Anglers on the Munson Street Bridge (also known as the Red Bridge) in the Town of Le Roy are complaining that some swimmers have shown up, thereby impinging on their afternoon fishing enjoyment. Law enforcement is called to handle the matter.
Attention all for the LeRoy Pool. I have heard through the grapevine that Mr. Welch is unable to make Wednesday's meeting. All need to attend because I have heard they are going to permanently close the pool if we do not attend and show interest. What a shame if we let them close our pool because we did not stand up for what we want!
please show up and fight for what we want and need!
A 48-year-old Le Roy resident who stole $6,172 from her employer will spend five years on probation and serve 60 days in jail on an intermittent basis.
Doris M. Castle, of 8325 Vallance Road, was employed by the YWCA in a daycare program. She expressed remorse for her theft in a letter she wrote to her former boss and read in Genesee County Court this morning.
"Words canot begin to convey how truly sorry I am," Castle said. "I loved my job. I loved the kids. You're the best boss I've ever had and you were my friend. I never planned to steal anything, but I was so desperate for money and every time I thought I could put the money back, something else would happen and I would end up needing more.
"...I know I made restitution, but I know I can't repair what you think of me or what you might think of other employees in the future and whether you can really trust them. As for the children, I know I let them down. Everything I tried to teach them about being a good citizen, I ruined by my actions."
Her supervisor, Patricia McAllister, read a statement emphasizing the trust Castle broke by stealing money and the strain it put on the YWCA to meet its financial obligations.
"She was trusted to provide the children with security, guidance and a role model they can look up to," McAllister said. "I question that role model at this time. I think it was one of the 7-year-old boys who came to me one day and said, 'I don't get it. I don't get it. What was Dory thinking. It wasn't her money.' I had no response whatsoever."
Judge Robert C. Noonan said he believed Castle was sincerely contrite, but added that maintaining public trust in the judicial system was important in embezzlement cases.
"When the public sees somebody who stole a candy bar, or more commonly a DVD or CD, from Walmart going to jail on a petit larceny charge for something that is less than $25 in value, and then they see somebody facing a much more serious charge in a case involving a lot more money getting a community-based sentence, the public has trouble figuring that out," Noonan said.
Noonan went on to explain that the main difference in the cases are the individuals involved. With the typical shoplifting case, the defendant is somebody in-and-out of the legal system, while most embezzlement cases, such as this one, involve somebody who has never been in trouble before.
"I don't fear somebody like you, especially with five years probation, will return to the criminal justice system," Noonan said, "but I do feel there is an importance to protect the credibility of the criminal justice system."
For that reason, Noonan said, he was imposing the maximum sentence available under what he characterized as a favorable plea agreement negotiated by Castle's attorney, William Harper.
A former Le Roy resident who was first involved with a meth lab and later found in possession of forged currency had his forgery case resolved in Genesee County Court today in an unusual manner.
Because Christopher J. Elmore is already in Georgia serving a 10-year federal sentence on the meth lab charges, Elmore was allowed to plead guilty by affidavit to criminal possession of a forged instrument, 3rd, a Class A misdemeanor.
Without Elmore in the court -- and because of the expense of bringing Elmore back to Genesee County for both a plea and sentencing -- Judge Robert C. Noonan, in accordance with the plea agreement, granted an unconditional discharge of the case.
A car is on its roof in the area of 44 Lake St., Village of Le Roy.
All occupants are out of the vehicle.
No word on injuries.
Le Roy Fire and Ambulance responding.
UPDATE 2:39 p.m.: Traffic is being shut down on Route 19 in both directions at Mill and at Bacon streets.
A caller reports a column of black smoke in a field across the road from her house in the area of 9153 Warsaw Road.
The first chiefs on scene say there is a large amount of black smoke that seems to be coming from the area of East Bethany Road.
Trucks will be held in quarters until the location is determined.
Le Roy Ambulance also dispatched.
UPDATE: It's a controlled burn.
A motor vehicle accident has been reported on the Thruway in the area of mile marker 379, eastbound, in the median.
Multiple injuries are reported.
Le Roy Fire and Ambulance along with Mercy EMS dispatched.
UPDATE 6:34 a.m.: Car on its roof. Seven injuries reported. Four more ambulances requested to the scene from Mercy EMS and Bergen. Mercy Flight on in-air standby. Mile marker 379 is just west of Route 19 near Griswold Circle.
UPDATE 6:38 a.m.: Cancel Mercy Flight. A total of five ambulances currently in route.
UPDATE 6:43 a.m.: All remaining responders to continue, but "take it easy."
UPDATE 7:11 a.m.: A total of eight patients transported to Strong. Le Roy fire back in service.
The Le Roy Moose Family Center will host MooseCreek 2011 July 15-17, coinciding with Le Roy's Oatka Festival.
The annual party under the big tent in the parking lot benefits Mercy Flight. The center is located at 21 Bank St. along the banks of the mighty Oatka Creek.
Over the years and with your support, this event has meant tens of thousands of dollars in donations to Mercy Flight, so come on out and help make it another record year!
Friday night the gates open at 6 for the MooseCreek kickoff party, and the music starts at 9, featuring Rochester’s premiere modern rock band, The Guy Smiley Band. Saturday, the fun starts at noon with DJ Kevin until 6, Savage Cabbage at 7, followed by MooseCreek legends and one of the leading AC/DC tribute bands in the industry, Ballbreaker. Sunday afternoon the music starts at 2 and goes until about 9 with a country jamboree hosted by Eddie Lee and Closing Time.
Also scheduled to appear are Cross Roads Project, Mayberry After Midnight, The Frank Hill Band and Rebel's Posse.
All weekend long there will be good food cooking, great drink prices, and lots of fun! The event is open to the public rain or shine with NO COVER charge, but donations for Mercy Flight are always welcome.
A Le Roy resident was killed in a motor vehicle accident Wednesday on Wethersfield Road, Town of Wethersfield, Wyoming County.
According to the Wyoming County Sheriff's Office, Phillip B. Ellinwood, was heading east on Wethersfield Road when he attempted to pass another eastbound car. Ellinwood's car went off the north shoulder of the road and struck a tree.
Ellinwood was pinned in the vehicle. He was extricated by members of the North Java Fire and Rescue Department.
He was then transported to Wyoming Community Hospital.
The press release reads, "Despite life saving efforts by emergency room personnel Ellinwood died from his injuries."
The accident was invested by the Wyoming County Crash Management Team.
No further details were released.
I have had a very interesting two days of getting signatures on the petition to get the Town and Village of Le Roy to accept the private funding that is going to be proposed July 13th to the village board and July 14th to the town board, hopefully. Many residents are signing. They say our kids need something to do and we never should have let it close. The support, they say, we have not shown since closing.
Two years ago I started a Community Holiday Bazaar that runs concurrent with the annual Winterfest. It was time we came together as a community. People used to walk around say hi to each and just talk. We have come to a time when we are too busy even to say hi.
I did so because I grew up in this fine community. Our schools receive honors, our marching bands receive honors. All for being the best in spirit, in commitment, and all for our kids. Yet as a community since our pool closed, we have forgotten how important that is to the summers for our kids. We all say they have nothing to do. They are all over the place getting in trouble.
Our kids in this community have turned to swimming at the Quarry and at Blue Hole behind the cemetery.
All this is stirring up conversations all over town. People want it back. They want our elected officials to act on this. They want them as our elected leaders to open our pool. We are willing to do what it takes -- to pay for it, to have it added back to the budgets.
I would like to say that in a conversation yesterday, I addressed the need to correct the work on the east side of the village. I apparently offended a board member. I was not completely informed on job titles and positions. Her spouse apparently holds a key position in the DPW. She felt like mentioning it that I was attacking him. I have no clue who did the work. I had no clue of his position in the DPW. I based my opinion on the Mayor's Notes from the weekly Pennysaver. Seeing there were problems and knowing they need fixing would only lead to the thought we have to pay to get it done, right?
I changed subjects back to the pool discussion. I was no way placing blame. She continued in her rationale to say the attendance was low, THE MAIN USERS OF THE POOL WERE LOWER INCOME PEOPLE, and we are at a time of using pools in backyards.
I asked does that make me low income because I am in a check-to-check household who uses the pool?
I did get irritated and reminded her that she was an elected official and she needed to act in the manner that the commonwealth of our community wished her to. I stated that if she did not, based on the petition when presented, it would be interesting to see what the people of this community thought.
Walking out, I loudly stated it again "You are an elected official -- you need to remember that. We the people elected her."
I would like to state that at the beginning of this conversation she had a petition to be re-added to her party's ballot. I am a NOP so could not, but after this conversation probably would not.
I thought I would share this since she contacted a village board member who I am friends with and asked her to speak to me.
It was a problem that I apparently offended her, by her perception of a generalized comment about repairs that she took personally.
She never once mentioned the LOW INCOME based comment she made.
She based that on the fact that people from the Royals use it. I later found out in another conversation when I apologized to her husband. Do you realize that those people renting there pay more money to live there than those of us who own homes? I lived there before.
IT DOES NOT MATTER WHAT YOUR INCOME LEVEL IS -- YOU ARE PART OF THE COMMUNITY. RENTERS PAY LANDLORDS WHO PAY THE TAXES. YOU HAVE RIGHTS, TOO.
Must be nice to be so high up in the air that you can pass that kind of judgement on those below you. Last I recall, she grew up in Le Roy, too.
Here is an important comment I saw posted on Facebook. I will not name who said it, but it sums our need up:
A community is not a community if all that the residents have in common is sleeping in the same geographic area at night before they rush off to their jobs in other towns each day. Community requires shared experiences and activities. That pool needs to be open.
"No man really becomes a fool until he stops asking questions."
-- Charles P. Steinmetz
Melissa Cianfrini says, naturally she's disappointed the case was dismissed against Chris Charvella. As assistant DA, she was given the task of prosecuting him on an aggravated harassment, 2nd, charge because Charvella placed a phone call to Legislator Jay Grasso,
"I obviously respect the court and the court's decision, but I respectfully disagree with the reason behind it," Cianfrini said.
Town of Batavia Justice Mike Cleveland wrote in his decision, "Mr. Charvella's call was made to Mr. Grasso on a number not only listed in the public phone book but also listed on the Genesee County Legislature's list of public official contact numbers. It was not an anonymous or random call. It was not 'absent of expression of ideas or thoughts.'
"The factual allegations in this case," Cleveland concluded, "do not constitute a violation of the charge of PL 240.30-2.
The written decision dismissing the case is only two pages long and doesn't directly touch on any of the free speech or First Amendment issues raised by Charvella's defense attorney, E. Robert Fussell.
But Fussell said that just because Cleveland didn't mention the First Amendment doesn't mean that case law based on the First Amendment isn't the foundation of his decision.
Fussell said he believes the case law that led to Cleveland's decision is based on First Amendment protections.
He said prior cases interpret the clause in the law that says for "no legitimate purpose" to mean that a call must be entirely for the purpose of annoying or threatening to constitute harassment.
"Underlying the decision is that you can't charge somebody for just making a phone call," said Fussell. "What the courts are really saying is that the charge must pass First Amendment muster."
Cianfrini said, however, that she still doesn't believe this was a free speech case. It was about a private phone call placed to a private residence.
"This was about somebody saying something in private," Cianfrini said. "It was not something that was said in public, so it's not a free speech issue."
She was not the original ADA on the case, inheriting it after a change of venue from Le Roy to Town of Batavia, so the actual charge against Charvella wasn't a decision she made. During oral arguments, Cianfrini briefly raised the specter of filing a different charge, if necessary, against Charvella. Today, Cianfrini said there are no plans in the DA's officer currently to pursue the case further.
William E. Gratehouse III, is indicted on charges of criminal mischief, 2nd, reckless endangerment, 2nd, menacing, 2nd, unlawful imprisonment and endangering the welfare of a child. Gratehouse is accused of intentionally striking a 1998 Dodge Intrepid owned by another person on March 17. Gratehouse allegedly forced the car off the road after striking it. He also allegedly brandished a semiautomatic pistol during the incident and prevented the alleged victim from leaving the area. There allegedly were children in the car at the time.
John R. Sherman is indicted on charges of felony DWI, aggravated driving with a BAC of .18 or greater and driving with a BAC of .08. Sherman is accused of driving drunk Jan. 7 on Route 5 in Stafford.
Kevin C. Heschke is indicated on charges of felony DWI and driving with a BAC of .08 or greater. Heschke is accused of driving drunk April 7 on Church Street, Le Roy.
Ricky L. Miller is indicted on a charge of burglary, 2nd. Miller is accused of entering a residence on Jackson Street, Batavia, on June 7, with the intent to commit a crime.
Dana D. Hagen is indicted on charges of felony DWI and aggravated driving with a BAC of .18 or greater. Hagan is accused of driving drunk Jan. 12 on Fotch Road, Stafford.
No Bill: The grand jury found insufficient evidence to charge Thomas B. Streamer with assault, 2nd, and assault, 3rd, stemming from an alleged incident in the Town of Le Roy on Jan. 23.
Dennis Dale Holcomb, 44, of West Bergen Road, Le Roy, is charged with assault, 2nd, and criminal possession of a weapon, 3rd. Holcomb is accused of striking another person on the back of the head with a crowbar. Following arraignment in Le Roy Town Court, Holcomb was committed to the Genesee County Jail without bail.
Christopher C. Say, 20, of 41 Maple St., Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Say is accused of choking a woman during a domestic dispute in front of her children at 9 p.m., Tuesday.
Donald Joseph Pursel, 42, of Upton Place, Rochester, was arrested on a warrant out of Genesee County Court. Pursel is accused of failing to pay a fine. He was arrested by Rochester PD and turned over to the Sheriff's Office. (NOTE: Pursel appeared in court yesterday and after the ADA and his attorney reached an agreement regarding his release, Judge Robert Noonan signed an order authorizing his release. What was notable is that Pursel's case goes back to a time when Noonan was the District Attorney, so he had to recuse himself from any further proceedings in Pursel's case. Another judge will need to hear the matter.)
Michael William Hall, 24, of Havenwood Drive, Brockport, is charged with DWI, aggravated driving with a BAC .18 or greater and parked on the roadway. Hall was allegedly found sleeping in his car at 12:59 a.m., Tuesday, by Deputy John Weis while it was parked in the westbound lane of Sackett Road, Town of Bergen.
Cassondra Niccole Majors, 18, of Myrtle Street, Le Roy, is charged with possession of alcohol under age 21. Majors was arrested at 11:47 p.m., Monday, in Burnnell Park on Summit Street, Le Roy.
William Gary Strait, 27, of 2803 Retsof Road, Retsof, is charged with DWI and aggravated driving with a BAC of .18 or greater. Strait was stopped at 2:43 a.m., Sunday, by Officer Fox, Le Roy PD, on Main Street in the Village of Le Roy.
A Le Roy man, who was himself badly burned in a fire June 13 at 3 Orchard Drive in the Village of Le Roy, was arrested on a charge of arson, 2nd, today.
Paul F. Atkinson, 42, was released from Strong Memorial Hospital and immediately arraigned in Town of Le Roy Court. He was sent to the Genesee County Jail on $50,000 bail.
Atkinson suffered 1st, 2nd and 3rd degree burns on several parts of his body and has been hospitalized since the fire.
The residence is owned by his father and Atkinson reportedly told police he started the fire following a dispute with his dad.
Several hours before the fire, Atkinson appears to have left a status update on his Facebook page that reads, "everyone can go to hell, tired of this life."
His Facebook profile has apparently since been deleted.
Le Roy Police accuse Atkinson of intentionally setting the fire "while knowing or should have known that two persons were sleeping inside the residence."
Atkinson's sister had to be helped down from a second-floor deck by a Le Roy Police officer and her husband reportedly jumped from a second-floor window, injuring his ankle.
Late this afternoon, Chris Charvella received word from his attorney that Town of Batavia Justice Mike Cleveland has dismissed the aggravated harassment, 2nd, charge he was arrested on in November.
E. Robert Fussell, Charvella's attorney, could not be reached for further information on the dismissal and the town court is closed at this hour, so we can't retrieve a copy of the decision.
Fussell told his client the charges were dropped because of insufficient evidence to support the charge.
"It shows that politicians at any level can't have a person arrested for saying something they don't like, especially, 'thank you,'" Charvella said.
He added, "I knew since I was arrested on November 11th that I had not committed a crime. I placed my trust in the justice system and I'm glad the system worked."
State Troopers arrested Charvella after Legislator Jay Grasso filed a complaint against Charvella claiming harassment.
Charvella was charged under a provision of the statute that prohibits telephone calls for "no legitimate purpose."
The call Charvella made was to Grasso's home phone, and he left a message that said, "thanks for reading my blog."
The message was in response to somebody leaving a political sign on Charvella's front lawn that made reference to an item Charvella posted on her personal blog. The sign contained the words, "Sharome Glasshole," a reference to one of Charvella's blog posts.
Following the phone call, Charvella posted another item on his blog that showed a picture of an Ewok and read, "prepare your anus."
Assistent District Attorney Melissa Cianfrini argued against Fussell's motion for dismissal on June 10.
Part of Fussell's position was that based on previous case law, the conduct of Charvella didn't rise to the level of aggravated harassment, 2nd, as intended by the statute since there wasn't an ongoing pattern of harassment. He characterized Charvella's speech as protected by the First Amendment.
Today, Charvella called the dismissal a victory for free speech.
Charvella has said previously that he spent $7,000 on his own defense in the case.
Neither Cianfrini nor Grasso were immediately available for comment.
When Deputy John Duyssen isn't on patrol, investigating accidents or otherwise helping to keep fellow Geneseeans safe, he's doing what he loves -- growing things.
And one he hopes sometime soon will become a full-time business.
For the past seven years, along with his wife Jessica, and children Jonah, 14, Colton, 13, and Julian, 9, he runs a fruit farm on Bater Road in Le Roy.
The Duyssen's specialize in strawberries, but have added blackberries and raspberries in recent years.
The farm also now includes 22 beehives and John said the plan is to start selling honey.
Strawberry season is just about over -- if you want to pick your own, there's only a day or two left and what's left is best suited for preserves -- but John, Jessica and the boys have plenty to keep them busy.
The growing life for a strawberry plant is three years. The plants that are two years old this season will get mowed to the ground so they can regenerate, the three-year-old plants will get plowed under and something else will be planted in their place for crop-rotation purposes, and there is the blackberry and raspberry plants and bees to take care of.
The family is also adding hoop houses to protect young strawberry and other fruit plants from the elements.
"It's a growing business," said John, with no sense of "pun intended."
He said two or three weeks ago during the height of the strawberry season, people were flocking to the farm to pick their own strawberries. John took four weeks off from the Sheriff's Office to help with the chores and the customers.
This year, Jonah said the person from the furthest away he met was Florida, but the all-time record was set last year, he said, when a group of nuns from Africa stopped by the farm.
Their first question, "Where are the strawberry trees?"
Jonah had to politely point them to the small green plants close to the ground.
Typically, John, said, he grows three to four thousand strawberries, and could grow more if he had the time.
"I can't grow fruit full time and be a full-time deputy," he said.
He's eligible for retirement in a year in a half, but he isn't sure the farm will generate enough revenue to provide both family income and family health insurance.
But if you see John out on patrol some evening and ask him about strawberries or bees, it's clear, this is what he loves to do.
Farming is in his blood.
His father and brother own a farm just down the road where they grow dry beans, corn, soybeans, hay, wheat and oats. The current Duyssen fruit farm was owned by John's grandparents.
"We have pictures of what the old farm looked like and it's fun to think we're doing what they used to do," John said.
Pictured in the top photo are Chris DeFelice, 16, who has been helping the Duyssens for seven years, Jonah, Colton, Julian, John and Jessica.
Novel Destinations is the theme of the 2011 Adult Summer Reading Program. Sign up begins at 10 a.m. Monday, June 27 and continues throughout the summer months.
Read books from our destination categories and receive tickets to win prize baskets. We will also do a weekly mystery photo contest. Call 768-8300 for more information or stop in the library!
The following students were named to the University at Albany's Spring 2011 Deans' List for outstanding academic achievement:
Nicholas Chiruck, of Le Roy <http://readabout.me/Nicholas-Chiruck/DK4G>
Molly Eadie, of Le Roy <http://readabout.me/Molly-Eadie/BUJG>
Rachel Shamp, of Oakfield <http://readabout.me/Rachel-Shamp/IESA>
Brandon Alan Eisenberg, 27, of Village Gate, Williamsville, is charged with criminal possession of a controlled substance with intent to sell, criminal possession of marijuana, three counts of criminal possession of a controlled substance, 7th, and inhalation of toxic gas (Nitrous Oxide). On June 8, Eisenberg was initially charged with criminal possession of marijuana, 4th, and now these new charges have been added. Eisenberg was arrested in Darien.
Alysasa Marie Lori, 19, of Roe Drive, Cheektowaga, is charged with aggravated harassment, 2nd. Lori is accused of continuing to make harassing phone calls and sending text messages to a person after being warned by that person, a Corfu resident, and police to cease the communications.
A 16-year-old from East Main Street, Le Roy, is charged with false personation. The youth is accused of providing a false identity to police during an investigation of an alleged underage drinking party at 1:04 a.m., June 5, at 98 North St., Le Roy.
Here’s a brief update on the village pool in Le Roy.
This item is on the agenda for tomorrow night’s regular village board meeting at 7 p.m. at the village hall! A community proposal will be outlined that includes generous donations of time, labor and money to get the pool up to code and open. Currently, these generous community members are willing to get it open, but have put the responsibility back on the village and town to continue to run it together as they were before.
I would like to encourage you to please attend tomorrow night’s meeting to hear this proposal and decide for yourself if you are in support of this. It is no secret that I am in support of opening it and running it, but the village board needs to hear from you -- the taxpayers and consumers of the village and town (the village maintains it, but the town participates).
Until the pool is filled in, it is not too late to save it, if that is what the people of Le Roy want. Please attend the meeting tomorrow night.
Thank you.
Jennifer Keys
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