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Oakfield

Zambito tries to balance punishment and rehabilitation in sentencing drunken driver involved in serious injury accident

By Howard B. Owens

In deciding how to sentence a 24-year-old from Oakfield who caused a serious injury accident while drinking and driving on Route 33 in Corfu on April 18, just weeks after a prior DWI arrest, Judge Charles Zambito said he had to wrestle with how to balance punishment, protecting the community, and providing the young man with the best chance at rehabilitation.

To that end, he decided that Jacob Szumigala should serve an intermittent jail sentence in the Genesee County Jail followed by five years under the watchful eye of the County Probation Department.

Nothing against state's parole supervision but Zambito said he believed Szumigala would be more closely monitored by local probation and if there was a violation, Szumigala would be returned quickly to Zambito's court.

"I'm more confident that this type of sentence will provide the community with more protection and you with more supervision," Zambito told Szumigala in Genesee County Court Tuesday afternoon.

Szumigala was stopped by State Police on Lockport Road in Oakfield in March and charged with DWI. With his driving privileges already revoked, Szumigala was driving through Corfu when his gray Hyundai Sonata was heading eastbound on Route 33 at high speed when it struck a Honda sedan.

That Honda struck a black pickup truck. The driver of the Honda, James Hoskins, of Corfu, suffered serious injuries -- considered so serious at the time of the accident that the Crash Management Team was called to investigate the crash in case the Hoskins didn't survive.

Assistant District Attorney Shirley Gorman said the injuries sustained by Hoskins are life-altering. She argued for a harsh prison term, especially in light of an alleged violation of Szumigala's terms of release while awaiting sentencing.

Szumigala's attorney, Tom Burns, didn't dispute Gorman's assertion that Szumigala tried to get high and when the drug was ineffective, he stopped taking medication to soothe his craving for alcohol and then got drunk.

"That decision to not only use alcohol but to deliberately use a substance intended to induce a high and then stop his treatments that he was authorized to be on and required by his treatment counselor," meant Szumigala deserved a prison term, Gorman argued.

"If there was a time in which you follow the letter of what is expected of you, it's while you're at the mercy of the court before sentencing. But within a month of his appearance, he used alcohol."

Gorman concluded, "how can anything here stop him from drinking other than state incarceration?"

Burns said everybody was disappointed in his client's relapse, including Szumigala. What separated Szumigala from many other defendants in a similar situation is that all the treatment Szumigala has been through -- in-patient, a halfway house, residential treatment -- have all been voluntarily, and other than the one relapse Szumigala's performance throughout treatment has been excellent.

"I was extremely disappointed in his relapse," said Burns, while several members of Szumigala's family sat in the first row of the gallery. "I know his family was disappointed in his relapse."

And unlike many other defendants, Szumigala isn't thinking just of himself, standing before the court expressing remorse over his addiction. Szumigala acknowledges the harm his actions caused other people.

Burns pointed out that if placed on probation, a violation would subject Szumigala to a potentially much longer prison term than available to Zambito under terms of the plea agreement reached in this case. Zambito later said Szumigala could be sent to prison for from five to 15 years if Szumigala violated his probation terms.

In November, Szumigala entered a guilty plea to aggravated vehicular assault and DWI as a misdemeanor and aggravated unlicensed operation. The DWI case in Oakfield is still pending and under terms of his plea agreement, he must plead guilty in that case.

Zambito said that if he sent Szumigala to prison, that would mean he would be taken out of treatment at the Oxford House, cause him to lose his job, and eventually return Szumigala to the community without treatment. That would mean, Zambito said, Szumigala would still be a potential threat to the community.

Szumigala will serve his intermittent jail term on Mondays through Wednesdays.

There is still the issue of restitution to the victims to be resolved and a hearing on restitution was set for March.

Law and Order: Bicyclist arrested after troopers allegedly spot him toting motel's TV under his arm

By Billie Owens

Joseph Marranco, no age provided, of Batavia, was arrested and charged with petit larceny on Jan. 6. That day SP Batavia troopers were dispatched to a local motel in the Town of Batavia for a larceny complaint. While en route to the complaint, troopers allegedly observed Marranco riding his bicycle on Main Street in the City of Batavia carrying a flat-screen television that was tucked underneath his arm. Further investigation revealed that Marranco was recently at the same motel and claimed that a motel guest stated he could borrow the motel's television. After his arrest he was arraigned in Batavia Town Court and put in jail on $1,000 cash bail.

Cody J. Wenner, 28, of Oak Street, Batavia, is charged with second-degree menacing and third-degree attempted assault. Wenner was arrested after a disturbance that occured at almost 1 a.m. on Jan. 1 on Walnut Street. He was arraigned in city court and held on $2,500 cash or bond. He is due back in city court on Jan. 23. The case was handled by Batavia Police Officer Felicia DeGroot.

William T. Hughes, 62, of Batavia, is charged with criminal mischief, 4th, and harassment, 2nd. On Jan. 13, troopers out of SP Batavia were dispatched to a domestic dispute in the Town of Batavia. Upon arrival troopers determined the victim was grabbed and threatened with physical harm by Hughes. They also observed property damage at the residence. Hughes was arrested then arraigned in Town of Batavia Court and put in Genesee County Jail in lieu of $500 cash bail. An order of protection was issued for the victim.

Jennifer Sue Davis, 39, of Webber Avenue, Oakfield, is charged with: DWI -- with a previous offense; aggravated unlicensed operation in the first degree; leaving the scene of a property damage accident; following too closely; and refusal to take a breath test. On Jan. 11, following an investigation into a two-car accident at 6 p.m. on Route 63 in the Village of Oakfield, Davis was arrested. It is alleged that Davis was driving while intoxicated and while possessing a conditional driver's license and that she rear-ended another vehicle. Davis was arraigned in Oakfield Town Court on Jan. 11 and is due to return there at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Matthew Clor.

Joseph William Freeman, 34, of Summit Street, Batavia, is charged with: aggravated unlicensed operation in the second degree; unlicensed operator; uninsured motor vehicle; failure to use designated lane; and criminal use of drug paraphernalia in the second degree. He was arrested at 4:18 p.m. on Jan. 8 on Jackson Street in the city. The charges all stem from a traffic stop wherein it is alleged that Freeman was operating a motor vehicle on Ellicott Street at the intersection with Jackson Street and made an illegal right-hand turn onto Jackson Street. During a lawful search, several items of drug paraphernalia were allegedly discovered. He was released on bail and transported to Orleans County Jail on an active warrant out of that county. Freeman is due in Batavia City Court on Jan. 22. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer James DeFreze.

Quamane J. Santiago, 20, of Walnut Street, Batavia, is charged with two counts of second-degree harassment. He was arrested (date not specified) for allegedly having physical contact with two separate female victims during a disturbance that occurred at 6:05 a.m. on Dec. 1 on Walnut Street. Santiago was processed and issued an appearance ticket for this afternoon (Jan. 15) in city court. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Arick Perkins.

Brian Keith Dyer, 52, of North Street, Batavia, is charged with criminal tampering in the third degree. Dyer was arrested following a landlord-tenant dispute which occurred on North Street at 2 a.m. Jan. 5. Dyer was processed at Batavia Police Department and released on an appearance ticket returnable to Batavia City Court this afternoon (Jan. 15). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Felicia DeGroot.

Law and Order: Rochester resident arrested on felony DWI charge

By Billie Owens

Tevin Alexander Dowdell, 40, of Clifford Ave., Rochester, is charged with: driving while intoxicated as a felony; speeding in a 55-mph zone; refusal to take a breath test; uninspected motor vehicle; and aggravated unlicensed operation in the first degree -- operating a motor vehicle without a required ignition interlock device. On Dec. 31 at 8:33 p.m. on Clinton Street Road in Bergen, Dowdell was arrested on the charges, arraigned and put in Genesee County Jail in lieu of $2,000 cash bail or $4,000 bond. Dowdell is due in Bergen Town Court this afternoon (Jan. 2). The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jeremy McClellan.

Andrew John Rock, 32, of Judge Road, Oakfield, is charged with unlawful possession of marijuana. At 12:08 a.m. on Dec. 29 on Alleghany Road in Alabama, Rock was a passenger in a vehicle during a traffic stop. The defendant allegedly possessed a quantity of marijuana in the glove compartment of the vehicle and a smoking pipe in the passenger door. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by Deputy Andrew Mullen.

Damian Michael-Edward Schoonmaker, 20, of Smith Street, Rochester, is charged with unlawful possession of marijuana. At 5:01 a.m. on Dec. 31 on Lewiston Road in Oakfield, Schoonmaker was arrested for allegedly possessing marijuana inside his 2000 Buick LaSabre. The case was handled by Genesee County Sheriff's Deputy James Stack.

Grand Jury: Man accused of injuring two deputies, striking woman, fighting with security at Jason Aldean concert

By Billie Owens

Robert A. Maharrey is indicted for the crime of disorderly conduct. It is alleged that on Aug. 10, at the Darien Lake Performing Arts Center located in the Town of Darien Center, Maharrey engaged in fighting or with violent, tumultuous or threatening behavior by punching or striking a female patron in the face. In count two, he is accused of second-degree harassment for allegedly subjecting a female patron to physical contact, or attempting or threatening to do so. In count three, Maharrey is accused of disorderly conduct for allegedly engaging in fighting or with violent, tumultuous or threatening behavior with Live Nation Security staff members. In count four, he is accused of second-degree harassment for allegedly subjecting a Genesee County Sheriff's deputy to physical contact by spitting in his face. In count five, the defendant is accused of second-degree assault, a Class D violent felony, by allegedly intentionally preventing a Sheriff's deputy from performing a lawful duty and causing injury to the deputy. In count six, Maharrey is accused of assault on a police officer, a Class C violent felony, for allegedly intentionally preventing a second deputy from performing a lawful duty and causing serious physical injury to that deputy.

Jacob M. Balla Sr. is indicted for the crime of first-degree criminal contempt, a Class E violent felony. It is alleged that on Oct. 19 in the Town of Pembroke, in violation of an order of protection, that he struck, shoved, kicked or otherwise subjected the protected party to physical contact or attempted or threatened to do so. In count two, Balla is accused of second-degree harassment, a violation, for allegedly intentionally harassing, annoying or alarming the protected party by striking, shoving, kicking or otherwise subjecting the person to physical contact or attempting or threatening to do so.

Lashawn Brown-Dixie is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on Sept. 17 Brown-Dixie drove a 2016 Chevrolet on Interstate 90 in the Town of Stafford while having a BAC of .18 percent or more. In count two, she is accused of DWI, as a Class E felony, for the same incident. In Special Information filed by the District Attorney's Office, Brown-Dixie is accused of having been convicted of DWI, as a misdemeanor, on Dec. 14, 2010 in Town of Marathon Court, County of Cortland, and the conviction was within 10 years of the crimes alleged in the current indictment.

Law and Order: Man riding scooter in store charged with being on narcotics, possessing fentanyl

By Billie Owens

Adam B. Thomas, 29, of South Main Street, Batavia, is charged with criminal possession of a controlled substance in the seventh degree and public appearance under the influence of a narcotic drug. At 10:19 a.m. on Dec. 28, the Genesee County Emergency Dispatch Center received the complaint of an intoxicated male operating an electric scooter inside a department store, causing a disturbance. Sheriff's deputies arrived and initiated an investigation into the complaint. The scooter operator was identified as Thomas and he was allegedly determined to be under the influence of a narcotic drug. Following a subsequent search, it is alleged that Thomas possessed a powdered substance that tested positive for the synthetic opioid fentanyl. He was taken to jail, processed and issued appearance tickets returnable to Town of Batavia Court on Jan. 17. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Richard Schildwaster.

Matthew Hawkeye Pape, 27, of Lockport Road, Oakfield, is charged with first degree criminal contempt. At 1:30 a.m. on Dec. 29 following the investigation of a domestic incident on Lockport Road, Pape was arrested on the charge. He allegedly struck another individual in the head with a door, causing physical injury, thereby violating an order of protection issued by Town of Oakfield Court. Pape was arraigned and jailed in lieu of $5,000 cash bail. He is due in Oakfield court Jan. 4. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Sgt. Jason Saile.

Zachary Erin Brazzell, 20, of Alabama Street, Medina, is charge with: DWI -- first offense with a BAC of .08 percent or more; DWI -- first offense; no/inadequate headlamp; and unlawful possession of marijuana. Brazzell was arrested at 20 River St. in Batavia at 4:12 a.m. on Dec. 30 following a traffic stop. Brazzell was issued appearance tickets returnable to the City of Batavia Court on Feb. 6. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Six Genesee County students named to Fall 2018 dean's list at Nazareth College

By Billie Owens

ROCHESTER -- Nazareth College students named to the Fall 2018 dean's list are as follows:

  • Kimberly Davis, of Pavilion
  • Danielle Foeller, of Bergen 
  • Bailey Groth, of East Pembroke 
  • Chelsea Jensen, of Batavia
  • Jessica Meyers, of East Bethany 
  • Lauren Reding, of Oakfield 

Nazareth College's academic strengths cross an unusually broad spectrum of 60 majors, including education, health and human services, management, the fine arts, music, theater, math and science, foreign languages, and the liberal arts.

The coeducational, religiously independent, classic campus in a charming suburb of Rochester challenges and supports 2,000 undergrads and 800 graduate students. Nazareth is recognized nationally for its Fulbright global student scholars and commitment to civic engagement. Rigorous programs, an uncommon core, experiential learning, career skills, and a global focus prepare graduates for not just one job, but for their life's work.

Law and Order: Oakfield woman accused of grand larceny, petit larceny and identity theft

By Billie Owens

Debra Lynn Mattoon, 39, of Batavia-Oakfield Townline Road, Oakfield, is charged with fourth-degree grand larceny, petit larceny and third-degree identity theft. On Dec. 15, following the investigation into a larceny that occured in the City of Batavia at 2:15 p.m. on Dec. 3, Mattoon was arrested on the charges. She was arraigned in Batavia City Court and released under supervision of Genesee Justice. She is due back in city court on Dec. 21. The case was handled by Batavia Police Officer Kevin Forsyth.

Jacob Joseph Camerera, 27, of North Street, Batavia, is charged with criminal possession of stolen property, 4th, after he was allegedly found in possession of a firearm at 8:45 a.m. on Nov. 19 which had previously been reported stolen. He was issued an appearance ticket and is due in Batavia City Court on Jan. 8. The case was handled by Batavia Police Officer Chad Minuto.

Joseph A. Ciociola Jr., 20, of Pembroke, was arrested at 9:56 a.m. on Dec. 5 by troopers out of SP Batavia and charged with: criminal possession of a weapon, 4th; unlawful possession of marijuana; and possession of a loaded firearm in a motor vehicle; he was also cited with vehicle and traffic violations. Troopers stopped Ciociola on Akron Road in the Town of Pembroke for speeding. While interviewing Ciociola the odor of marijuana was allegedly present. During a probable-cause search of his vehicle, Ciociola was allegedly found to be in possession of marijuana, brass/metal knuckles, and two loaded and chambered firearms. Ciociola was issued appearance tickets and he is scheduled to appear before the Town of Pembroke Court later this month. 

Sath Paul Dhanda, 38, of Clapsaddle Road, Bethany, is charged with two counts of criminal contempt in the first degree. He was arrested on Ellicott Street in Batavia at 3:30 p.m. on Dec. 12 for allegedly violating an order of protection on two different occasions. He was arraigned and jailed without bail and was due in Batavia City Court on Dec. 13. The case was handled by Batavia PoliceOfficer Peter Flanagan, assisted by Sgt. Eric Bolles.

John Albert Snook, 30, of Oak Orchard Road, Albion, is charged with first-degree criminal contempt and unlawful possession of marijuana. At 2:20 a.m. on Dec. 15, Batavia police responded to a Jackson Street apartment for a 9-1-1 hangup call. While on scene, patrols discovered that Snook was on location in violation of a stay-away order of protection; he was also allegedly found to be in possession of marijuana. Snook was arraigned and jailed without bail and is due in Batavia City Court this afternoon (Dec. 17). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Flanagan.

USG in Oakfield donates $5K to Warrior House

By Howard B. Owens

Warrior House has received a $5,000 donation from the USG Foundation through the employees of the USG plant in Oakfield.

Each year, the Foundation provides funds to USG units throughout the country for employees to donate to a local charity. The employees at the Oakfield plant, through a survey by management, selected the Warrior House.

"The Warrior House is a great organization," said Plant Manager Dwayne Van Duuren. "We have a lot of veterans who work at our location so this means a lot to us. We want to be part of the community, be a good neighbor where we can."

Ed Spencer accepted the check on behalf of Warrior House.

Spencer said he got involved with helping veterans after going through his own struggles adjusting to post-military life. In 2016 Pete Zeliff provided the funds to start Warrior House, providing a farmhouse on 360 acres in Orleans County.

"Pete’s a great guy," Spencer said. "I’ll call him up and say I’ve got a vet, he’s got a problem, I need $1,000. Pete will say, OK, no problem, let’s do it. Pete is a caring guy. He gives a lot. He cares a lot. His dream is an awesome thing for this community."

Currently there are 12 disabled veterans living at Warrior House, making it a full house, so recently when a local resident found a homeless vet walking down the road, rather than turn him away from Warrior House, the organization got him a hotel room where he stay for a week, until they found a bed for him in the home of another disabled vet.

Those two veterans are now helping each other heal, Spencer said.

"There’s a lot of different things we do," Spencer said. "It’s nonstop. Whenever the phone rings, we’ll do our best to take care of the problem. It doesn’t matter who calls where, when, what, why, we’ll find an answer for it one way or another."

He said the staff at Warrior House hold in their hearts a special place for disabled vets.

“They don’t ask for a lot and they’re often surprised how much is given back to them," Spencer said.

Law and Order: Hutchins Street man with two DWI convictions and no license arrested for DWI, jailed without bail

By Billie Owens

Jeremy G. Ives, 43, of Hutchins Street, Batavia, is charged with: felony DWI -- two previous convictions; aggravated unlicensed operation in the first degree; and following too closely. Ives was arrested at 6:23 p.m. on Dec. 8 on West Main Street in Batavia after a traffic stop. Ives was allegedly found to be operating his vehicle while intoxicated and he had a revoked driver's license. He was arraigned and jailed without bail and is due in Batavia City Court this afternoon (Dec. 10). The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Chad Richards.

Quella SM Polk, 37, of Birchwood Drive, Batavia, is charged with second-degree harassment. Polk was arrested and issued an appearance ticket on the charge following a domestic incident in the gym at John Kennedy School at 10 a.m. on Dec. 8. Polk allegedly had unwanted physical contact with another person. Polk is due in Batavia City Court on Dec. 18 to answer the charge. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Dan Coffey.

James E. Baker, 56, of Summit Street, Batavia, is charged with DWI, DWI with a BAC greater than .08 percent, and driving with no headlights. He was arrested at 9:28 p.m. on Dec. 7 on Summit Street in Batavia after a traffic stop. He was issued appearance tickets and is due in Batavia City Court on Jan. 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Elizabeth M. Grattan, 28, of Liberty Street, Batavia, is charged with petit larceny. She was allegedly observed shoplifting at JCPenney at 11:36 a.m. on Dec. 4. She was arrested and issued an appearance ticket and is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Frank Klimjack.

Darrell J. Holloway, 50, of Farnsworth Avenue, Oakfield, is charged with petit larceny. He was arrested and issued an appearance ticket after a larceny at JCPenney at 1:36 p.m. on Dec. 4. He is due in Batavia City Court on Dec. 11. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Grand Jury: Man accused of stealing and defacing 13 firearms from The Firing Pin in Bergen

By Billie Owens

Morgan R. Coles is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 26 in the Town of Bergen that Coles knowingly entered or remained unlawfully in The Firing Pin with the intent to commit a crime. In count two, he is accused of criminal possession of a weapon in the first degree, a Class B felony. It is alleged that on Oct. 3 in the City of Batavia that Coles possessed 10 or more firearms. In counts three through 15, Coles is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing firearms which had been defaced for the purpose of concealment or prevention of detection of a crime or misrepresenting the identity of the fireaarm. Respectively, these are: a KelTec model PF-9 9mm pistol; a Glock model 19 9 mm pistol; a Glock model 45 9 mm pistol; a Glock model 27 .40 S&W pistol; a Glock model 19c 9mm pistol; a Glock G17 9mm pistol; a Glock model G43 9mm pistol; a second Glock model 27 .40 S&W pistol; a Glock model G21 .45 ACP pistol; a Glock 30S .45 ACP pistol; a Glock model 17 9mm pistol; a Glock model 22 gen 2 .40 S&W pistol; and a Glock model 24 9 mm pistol. In count 16, Coles is indicted for third-degree criminal possession of stolent property, a Class D felony, for allegedly knowingly possessing 13 stolen firearms and the value of the property exceeded $3,000.

Thomas E. Brenkus is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged that on June 27 in the City of Batavia that he subjected another person to sexual contact by forcible compulsion. In count two, Brenkus is accused of forcible touching, a Class A misdemeanor. It is alleged in count two that on the same day in the city that he intentionally or for no legitimate purpose forcibly touched the sexual or intimate parts of another person for the purpose of degrading or abusing the person for the purpose of gratifying the defendant's sexual desire.

Edwin L. Stancliff is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on June 12 in the Town of Pembroke that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against another person. In count two, Stancliff is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count two, that Stancliff possessed a dangerous instrument -- a crowbar -- with intent to use it unlawfully against a second person. In count three, Stancliff is accused on second-degree menacing, a Class A misdemeanor. It is alleged in counts three and four, respectively, that on June 12 in the Town of Pembroke he intentionally placed or attempted to place two victims in reasonable fear of physical injury or death by displaying the crowbar. In counts five and six, respectively, Stancliff is accused of second-degree harassment for allegedly acting on that day with intent to harass, annoy or alarm the two victims with threat of physical contact. In count seven, the defendant is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count seven that, knowing a person is about to be called as a witness in a legal action or proceeding, the worngfully induces or attempts to induce, the person to avoid appearing or testifying. It is alleged that on Nov. 6, Stancliff sent a text message to a witness stating that the witness should not show up for the Grand Jury indictment and that if the person did, the person is "riding for the State" and that if the person was family they would not show up. In Special Information filed by the District Attorney, Stancliff is accused of having been convicted of third-degree menacing, a Class B misdemeanor, on Feb. 14, 2017 in Town of Pembroke Court and that conviction forms the basis for counts one and two of the current indictment.

Travis E. Kent, Jason N. Mann and David C. Edwards are indicted for the crime of attempted grand larceny in the third degree, a Class E felony. It is alleged that on July 3 on Broadway Road in the Town of Darien that these defendants attempted to steal property with a combined value in excess of $3,000 -- a Yamaha Wolverine four-wheeler and a Mongoose four-wheeler. In count two, they are accused of criminal possession of stolen property in the third degree, a Class D  felony. It is alleged in count two that the defendants knowingly possessed stolen property valued in excess of $3,000 -- a 2011 Chevrolet Impala. In count three, Kent, Mann and Edwardsare indicted for second-degree criminal mischief, a Class D felony. It is alleged in count three that the defendants intentionally damaged property belonging to another person and the damage exceeded $1,500 -- the 2011 Impala was damaged. In count four, they are accused of unauthorized use of a vehicle in the third degree, a Class A misdemeanor, for allegedly driving the Impala without the owner's consent.

Lisa D. Ayres is indicted for the crime of driving while intoxicated, a Class D felony. It is alleged that on July 21 in the Town of Darien that she drove a 2007 Chevrolet on Route 77 and on McGregor Road while intoxicated. In count two, she is accused of DWI, per se, a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Ayres is accused of aggravated unlicensed operation in the first degree, a Class E felony, for driving without a valid license -- which had been suspended or revoked -- and for being under the influence of alcohol or a drug at the time. In count four, the defendant is accused of the crime of circumvention of an ignition interlock device. It is alleged in count four that Ayres drove the 2007 Chevrolet which was not equipped with an ignition interlock device, which was required to have. In count five, Ayres is accused of the offense of refusal to submit to a breath test, a violation. It is alleged in count four that Ayres refused the request made by Genesee County Sheriff's Deputy Eric Meyer to submit to a breath test on July 21. In count six, Ayres is accused of the offense of failure to yield the right of way on a left turn. It is alleged in count six, that her failure to yield constituted an immediate hazard. In count seven, Ayres is accused of making an unsafe turn, a violation. In count eight, Ayres is accused of the offense of unsafe passing on the left. In Special Information filed by the District Attorney, Ayres is accused of having been convicted of DWI as a Class E felony on April 24, 2012, in County of Wayne Court. Also, she is accused of having been convicted of DWI, per se, as a misdemeanor on Nov. 18, 2009, in Town of Sodus Court. These convictions form the basis of the crimes alleged in the current indictment and the allegation that she knew her driver's license had been suspended or revoke by authorities due to the convictions.

Danielle R. Dixon is indicted for the crime of aggravated DWI, per se, as a Class E felony. It is alleged that on Aug. 27 on Main Street in the City of Batavia that Dixon rode a Yamaha motorcycle while having a BAC of .18 percent or more. In count two, she is accused of DWI as a Class E felony, in the same incident. In count three, Dixon is accused of operating a vehicle out of class, a violation. It is alleged in count three that the defendant rode the Yamaha without being the holder of a class of license which was valid for the operation of the motorcycle. In count four, she is accused of the offense of speeding at the time.

Joseph F. Chiodo is indicted for the crime of aggravated DWI, as a Class E felony. It is alleged that on June 20 in the Town of Pembroke that Chiodo drove a 2004 Chevrolet on Route 33 while intoxicated and while a child age 15 or less was a passenger. In count two, he is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, as a misdemeanor. It is alleged that when he drove on June 20 on Route 33 his ability to drive was impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count three, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting at that time in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Stacy L. Parks is indicted for the crime of aggravated driving while intoxicated, as a Class E felony. It is alleged that on June 27 in the Town of Darien that Parks drove a 2011 Ford on Route 20 while intoxicated and while a child age 15 or less was a passenger. In count two, Parks is accused of DWI, as a misdemeanor, for the same incident. In count three, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count four, Parks is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner that day which was likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.

Deborah S. Rodriguez is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Aug. 1 in the Town of Oakfield that Rodriguez drove a 2005 Nissan on Farnsworth Avenue while her driver's license was suspended and that she did so while impaired by the combined influence of drugs or of alcohol and any drug or drugs. In count two, she is accused of driving while ability impaired by a drug, as a misdemeanor, for driving on Aug. 1 while her ability to do so was impaired by the use of a drug. In count three, the defendant is accused of driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. It is alleged in count three that Rodriguez drove on Farnsworth Avenue that day while her ability to do so was impaired by the combined influence of drugs or of alcohol and drug or drugs. In Special Information filed by the District Attorney, Rodriguez is accused of having been convicted of DWI, per se, on July 5 in City of Batavia Court and her license was suspended. That suspension was still in effect on Aug. 1 pending prosecution of the crimes alleged in the current indictment.

Jay M. Blatchley is indicted for the crime of driving while ability impaired by the combined influence of drugs or alcohol and any drug or drugs, a Class E felony. It is alleged that on July 28 in the Town of Stafford that Blatchley drove a 2016 Toyota on Route 5 while his ability to do so was impaired by the combined influence of drugs. In Special Information filed by the District Attorney, Blatchley is accused of having been convicted of driving while ability impaired by drugs on Nov. 10, 2009, in the Town of Pembroke and that conviction was within 10 years of the crime alleged in the current indictment.

Michael J. Reeves is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on Aug. 4 in the Town of Pembroke that he drove a 2009 Lincoln on Route 77 while intoxicated. in count two, he is indicted for DWI, per se, as a misdemeanor, for allegedly having a BAC of .08 percent or more at the time. In count three, Reeves is accused of first-degree aggravated unlicensed operation, a Class E felony, for having no valid driver's license, because it was suspended or revoked, at the time and while under the influence of alcohol or a drug. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of driving while ability impaired by the consumption of alcohol, an infraction, on Jan. 15, 2008, of Town of Sullivan Court. That conviction forms the basis of the driver's license revocation referred to in count three of the current indictment.

Andrew M. Cerrillo is indicted for the crime of drivng while intoxicated, as a Class E felony. It is alleged that on Aug. 14 in the Town of Stafford that Cerrillo drove a 2003 Toyota on Route 5 while intoxicated. In Special Information filed by the District Attorney, Cerrillo is accused of having been convicted of DWI, as a misdemeanor, on April 17, 2014, in the Town of Grand Island Court, and that conviction was within 10 years of the crime alleged in the current indictment.

Photos: Christmas in Oakfield

By Howard B. Owens

Kaitlyn Sturgeon tells Santa that for Christmas she wants a big Lego set during Santa's visit to Oakfield yesterday.

Below, Christian Quinn, Kaylee Quinn, Mitchell Quinn, Kaitlyn and Hannah Sturgeon.

While in Oakfield, we also visited the Genesee Society of Model Engineers' annual open house.

Oakfield-Alabama hires new superintendent

By Howard B. Owens

Press release:

The Oakfield-Alabama Central School District’s Board of Education (BOE), has selected John Fisgus as the district’s next superintendent.

 "I am deeply honored and extremely excited to join the Oakfield-Alabama school community and family," Fisgus said. "I am eager to begin my work as your next superintendent and I am excited to work for such a great board and staff at Oakfield-Alabama. It is my mission to make O-A a 'District of Distinction' and through collaboration and teamwork, the place to be!"

Matt Lamb, president of the Oakfield-Alabama Central School District’s Board of Education, said: "The Board of Education truly values the input we received from the various stakeholder groups who met with the candidates to help us make a final decision.

"We are confident that John Fisgus will lead our district through the issues we face in our region. With his leadership, we will work together to deliver the best education possible for our students.”

Fisgus is currently the principal of Royalton-Hartland Middle School, in the Royalton-Hartland Central School District (RHCSD), where he has served since 2008. His responsibilities as principal include supervising and hiring all instructional and support staff, developing and managing a building budget as well as assisting with the district budget development process.

Fisgus created honor courses in all four academic core subjects within the middle school and is the facilitator of the district’s Professional Learning Community Team. Prior to that, he served as the assistant principal at Lake Shore Middle School.

Fisgus began his career in education in 1998 as an eighth-grade math teacher at Depew Middle School in the Depew Union Free School District.

He holds a Bachelor of Science and a Master of Science in Secondary Mathematics Education from the State University of New York at Buffalo. Fisgus earned a Master of Science in School Administration from Canisius College and holds a New York State School Administrator/Supervisor and School Administrator Certificate.

The anticipated start date for the new superintendent is January.

Kevin MacDonald, district superintendent of the Genesee Valley Educational Partnership, acted as the search consultant and noted that the search process was a true collaboration between the Board of Education, district staff and community.

Law and Order: Tracy Avenue man accused of smuggling drugs into jail with intent to use them

By Billie Owens

Jason Eric Jones, 44, of Tracy Avenue, Batavia, is charged with introducing dangerous contraband into prison in the first degree and criminal possession of a controlled substance. Following an investigation at the GC Jail. Jones was arrested on the charges. It is alleged that while being in custody at the jail that he smuggled drugs into the facility with the intent to use them while incarcerated. He was arraigned in City Court, put in jail, and is due back in court at a later date. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Matthew Burgett.

Anthony James Demmer, 23, of Towne Place, Alabama, is charged with: DWI; operating a motor vehicle with a BAC of .08 percent or more; unsafe backing; and unlawful possession of marijuana. On Nov. 16 at 6:53  p.m., deputies responded to the 7-Elevent Store in Oakfield for a two-car property damage accident. Following an investigation, Demmer was arrested. He was issued appearance tickets and is due in Oakfield Town Court on Dec. 17. The case was handled by Genesee County Sheriff's deputies Erik Andre and John Baiocco.

Nicholas J. Barr, 36 of Hilton, was arrested at 10:15 a.m. on Nov. 16 by troopers of out the State Police barracks in Batavia and charged with: unlawful possession of marijuana; criminal possession of a controlled substance, 7th; aggravated unlicensed operation, 2nd; along with other vehicle and traffic infractions. Troopers stopped Barr on East Main Road in the Town of Le Roy for having an uninspected motor vehicle. While interviewing Barr the odor of marijuana was allegedly present. Barr was allegedly found to be in possession of marijuana in addition to several canisters of THC oil. Further investigation also revealed Barr was operating with a suspended New York State driver's license. Barr was arrested and transported to SP Batavia for processing. He was arraigned at the Town of Le Roy Court and put in Genesee County Jail in lieu of $750 cash/$3,000 bond.

Cassandra Joy Barto, 22, of Dodgeson Road, Alexander, is charged with unlawful possession of marijuana and having an obstructed driver's view. On Nov. 18 at 11:40 a.m., deputies stopped Barto's vehicle on Veterans Memorial Drive for vehicle and traffic law violations. She was arrested and issued appearance tickets for Town of Batavia Court on Dec. 17. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Mid-20th century 'carefree' Oakfield is subject of new book

By Virginia Kropf

OAKFIELD -- Those with a curiosity about Oakfield’s past won’t want to miss the latest book published by the Oakfield Historical Society.

"The Stories Behind the Businesses (The Way We Were)" chronicles what writer Darlene Warner calls Oakfield’s “carefree years,” and tells the stories behind the businesses which put Oakfield on the map.

“I am totally enthused about this book,” Warner said. “Wherever possible, I asked family members to write their own family stories, and this resulted in fantastic histories about the businesses in Oakfield in the 1950s, ‘60s and ‘70s that only they could tell.”

Warner has covered earlier years in previous books she has written, she said. 

"The Stories Behind the Businesses" contains 65 stories, including hardware stores, grocery and dry goods stores, gas stations, car dealerships, dairies, a pharmacy, furniture stores, a flower shop, plumbers, laundromats and pizzerias.

“You name it, we had it here,” Warner said. “The stories are wonderful.”

Readers will discover how Al Hilchey got the hardware store; what it was like living at the Arnold House; that the bowling alley once had bleachers; why Cuzzy’s was called the “Eland Dairy Bar”; who had the first self-made car wash; and the interesting ways some business owners were paid.

The book also discloses when the shoemaker’s shop was demolished and what happened to the cobblestone; which grocer taught a young boy about food and self respect; and who was a former cowboy and could do some soft shoe.

“We had restaurants and hotels and so much more,” Warner said. “Plus, it was our ‘carefree years,’ where children could play outside until dark with never so much as a worry for their parents. Many people have commented to me that this was great fun for them, reminiscing over old memories. Thus, this has been a fun book to work on all the way around.”

The book, which sells for $20, is the latest in a series of books about Oakfield, all of which are on sale at the Historical Society’s Research Center, 7 Maple Ave. Or this newest book will be shipped for $6.70 more.

The book is also available at the Haxton Memorial Library, and after Dec. 3 at the Oakfield Family Pharmacy.

The Historical Society is open from 1 to 3 p.m. Sundays.

On Dec. 1, the Historical Society will be open from 11 a.m. to 3 p.m. during Christmas in the Village. During that time they will also host the Oakfield-Alabama Central School Art Show. Residents are urged to come in and vote for their favorite artist.

The Historical Society will also be an ornament stop for the Oakfield Betterment Committee.

Driver who caused serious injury accident in Corfu pleads guilty to vehicular assault

By Howard B. Owens

A 24-year-old Oakfield resident involved in a serious injury accident in Corfu in April is facing up to six years in prison after pleading guilty this afternoon in County Court to aggravated vehicular assault.

Jacob J. Szumigala also agreed to plead guilty to DWI as a misdemeanor and aggravated unlicensed operation.

As part of the plea deal, Szumigala must also plead guilty in Town of Oakfield on a pending DWI case.

Szumigala is out of jail pending sentencing at 1:30 p.m. Jan. 15 and must abide by court instructions and the agreement or statutory enhancements could be added to his guilty plea, which would mandate a five- to 15-year prison term.

There is no minimum prison term and Szumigala could receive a probationary sentence if he abides by the terms of the plea agreement.

On April 18, Szumigala was driving a 2008 Hyundai Sonata with North Carolina plates on West Main Street Road through Corfu when his car rear-ended a Honda driven by James M. Hoskins, of Corfu. Hoskins' car then struck a westbound pickup truck. Hoskins was seriously injured in the accident.

In court today, Szumigala admitted that his BAC exceeded .18 percent at the time of the accident and that he was driving recklessly.

A month earlier, Szumigala was arrested by State Police for allegedly driving drunk on Lockport Road, Alabama. That case is still pending in the Town of Oakfield Court.

Photo: File photo of April 18 accident.

Silo fire reported on Judge Road in Oakfield

By Billie Owens

A passerby reports smoke coming from a silo at 2810 Judge Road in Oakfield. The location is between Maltby and Hutton roads. Oakfield Fire Department is responding.

Law and Order: Rochester man accused of menacing officer and damaging door of Sheriff's Office vehicle

By Billie Owens

Plush Dozier, 22, of Kelly Street, Rochester, is charged with third-degree criminal mischief and attempted menacing of a police officer. He was arrested on Nov. 5 for an incident that occurred in August in which he allegedly damaged the door in the back of a GC Sheriff's vehicle while he was being transported for a court appearance. He also allegedly attempted to menace a police officer during the same incident. He was arraigned on the new charges in Batavia City Court and is due there again on Nov. 9. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Andrew Mullen.

Justin Williams, 56, Post Avenue, Staten Island, is charged with criminal obstruction of breathing. Williams was arrested following an incident on Main Street in Oakfield at 2:58 a.m. on Nov. 5 in which he allegedly placed his hands around the neck of another person, causing them to be unable to breathe. He was arraigned in Oakfield Town Court and jailed in lieu of $2,500 cash or $5,000 bond. Williams is due back in Oakfield Town Court at 6 p.m. Nov. 5. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Lawrence W. Worsley, 38, of Ridge Road, Albion, is charged with third-degree assault. He was arrested after an investigation into a domestic incident which occurred at 1 a.m. on Nov. 2 on Vine Street in the City of Batavia. He was arraigned in Batavia City Court then jailed on $2,500 cash or $5,000 bond. He is due to return to city court on Nov. 9. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Arick Perkins.

Teshawn Anthony Lang-Smith, 22, of Pearl Street, Batavia, is charged with third-degree criminal mischief and second-degree harassment. He was arrested after a domestic incident that occurred at 3:20 p.m., Nov. 2, on Bank Street in Batavia. He allegedly damaged property belonging to another person. He was arraigned and jailed in lieu of $2,000 cash or bond and was due back in city court on Nov. 5. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Christopher Camp.

Tyanna D. Green, 23, of Walnut Street, Batavia, is charged with criminal possession of stolen property in the fourth degree, identity theft in the third degree and petit larceny.  It is alleged that at 6:13 p.m. on Sept. 11 on Highland Park in Batavia that she used a stolen debit card to make multiple ATM withdrawals. She was arrested on Nov 1 and jailed with bail. She was due back in Batavia City Court on Nov. 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

Tyrone Lee Doward Jr., 28, of North Spruce Street, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 percent or more. On Nov. 3, Doward was arrested on Lake Road in Le Roy following the investigation into a suspicious vehicle at the 490 Truck Stop in Le Roy. He was allegedly parked in the parking lot after hours when the business was closed. He was transported to GC Jail and processed, then issued appearance tickets. He is due in Town of Le Roy Court on Nov. 25. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Dennis S. Rogers Jr., 46, of Batavia, was arrested on Nov. 3 by Troopers out of SP Batavia as the result of a traffic stop on Route 5. Rogers was charged with driving while intoxicated, aggravated unlicensed operation, 3rd, operating a vehicle without an interlock device, along with other traffic offenses after allegedly failing field sobriety tests. Rogers was issued an appearance ticket returnable to the Town of Pembroke later this month.

Riley Kristine Davis, 21, of Gilbert Road, Bergen, is charged with unlawful possession of marijuana and a muffler exhaust violation. She was arrested at 11:47 p.m. Nov. 3 on Clinton Street in Batavia after being pulled over for a muffler violation. She was released on an appearance ticket and is due in Batavia City Court on Nov. 13. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Sgt. Dan Coffey.

Joseph W. Morrow, 18, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. He was arrested on Cedar Street in Batavia at 9:05 p.m. on Nov. 5 after he was allegedly found in possession of marijuana during a traffic stop. He was issued an appearance ticket and released. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

Grand Jury: Four cases of driving while intoxicated or under influence of drugs

By Billie Owens

Paul M. Gelardo is indicted for the crime of driving while ability impaired by drugs, a Class E felony. It is alleged that on July 13 in the Town of Oakfield that Gelardo drove a 2002 Chevrolet on South Pearl Street while his ability to do so was impaired by drugs. In count two, he is accused of aggravated unilicensed operation of the motor vehicle in the first degree, another Class E felony. It is alleged in count two that Gelardo knew, or had reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time he drove on South Pearl Street, and he did so while under the influence of alcohol or a drug. In count three, he is accused of the same crime as in count two, plus it alleges he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the Genesee County District Attorney, Gelardo is accused of having been convicted of driving while impaired by drugs, as a misdemeanor, on March 14, 2016 in Town of Brighton Court. That conviction was within 10 years of the commission of crimes alleged in the current indictment, and he knew, or should have known, about that conviction and that his driver's license was still suspended.

Shawn J. Scheg is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Town of Stafford that Scheg drove a 2007 Acura on Route 33 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day while his license was suspended, revoked or otherwise withdrawn by authorities. In count three, he is accused of circumventing an ignition interlock device, a Class A misdemeanor, which he was court ordered to have on his vehicle and which the Acura did not have. In Special Information filed by the Genesee County District Attorney, Scheg is accused of having been convicted of DWI, as a misdemeanor, on Oct. 9, 2012 in Genesee County Court, and that conviction forms for basis for the suspension or revocation referred to in count two of the current indictment.

Carl W. Altman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 26 Altman drove a 1998 Ford in the Darien Lake Concert Amphitheater parking lot in the Town of Darien while he was intoxicated. In Special Information filed by the Genesee County District Attorney, Altman is accused of having been convicted of DWI as a misdemeanor on Aug. 24, 2015 in Town of Gates Court and that conviction was within 10 years of the crime alleged in the current indictment.

David J. Henry is indicted for the crime of driving while intoxicated, per se, as a misdemeanor. It is alleged that on March 3 in the Town of Stafford that Henry drove on 2017 Volkswagon on Route 90 while having a BAC or .08 or more. In count two, he is accused of DWI, a msidemeanor. In count three, he is accused of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count three that Henry drove while under the influence of alcohol or a drug while his license was suspended or revoked and while he had three or more suspensions imposed or at least three separate dates for failure to answer, appear or pay a fine.

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