,261 owed to the county, school district, village and town.  If not paid, the property could go up  for auction in March. UPDATE: County Treasurer Scott German says the property taxes were paid in December.

Sam Pontillo told WBTA that his parent's estate owned a majority share of the Le Roy location.

"I didn't want to be tied to there with the mortgage anymore," Pontillo said. "So, I think it's time for something new for me."

In November 2008, when the Batavia Pontillo's location closed, Sam Pontillo told the Batavia Daily News: "I do not own that one," Sam said, pointing west toward Batavia from the Le Roy Pontillo's. "I own this one."

The estate has been tied up in a protracted lawsuit.

On Monday, the New York Lottery announced the name of a Leroy Mega Millions player who won $10,000 in the drawing held on Jan. 4. The winner, Roger Laird, purchased the winning ticket at the Hess Mart at 204-210 West Main St. in Batavia.

Lottery prizes up to $600 may be cashed at any of the Lottery's 16,000 licensed retailers statewide. Lottery prizes valued at $601 to $999,999 may be claimed at any of the Lottery's seven stand-alone Customer Service Centers, including locations in Buffalo and Rochester. They can also be cashed at any of the Lottery's eight gaming facilities including Batavia Downs Casino and Finger Lakes Gaming & Racetrack (in Farmington).

Prizes of $1,000,000 or more must be claimed at one of the stand-alone Customer Service Centers.

For more information on how to cash a winning Lottery ticket, click the "Ask New York Lottery" tab at <http://www.nylottery.org>.

Cortney L. Richardson, 28, of 77 Walden Creek Drive, Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, speed not reasonable and failure to keep right. Richardson was charged following a one-car, non-injury accident on Bank Street, Batavia, at 2:40 a.m., Friday. Richardson's car reportedly hit a fire hydrant on Bank Street after he allegedly failed to negotiate a turn at Denio Street. Bail was set at $7,500.

Mark Wilhem Hanel, 39, of Swamp Road, Bergen, is charged with criminal contempt, 2nd, and criminal possession of a controlled substance, 7th. Hanel is accused of being in the house of a person he was barred by court order from contacting. Upon his arrest, Hanel was searched and allegedly found in possession of a controlled substance. Bail was set at $2,500.

John M. Taggert, 28, of 16 North Lyons St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and operating with insufficient headlights. Taggert was stopped on Main Street, Village of Le Roy, at 12:30 a.m., Saturday, by Le Roy Police.

John R. Sherman, 33, of Lima, is charged with DWI, driving with a BAC of .08 or greater and following too closely. Sherman was stopped at 10:20 p.m., Friday, on Route 5 in Stafford by State Police.

The Sheriff's Office is looking for anybody who witnessed a non-injury accident Thursday morning on Route 19, Le Roy.

The accident occurred at 6:14 a.m. in front of Le Roy Manor, 8678 Lake Street Road.

A green 2000 Ford Taurus, driven by Deborah A. Rodgers, 43, was pulling from the driveway of Le Roy Manor preparing to turn south when it was struck by a red 2002 Hyundai driven by Leslie J. Exford, 48.

Exford was passing a northbound tractor-trailer. The accident occurred in the southbound lane.

Witnesses are asked to call Deputy Frank Bordonaro at 345-3000, ext. 3229.

If you live Le Roy and items went missing from your car or garage the night of Dec. 12, the Le Roy Police may have recovered your missing items.

The police are asking individuals who may have found items missing to come forward and identify the property.

Officers believe the items were stolen by three individuals first observed running from Officer R. Tygart in backyards along Summit Street and Hilltop Drive.

Officers followed the footprints in the snow from Hilltop Drive to Washington Street, Union Street and Crossing Route 19 and then down Munson Street.

The three suspects were eventually located on Gilbert Street and taken into custody. They reportedly admitted to stealing items from cars along the way.

The property recovered: numerous $1 bills, coins, a Sansa MP3 player, an unopened pack of Seneca brand cigarettes, three lighters, two flashlights, some eyehooks, one opened pack of Market menthol cigarettes and one knife.

Also found in the area and believed stolen was one gray plastic tote bin (pictured) consisting of Arizona ice tea, 24 oz. bottles of Dr. Pepper, packs of Orbit Mist gum, Wrigley’s gum and lollipops.

The Le Roy Police are attempting to locate the owners of this property. If your vehicle or garage/residence was entered during this time frame and/or property was found missing, please contact the Le Roy police as soon as possible at 768-2527.

A two-car head-on collision as been reported in front of Orcon Industries, 8715 Lake St. Road, Le Roy.

The initial caller reported it was a low-speed impact, but there are apparently minor injuries.

Traffic is being shut down at Route 19 and West Bergen Road.

There are fluids in the roadway.

Le Roy Fire and Ambulance responding.

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Steven Noel Paladino, 50, of Le Roy, is charged with petit larceny. Paladino is accused of shoplifting three packages of meat from Tops Market.

Mark Wilhelm Hanel, 39, of Swamp Road, Bergen, is charged with unlawful imprisonment, 2nd, criminal mischief, 4th, and harassment, 2nd. Hanel was charged following an alleged domestic incident at 8:10 p.m., Friday, in Bergen. Bail was set at $1,500.

Jamie Scott Wolbert, 22, of Lovers Lane, Pembroke, is charged with DWI, driving with a BAC of .18 or greater, failure to keep right and improper turn at an intersection. Wolbert was charged after his car was reportedly found in a ditch off Lovers Lane at 1:29 a.m., Saturday, by Deputy Kevin McCarthy.

Bruce Karl Knepper, 26, of Forestall Lane, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and driving left of the pavement markings. Knepper was stopped at 6:08 a.m., Saturday, on Broadway Road, Alexander, by Deputy Kevin McCarthy.

Kyle W. Nash, 23, of Myrtle Street, Le Roy, is charged with disorderly conduct. Nash is accused of failing to leave the property of another person. He was arrested Saturday.

Mickey H. DeJesus, 22, of Perry Road, Le Roy, is charged with harassment, 2nd. DeJesus is accused of threatening another person.

Amy R. Sellhorst, 25, of York Road, Le Roy, is charged with assault, 2nd. Sellhorst is accused of hitting another person in the face with a blunt object during an incident on Sunday. The other person was reportedly injured. Bail was set at $1,500.

Amber L. Pellett, 27, of 11642 Platten Road, Lyndonville, is charged with DWI and inadequate headlamps. Pellett was stopped at 2:26 a.m., Thursday, on West Main Street, Batavia, by Officer Kevin DeFelice.

Coming back from Victor this afternoon, I took the 5&20 into Genesee County, and then, well after sunset, I hit some back roads in Le Roy. I came across this barn on Asbury Road.

When it comes to ringing in the new year, there will be no shortage of good food and fun times in Batavia.

From special menus to live music, Batavia's restaurants and taverns are inviting residents to join friends, family and neighbors in saying goodbye to 2010 and hello to 2011.

The festivities start early at O'Lacy's on School Street, where everybody's favorite Irish pub will celebrate the flip of the calendar on Dublin time.

O'Lacy's will have an Irish band playing from 5 to 8 p.m., with a break at 7 p.m. -- that's midnight in Dublin -- to toast in the New Year. The pub closes promptly at 9 p.m.

But no worries, the party can continue all night in Batavia. Just around the corner and within a block are Center Street Smoke House and T.F. Brown's.

At Center Street, you can put your glad rags on and bop in your suede shoes to the rockabilly twang of Kickstart Rumble from 9:30 p.m. to 1:30 a.m. There will be free pizza at 1 a.m.

At T.F. Brown's, the rock band In Plain View plays from 10:30 p.m. to 2 a.m. On the special dinner menu are twin center-cut pork chops in a honey glaze and a surf-and-turf for two that features two 16-oz. sirloin steaks, shrimp, mashed potatoes and a side salad.

There will also be live music at South Beach from 6 to 9 p.m. with John Canale and a three-piece jazz band. For dinner, there will be a buffet, with the kitchen open until 11 p.m., and the bar will be open as late as there are customers to serve.

Delavan's will also keep the bar open as late as there are people buying drinks. The kitchen closes at 9 p.m. and on the special New Year's Eve menu are chicken Oscar, seafood-stuffed haddock and lobster ravioli.

Larry's Steakhouse will feature oysters Rockefeller and the featured steak is a 22-oz. cowboy-cut, bone-in ribeye served with a garlic peppercorn crust. The surf-and-turf is prime rib and lobster tail.

Alex's Place will serve dinner until 11 p.m. and stay open until at least midnight. The featured items are braised lamb shanks and crusted sea bass. Of course, ribs, steaks and prime rib as well as a selection of seafood are always on the menu.

Outside of Batavia, if you were thinking Red Osier, well, let's hope you already have your reservations. The legendary restaurant is booked through 9:30 p.m.

In Le Roy, D&R Depot's kitchen is open until 9 p.m. and will feature a Chateaubriand for two, carved table side.

Of course, if you're out drinking, you shouldn't drive. 

Deputy Chief Gordon Dibble offered good advice: "Plan ahead."  If you don't have a designated driver, at least have the number of a friend who can pick you up if you drink more than planned. 

There are three local cab services: Batavia Cab Co. 343-5130; Mike's Taxi Service 343-3309; and Checker Cab of Batavia 300-9376.

If you really want to plan ahead, Mancuso Limousine can still accommodate three more reservations (at the time of writing). If somebody finds themselves stuck at a bar or restaurant after midnight, there is a chance Mancuso could provide a ride (for a fee, of course). Mancuso can be reached at 343-1947.

(name redacted upon request -- case sealed), 16, of Cary Avenue, Oakfield, and (name redacted upon request -- case sealed), 17, of North Pearl Street, Oakfield, are charged with grand larceny, 4th, criminal mischief, 3rd, both felonies, and trespass. xxxx and xxxx are accused of trespassing on the Allen Food's property in Oakfield and causing $250 damage to property there, as well as stealing more than $1,000 in property. The alleged incident occurred at 2 a.m., Sunday. The case was investigated by Deputy Howard Carlson.

Phylicia L. Carey, 18, of Le Roy, is charged with attempted assault, 3rd. Carey is accused of attempting to assault a man who was in the custody of State troopers in Warsaw on Dec. 20. Carey was jailed on $5,000 bail. (Source: D&C)

A Le Roy-based drug dealer must spend two years in federal prison, a U.S. District Judge in Rochester decided today.

Edgardo Guzman, 33, was convicted in February 2008 of conspiracy to possess with intent to distribute and to distribute, 500 grams or more of cocaine and possession of a firearm by a convicted felon.

Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that a joint federal and local investigation revealed that Guzman was responsible for obtaining as much as 3.5 kilograms of cocaine from a drug trafficking network in Rochester and distributing those drugs to others in the Rochester area from 2002 to 2005.

The investigation also revealed that between November 2003 and February 2004, the defendant possessed a semi-automatic pistol after being previously convicted of a drug felony in 2002.