Oakfield

Robert P. Leiser Jr., could be out of jail today, but according to Judge Robert C. Noonan, Leiser couldn't do one simple thing: follow a court order.

Noonan gave Leiser, originally indicted on two counts of assault, 2nd, a chance at a sentence of credit for time served after Leiser entered a guilty plea in the middle of his trial in April to a lesser charge of second degree attempted assault.

It's probably the first time Noonan has ever allowed a plea bargain after a trial has begun, but according to Noonan it was the most bizarre trial he's presided over and it was clear to him, he said, that the main witness against Leiser wasn't telling the truth.

"Mr. Burns (attorney Thomas Burns) saying that this was a dysfunctional relationship between you and the complainant, that's probably the understatement of the decade," Burns said. "This was a relationship that was nothing short of bizarre between two people who share a responsibility for the conduct that brought us here today."

However, Noonan said, the only person with an order of protection in place was Leiser.

Leiser was arrested in August and accused of hitting a woman in the head with a flashlight.

In deciding to sentence Leiser to one-and-a-third to three years in prison, Noonan said he also considered Leiser's criminal record, which includes at least 40 arrests and two stints in prison.

"In 25 years of criminal history, you just get arrested, go to jail, get out, go to prison, get out," Noonan said. "I don't know when you're going to wake up and say, 'I'm a grown man now, I'm in my 40s, and I need to take charge of my life and not go back to prison.' "

Noonan had hoped, he said, that Leiser could prove he was ready for that change after his guilty plea when Noonan released him from jail under supervision (RUS) of Genesee Justice.

Burns argued that Leiser wasn't accused of using drugs while he was on RUS and there is no evidence that he used drugs, but Noonan said Leiser violated his RUS contract in numerous other ways.

A large tree and multiple wires are reportedly down on South Pearl Street Road in Oakfield. Power is out in the area as a result, including traffic lights at Main Street and Maple Avenue. Oakfield fire Department is responding.

UPDATE 7:05 p.m.: National Grid is notified and has a 25-minute ETA. A utility pole is sheared off, a tree is on a vehicle, and a pole is in the roadway in the area of 39-42 South Pearl Street Road. Traffic is being shut down at South Pearl and Main.

UPDATE 7:16 p.m.: National Grid arrived a couple of minutes ago.

UPDATE 8:28 p.m.: South Pearl has been reopened.

UPDATE 8:41 p.m.: Photo from Jeremy Yasses. Unrelated to Oakfield, but related to heavy rainfall: Peaviner Road in Alexander is closed due to high water.

UPDATE 8:50 p.m.: Oakfield assignment back in service. A street off South Pearl remains closed.

A former Oakfield resident admitted in County Court today that prior to his sentencing on burglary charges in March 2012, he violated his release under supervision agreement and fled the area.

Benjamin W. Muntz, 24, is currently in state prison on a burglary conviction, but the pre-sentence report done previously for his grand larceny conviction is now out of date and must be redone.

There also needs to be a new report done on his conviction for bail jumping prior to sentencing.

Sentencing on both charges was set for Sept. 4.

Muntz is currently serving three and half to seven years on his burglary, 3rd, conviction. He faces another three-plus years for burglary, which could be served either concurrently or consecutively, depending on Noonan's decision in the fall.

The sentence on the bail jumping charge, which could be from one and half to three years, must be served consecutive to any other sentence, according to state law.

Muntz was returned to Genesee County after serving a brief jail sentence in Arkansas and he is wanted in Georgia.

Rhonda L. Reisman, 40, of 105 State St., is charged with dog running at large. Batavia PD received a complaint of a dog running at large on State Street. Reisman was identified as the owner.

Heather E. Schramm, 33, of 48 South Main St., Batavia, is charged with aggravated harassment, 2nd. Schramm is accused of sending a threatening message to another person.

Arron Lee Zimblis, 49, of 114 Vine St., Batavia, is charged with DWI, failure to stop, unsafe movement of a stopped motor vehicle and failure to yield right of way to an emergency vehicle. Officer Jamie Givens allegedly observed Zimblis commit traffic infractions Wednesday after receiving a report of an intoxicated person leaving a residence.

Daniel S. Anderson, 37, of 239 S. Swan St., Batavia, is charged with criminal possession of a weapon, 3rd. Anderson was arrested Friday following an investigation into a prior complaint. He was ordered held pending a court appearance today.

Billy Joe Johnson, 35, of 3910 W. Main Street Road, Batavia, is charged with harassment, 2nd. Johnson was arrested following an investigation into an alleged incident reported at 7:02 a.m., Sunday, at a location on State Street.

Shawn Allen Bush, 43, of Alleghany Road, Pembroke, is charged with two counts harassment, 2nd. Bush allegedly threatened to harm his ex-girlfriend and son while in an intoxicated condition.

Brian Russell Wilson, 24, of Back Street, Pembroke, is charged with unlawful possession of marijuana. Wilson was allegedly found in possession of marijuana during a traffic stop at 12:58 a.m. Sunday on Main Street, Oakfield, by Deputy Patrick Reeves. Matthew Metehan Osmancikli, 20, of Lewiston Road, Basom, was also charged.

Anthony Mark Matla, 42, of Park Avenue, Oakfield, is charged with harassment, 2nd. Matla allegedly threated to harm another person Saturday during an argument at a residence on Pratt Road.

A 16-year-old resident of Warboys Road, Byron, is charged with criminal possession of a controlled substance. The youth was allegedly found in possession of half a hydrocodone pill while at Byron-Bergen High School.

Jennifer L. Sprague, 30, of Pringle Avenue, Batavia, was arrested on a child neglect charge out of Family Court. Sprague was arrested after a bit of an alleged confrontation with police at her residence. Deputy John Baiocco reports that Sprague slammed the door after he arrived at the residence and locked herself inside. The house was surrounded with the help of Batavia PD and following some negotiations, Baiocco was able to arrest Sprague.

Heather D. Stone, 18, of Ellwood Drive, Rochester, is charged with burglary, 3rd, and petit larceny. Stone was turned over to the Sheriff's Office after being released from the Monroe County Jail on an unrelated matter. A warrant had been issued in Town of Le Roy Court for Stone's arrest. She was jailed on $2,500 bail.

A caller reports there's a man lying on or near the roadway on Batavia-Oakfield Townline Road. Meanwhile another caller reports coming home on that same street and finding the front and back door had been opened and a pair of sneakers on the porch. The man lying down is believed to be sans shoes. Law enforcement is responding, and will no doubt be checking to see if the sneakers fit the man.

UPDATE 4:10 p.m.: "Where was the subject supposed to be laying?" asks an officer. The address given is 2847 (Batavia-Oakfield TL Road).

Youths are reportedly tipping picnic tables over at the Elroy D. Parkins Memorial Park on Drake Street in Oakfield. Sheriff's deputies are responding.

This weekend, once again, baseball teams from throughout the region are in Batavia for the 2013 Michael Napoleone Memorial Foundation Tournament.

To purchase prints of photos, click here.

Bruce Jeramie Brade, 32, of Stroh Road, Attica, is charged with identify theft, 3rd. Brade allegedly used the personal information of another person, including a credit card number, for personal benefit.

Llani Marie Gerrastzu, 18, of West Main Street, Batavia, is charged with unlawful possession of marijuana. Gerrastzu was allegedly found in her home with marijuana at 6:35 a.m., Wednesday.

Shannon Ann Caton, 38, of Fisher Road, Oakfield, is charged with harassment. Caton was allegedly involved in a fight at her place of employment on April 2.

Eric A. Ion, 40, of Brant, is charged with criminal contempt. Ion is accused of violating a court order in Alexander at 4:14 p.m., May 14. Ion was arrested by State Police. No further details released.

Michelle G. Robb, 55, of Corfu, is charged with driving while impaired by drugs. Robb was stopped at 8:06 p.m., May 14, by State Police on Route 77, Pembroke. No further details released.

Richard A. Demmer, 20, of Oakfield, is charged with harassment, 2nd. Demmer was arrested by State Police related to an alleged incident reported at 5:20 p.m., May 14.

A possible structure fire is reported at 7475 S. Pearl Street Road in Oakfield. It is believed to stem from an electrical problem in the basement, which is showing some white smoke. Oakfield Fire Department is responding and mutual aid is requested from East Pembroke, Town of Batavia, and Alabama, which is called to fill in at Oakfield's hall. Everyone is out of the building.

UPDATE 6:42 p.m.: The electrical circuits have been shut off and Oakfield is waiting for National Grid to arrive. All mutual aid responders back in service.

From my drive to Alabama and back today, a tractor and silo off Route 77, Alabama, and below, a dead tree off Judge Road near Maltby.

You don't see these old iron plows used much any more, so when I saw Mike Gibson plowing a field off Lockport Road, East Oakfield, I stopped for a picture. Gibson said he plants about three acres of corn annually that he burns in his corn-fueled heater during the winter. It's a big cost savings, he said, over the $180-per-bag price for store-bought corn.

Our friend Sean Carroll from WHAM 13 was in Oakfield today to talk with Scott McKenzie, the 26-year-old accused of driving a lawn mower while intoxicated late at night. It's a good story by Sean.

Wires are arcing and smoking at 1966 Lewiston Road. A tree has fallen or is leaning on some wires. A secondary line is down and completely blocking the roadway. Alabama Fire Department is on scene. Alabama Fire Police are shutting down Lewiston Road between Knowlesville and Alleghany. Oakfield Fire Police are shutting down Lewiston at Lockport Road.

UPDATE 4:29 p.m.: Alabama commands says that only tractor-trailers will not be allowed through. Personal vehicles will be handled by fire police. Oakfield has opted to shut down Lewiston at Judge Road. A tree crew from the power company is at the scene.

UPDATE 5:08 p.m.: Roads are reopened. Alabama and Oakfield are back in service.

Scott Edwin Mckenzie, 26, of South Main Street, Oakfield, was reportedly driving a 2011 Troy-Bilt Lawn Mower on North Main Street, Oakfield, last night when he was stopped by a Sheriff's deputy and found to allegedly be under the influence of alcohol and drugs.

Mckenzie was charged with operating a motor vehicle while impaired by drugs, DWI, unlawful possession of marijuana and failure to display slow moving vehicle emblem.

Deputy Joseph Corona stopped Mckenzie at 11:16 p.m. in the area of 107 Main St., Oakfield.

Genesee County Economic Development Center is trying to get initial permitting completed on a proposed expansion of the Upstate Med-Tech Center on R. Stephen Hawley Drive just in case a specific medical device technology company wants to lease the space.

Mark Masse, VP of operations for GCEDC, told the County Planning Board on Thursday that a contractor has a potential leasee and is in negotiations now. Getting certain regulatory hurdles cleared now would help the process.

"If they reach an agreement, the potential leasee is working on a tight time frame," Masse said.

Masse doesn't know yet how many new jobs could be created by the company.

"They haven't gone before the board yet for incentives from us," Masse said. "More information would be available at that point in time, if it gets to that point."

The planning board unanimously approved site plan review for proposed 60,000-square-foot facility.

The board also unanimously approved a site plan review for a proposed 60,000-square-foot cold storage facility at the Genesee Valley Agri-Business Park.

Masse said GCEDC still owns the property the unnamed company is considering for the facility and sales negotiations are ongoing.

That company also has yet to come to the GCEDC board seeking incentives, so Masse doesn't know yet how many new jobs will be created by the facility.

In other board action:

• Did not approve variances for applicants to operate a gift and hobby shop on Knowlesville Road, Alabama, and a country store on Tesnow Road, Alabama. The board encouraged the applicants to seek a zoning change with the town rather than get a variance to existing zoning.
• Approved a special use permit for a home welding business at 7460 Alleghany Road, Alabama.
• Declared that a proposed boarding house at 316 E. Main St., Batavia, isn't subject to county planning review. Owner Terry Platt is looking to convert a single-family home into a 12-room boarding house.
• Approved subdivision and site plan review for 7,015-square-foot building to house a gun store, laser engraving business and indoor shooting range at 8240 Buffalo Road, Bergen.
• Approved site plan review to rebuild a fabrication business at 1606 Broadway Road, Darien.
• Approved, with modifications, a site plan review and area variance for a new Dollar General at 111 N. Main St., Oakfield.
• Approved a site plan review for conversion of a former restaurant and apartment complex at 6309 Clinton Street Road, Stafford, into a four two-bedroom apartment and a single one-bedroom apartment complex.

Sean M. Vickers is indicted by the Grand Jury and accused of a course of sexual conduct against a child in the first degree, a Class B felony. He is an adult accused of engaging in two or more acts of sexual conduct, which allegedly included at least one act of deviate sexual intercourse with a child less than 13 years old. The alleged incidents occurred between Nov. 2, 2001 and April 16, 2002.

Joseph E. Marr is indicted by the Grand Jury and accused of driving while intoxicated, as a misdemeanor, and for allegedly driving a motor vehicle on Dec. 14 on Route 5 and/or Keeney Road in Le Roy while under the influence of alcohol. In count two of the indictment, he is accused of having a BAC of .08 or more at the time of the alleged incident. In count three, he is accused of knowingly and unlawfully introducing dangerous contraband into a detention facility or, being a person in jail, knowingly and unlawfully made, obtained or possessed dangerous contraband. In count four, he is accused of driving while impaired by drugs, as a misdemeanor, for allegedly driving a 2001 GMC on Jan. 1 on Route 5 in the Town of Pembroke while impaired by drugs. In counts five and six, respectively, Marr is accused of criminal possession of a weapon in the third degree, Class D felonies, for allegedly possessing a "black large capacity ammunition feeding device" as well as another such device that was clear/gray, also on Jan. 1 in the Town of Pembroke.

Carrie A. Stewart is indicted by the Grand Jury and accused of tampering with evidence, a Class E felony, on Nov. 15 in the Town of Alexander. It is alleged that Stewart "believing that certain evidence was about to be produced or used in an official proceeding or a propective official proceeding and intending to prevent such production or use, suppressed it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person." This count stems from Stewart allegedly stealing merchandise from Dollar General and then when confronted by management, "threw the merchandise in the Tonawanda Creek where it was carried away by the current." In count two, the defendant is accused of petit larceny for allegedly stealing five pairs of underwear, a hat, socks, gloves, a wallet, and thermal underwear.

Shannon G. Cook is indicted by the Grand Jury and accused of driving while intoxicated, a Class E felony, for allegedly driving a 2002 Dodge pickup on Jan. 20 on Route 262 while under the influence of alcohol. In count two of the indictment, Cook is accused of having a BAC of .08 or greater at the time of the alleged incident.

Oakfield-Alabama's Salina Stymus connects for a home run during a tournament game in Nunda.

The Hornets advanced to the championship game, but dropped the match 7-0 to Keshequa.

Information and photos submited by Ron Welker.

A two-car accident with injuries and entrapment is reported at Judge and Alleghany roads. Alabama and Oakfield fire departments are responding. Mercy Flight #7 out of Buffalo is on in-air standby.

UPDATE 7:30 p.m.: There are believed to be two minor injuries. Mercy Flight is cancelled, but Mercy medics are continuing, non-emergency, and two rigs are requested. Extrication equipment is no longer needed. Traffic at Route 77 and Judge Road is blocked.

UPDATE 7:42 p.m.: The second Mercy rig is cancelled.

UPDATE 7:54 p.m.: Oakfield is returning to service. Mercy medics are transporting patients(s) to ECMC.

UPDATE 8:04 p.m.: Alabama is back in service.

UPDATE 8:09 p.m.: The roads are reopened.