Oakfield

Convicted burglary Benjamin William Muntz, 24, of Maltby Road, Oakfield, who allegedly failed to appear in County Court for a sentencing a year ago has been charged with bail jumping in the second degree.

When Muntz was sentenced on the burglary charge last week, the District Attorney's Office was undecided at that point on whether to charge Muntz with bail jumping.

Judge Robert C. Noonan was did not want to sentence Muntz on both of his felony convictions with the possibility of a bail jumping charge pending.

If convicted of bail jumping, Noonan will have the option, or not, of giving Muntz three consecutive prison terms -- for burglary, grand larceny and bail jumping.

Muntz was arrested in October in Fayetteville, Ark., where he served a short prison term on burglary-related charges. When he was released last week, he was immediately taken into custody by the Sheriff's Office and returned to Genesee County.

Muntz is scheduled to appear in court again June 4.

Wouldn't it be great to eat a juicy, sweet, fresh locally grown strawberry right about now?

You may think that's impossible, but thanks to Pudgie Riner, owner of Triple P Farms in Oakfield, starting Wednesday, you will be able to buy locally grown fresh strawberries at Harrington's Produce Stand at 5282 Clinton Street Road, Batavia.

Always an innovator looking for new ideas, Riner found a picture online of a farmer in Denmark growing strawberries from hanging baskets in a hothouse and he realized he could do locally and get strawberries out to market weeks ahead of other local farmers.

"The concern is, if we say we've got fresh strawberries from New York, nobody going to believe us," Riner said. "These really are grown right here. They're not from Florida.They're not from California. They're grown right here in New York and the same varieties that are grown locally and people are used to eating from the ground, but these are grown in a basket."

The 5,000 plants are two years old and should produce 5,000 quarts of strawberries, Riner said.

Peak harvest will be within 10 days, which is a little earlier than Riner wanted, but he'll learn from this year's growing cycle and push it back a bit next year.

He partnered with Andy Harrington (left, above) to bring the strawberries to market because the Harrington family has such a good reputation for locally grown produce.

"I decided that knowing his business, he is the right guy to sell them," Riner said. "I could sell them in my own place, Pudgie's, but I don't have the reputation of being in the produce business, so that would be one more hurdle."

Harrington's on Clinton Street opens Wednesday. The family's Oakfield location, 7550 Lewiston Road, opens in June.

It was an easy decision to take on Pudgie's berries, Harrington said. It gives him more stock early in the spring and, "they're fresh and they taste great."

Previously: Pudgie puts the local into 'locally grown' produce and garden plants

One thing is certain, Benjamin W. Muntz is going to prison. For how long is an unanswered question after Judge Robert C. Noonan decided he needs to know whether the District Attorney's Office will indict Muntz on any new charges.

The DA is considering whether to charge Muntz with bail jumping.

More than a year ago, Muntz failed to appear for his sentencing on Class D felony convictions of burglary, 3rd, and grand larceny, 3rd.

The 24-year-old Oakfield resident is suspected of fleeing the state to avoid getting sentenced and while he was away he amassed a longer criminal record.

In October, he was arrested in Fayetteville, Ark., and charged with burglary, theft of property, breaking or entering and fraudulent use of a credit/debit card.

Muntz received a prison sentence in Arkansas and was released last week and turned over to the Sheriff's Office.

During his time away, Muntz was suspected of plotting with another man in Fayetteville to rob a farm in Genesee County. He is also reportedly wanted in Georgia for alleged crimes there.

With his failure to appear for sentencing March 27, 2012, Muntz appears to have blown a deal to receive concurrent sentences on the two felony convictions.

Assistant District Attorney Melissa Cianfrini said that even before he left the state, Muntz was suspected of violating the terms of his release under supervision by drinking and using drugs.

Muntz is married with two children.

"When you look at his pre-sentence investigation and read his mother's letter, you see that his offenses are fueled by abuse of drugs and his own greed," Cianfrini said. "He has repeatedly shown that he would rather go down the path of criminal activity rather than being responsible for his own family. He was only given a release under supervision because his wife was pregnant."

Defense Attorney Thomas Burns raised the issue of Muntz facing a possible charge of bail jumping, which could lead to a mandatory concurrent sentence with his other charges.

That possibility prohibited Burns, he said, from him discussing in court the circumstances of Muntz fleeing the state.

Noonan asked Cianfrini if the people intend to file such a charge, and Cianfrini said the matter is still under investigation and hasn't been decided.

The law would allow Noonan to consider "mitigating circumstances" and not impose consecutive sentences.

"It's hard to imagine under what set of facts exist that might be mitigating circumstances, but I don't want to prejudge the case," Noonan said. "He's going to state prison. It's just costing us money to house him here. I have an inkling I'll impose a sentence on one felony count today while we make a decision about what to do."

Noonan sentenced Muntz to three and a half to seven years in state prison on the burglary, 3rd, conviction and warned Muntz that he may yet face concurrent sentences on both the grand larceny conviction and the possible bail jumping charge, if convicted.

Muntz will appear in County Court again at 1:30 p.m., June 4, to learn the rest of his fate.

"You certainly don't know what it means to be a father," Noonan said. "The conduct you have engaged in over and over again, and the irresponsible behavior that is so evident not only in your PSI, but in your departure from the state, when you were told what would happen to you if you did, is astonishing. If you loved your children, you wouldn't have engaged in criminal conduct in the first place, but you certainly wouldn't have engaged in the conduct that sent you out of state."

A female found a ferret in her flower shop at 118 Drake St. in Oakfield and called the Emergency Dispatch Center asking for someone to come and catch it. She was told they have no equipment with which to fetch the ferret, but an animal control officer is responding.

UPDATE 11:43 a.m.: The officer on scene says "The ferret was reunited with his family -- a nearby neighbor."

Jamie R. Bachorski, 18, of Webber Avenue, Oakfield, and Matthew J. Vandorn, 23, of Trumbull Parkway, Batavia, are charged with grand larceny, 4th. Bachorski and Vandorn are accused of stealing two small dirt bikes from a residence on Clipknock Road, Stafford, in early July. So far, only one of the missing bikes has been recovered.

Kenneth S. Lathrop Jr., 26, of 511 Ellicott St., Apt. A, is charged with aggravated unlicensed operation, 2nd, and unlicensed operation. A person notified police that Lathrop was allegedly driving without a license. Officer Chad Richardson observed Lathrop allegedly driving a vehicle on Clinton Street and performed a traffic stop. Lathrop was jailed on $500 bail.

Conan T. A. Kennedy, 30, of 1 Spencer Court, Batavia, is charged with parking on city streets between 2 a.m. and 6 a.m. Kennedy turned himself in at Batavia HD on a warrant issued for improper parking after he allegedly failed to appear. Kennedy posted $50 bail and was released.

Nicholas K. Gray, 19, of 2 Olyn Ave., Batavia, is charged with criminal nuisance. Gray was arrested during an investigation into an alleged underage drinking party after it was discovered there was a warrant for his arrest. He posted $100 bail and was released.

Robert J. Wheeler, 18, of 40 E. Buffalo St, Batavia, is charged with unlawful possession of alcohol under age 21. Wheeler was charged following a report of an alleged underage drinking party at 2 Olyn Ave., Batavia.

Michael Robert Sigi, 20, of Pratt Road, Batavia, is charged with endangering the welfare of a child. Sigi is accused of driving with a 14-month-old infant in his lap.

Daniel Thomas Henning, 32, of Maple Street, Batavia, is charged with criminal contempt, 2nd. Henning is accused of violating an order of protection by having a third party contact the protected person.

Al Davids, 44, of Bird Road, Byron, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Davids was stopped at 10 p.m., Saturday, on Byron Holley Road, Byron, by Deputy Joseph Corona.

Michael John Korczak, 24, of Pearl Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding and failure to keep right. Korczak was stopped at 3:02 a.m., Sunday, on Sumner Road, Darien, by Deputy Joseph Corona. Korczak was allegedly driving 70 in a 55 mph zone.

Sondra Lynn Olcott, 38, of Webber Avenue, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, following too close and unlawful possession of marijuana. Olcott was charged following a two-car motor vehicle accident at 1:37 a.m., Sunday, at Park Road and Lewiston Road, Town of Batavia.

Julie Anne Wallace, 39, of Ellicott Place, Batavia, is charged with petit larceny. Wallace, a former employee of Kmart, is accused of stealing $39.96 in merchandise while working at the store. She is accused of stealing makeup and costume jewelry between March 27 and April 22.

Ramel Joshua Askew, 19, of Batavia Stafford Townline Road, Batavia, is charged with unlawful possession of marijuana. Askew was allegedly found in possession of marijuana while in his room by College Village security.

Michele L. Difalco, 22, of West Main Street, Batavia, and Melissa M. Morton, 27, of West Middlebury Road, Bethany, are charged with petit larceny. Morton is also charged with criminal possession of a controlled substance, 7th. Both women are accused of shoplifting from Target. Morton was also allegedly in possession of pills containing a controlled substance.

Peter C. Ayala III, 29, and Jamie L. Ayala, 33, both of Wood Street, Batavia, are charged with petit larceny. They are accused of stealing $72 in merchandise from Kmart.

Clinton John Sundown, 18, of Skye Road, Basom, is charged with unlawful possession of marijuana. Sundown was charged following an investigation into a property damage accident at 4:07 a.m., Saturday, on Bloomingdale Road, Tonawanda Indian Reservation. Sundown allegedly possessed individually packaged bags of marijuana. Additional charges are possible.

Ted Eugene Kingsley, 40, of Warsaw Road, Le Roy, is charged with petit larceny. Kingsley is accused of entering an unlocked vehicle on Pratt Road, Batavia, on March 28 and stealing $600 cash from a purse.

Information and photos submitted by Chuck Flynn.

Students at Oakfield-Alabama Middle-High School turned out to the gymnasium Friday for a "Going Bald for Bucks" event that raised more than $9,000 for Roswell Park Cancer Institute. More than 30 people participated.

Russell L. Penepent, 50, of 218 State St., Batavia, is charged with disorderly conduct, harassment, 2nd, and resisting arrest. Penepent is accused of yelling obscenities at passing traffic while in the area of 19 Oak St., Batavia, and causing a disturbance. Penepent then allegedly fought with police when officers attempted to take him into custody. Penepent was jailed on $10,000 bail or $20,000 bond. The incident was handled by officers Eric Dibble, Kevin DeFelice, Marc Lawrence and Sgt. Chris Camp.

Jamie L. Ayala, 33, of 10 Wood St., Batavia, is charged with trespass. The alleged incident was reported April 16 at 412 E. Main St., Batavia, and Ayala turned herself in on a warrant Thursday. No further details released.

Robert L. Stanley, 53, of 26 Ganson Ave., lower, Batavia, is charged with criminal contempt, 2nd. Stanley is accused of violating a stay away order of protection at 7:24 p.m., Friday. Stanley was jailed on $1,000 bail.

Matthew A. Poole, 21, of 5 Warren St., Batavia, is charged with disorderly conduct. Poole was charged following an alleged incident reported at 2:16 a.m. Sunday at 262 East Ave. in Batavia.  No further details were released.

Jeremy R. Eaton, 36, of 129 State St., Batavia, is charged with harassment, 2nd, criminal mischief, 4th, and endangering the welfare of a child. Eaton turned himself in on a warrant related to an alleged incident at 12:40 a.m., Friday. Eaton was jailed on $1,000 bail. No further details were released.

Danny J. Torok Jr., 25, of 34 Maple St., upper, is charged with harassment ,2nd, criminal obstruction of breathing/blood circulation and endangering the welfare of child. Torok was arrested in connection with an alleged incident at 11:45 a.m. Friday at 34 Maple St., Batavia. Torok was jailed on $2,500 bail.

Jordan Matthew Brown, 20, of Ellicott Street, upper, Batavia, is charged with petit larceny. Brown is accused of shoplifting at Kmart on Friday.

Michael Foster Brandt, 22, of Montclair Avenue, Batavia, is charged with driving while ability impaired by drugs, tinted windows, no front plant and loud exhaust. Brandt was stopped at 4:01 p.m. on Feb. 2 by Deputy Kevin McCarthy. Further investigation revealed Brandt was allegedly under the influence of drugs at the time of the stop.

Michael Foster Brandt, 22, of Montclair Avenue, Batavia, is charged with criminal mischief, 4th, for allegedly kicking and damaging the car of another person at a location on Route 5, Stafford, at 4:24 p.m. Jan. 26.

Destiny Mikel London, 22, of Hanlon Road, Albion, is charged with two counts of felony aggravated DWI, driving while ability impaired by drugs, driving on a suspended registration, aggravated unlicensed operation and no insurance. London was stopped at 6:33 p.m., Friday, on Main Street, Oakfield, by Deputy Howard Carlson. She allegedly had two children in the vehicle at the time, ages 2 and 3.

Minnie Henry, 25, Pearl Street Road, Batavia, is charged with resisting arrest, DWI, driving with a BAC of .08 or greater and speeding. Henry's vehicle was stopped for allegedly driving 69 in a 66 mph zone on Hartshorn Road at 2:10 a.m. Saturday by Deputy Joseph Corona.

Jared Shaun McDonald, 19, of Lake Street Road, Pavilion, is charged with assault, 3rd. McDonald allegedly pushed another person causing a back injury at 3:57 a.m., Sunday. McDonald was jailed on $1,000 bail or $2,000 bond.

A 17-year-old from Darien Center, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Summer R. Prentice, 19, of Knowlesville Road, Alabama, is charged with obstructing governmental administration, 2nd, resisting arrest, disorderly conduct and harassment, 2nd. Prentice was arrested and held on bail related to alleged events reported at 12:46 p.m., April 5, in the Town of Oakfield.

Stephanie A. Wixson, 36, of North Street, Batavia, is charged with aggravated unlicensed operation and driving while impaired by drugs. Wixson was stopped at 10:31 p.m. April 16 in the Town of Alexander by State Police. No further details released.

Photo: Looking from Albion Road toward Bliss Road, Oakfield.

Today, parts of the county had a mixture of snow and hail, a bit of wind and cold -- under 40 degrees.

Tomorrow will be sunny with a high of 48.

Samantha Pangrazio pulls a bag of garbage from under a tree off Albion Road, in Oakfield.

Pangrazio, along with Jacqualine Chamberlain (pictured) and Debbie Martin, were on Albion Road this morning picking up trash and litter as part of a community Earth Day clean up. More than a dozen other volunteers participated.

This is the fourth year for the event, which Pangrazio started her sophomore year in high school.

"As a kid I grew up out in the middle of nowhere and I saw how people always threw garbage around and it really bothered me," Pangrazio said. "My mom would take us out and we would clean up the garbage. I thought it was something other people don't really think about, so I wanted to raise awareness about how gross some people can be."

This year's sponsors were: Genesee County Roofing, Lamb Farms, Loraine's Day Care, Caryville Inn, Alli's Cones & Dogs, Santino's Pizza and Becky's Treasures and Crafts.

Jamie R. Bachorski, 18, of Webber Avenue, Oakfield, and Matthew J. Vandorn, 23, of Trumbell Parkway, Batavia, are charged with burglary, 3rd. Bachorski and Vandorn were arrested yesterday as the result of an investigation into a burglary reported July 5. The investigation began with the report of a barn being broken into and several items stolen. Both suspects were jailed on $5,000 each. The investigation was conducted by Juvenile Officer John Dehm, Investigator Timothy Weis and deputies Timothy Wescott, Cory Mower, Chad Minuto and James Diehl.

Carl Joseph Shelter, 25, of Lewiston Road, Alabama, is charged with unlawful fleeing a police officer in a motor vehicle, failure to stop for stop sign, speeding (139 mph in a 55 mph zone), operation of a motor vehicle by an unlicensed driver and failure to keep right. Shelter was arrested following a pursuit that started on Feeder Road, Alabama, at 12:56 a.m. and concluded later on the Tonawanda Indian Reservation. He is also charged with uninspected motor vehicle, no/inadequate plate lamp and failure to dim high beams.

Hannah Marie Traub, 30, of West Kendall Road, Kendall, is charged with petit larceny. Traub is accused of stealing metal snow fence posts that are owned by the Oakfield Highway Department from a location on Lewiston Road, Oakfield.

Justin Terrance Lee Abbott, 23, of Denrose Drive, Amherst, and Michael T. Robb, 21, of Condon Avenue, Buffalo, are charged with unlawful possession of marijuana. Abbott and Robb were in a vehicle stopped for an alleged traffic violation on Quaker Hill Road, Elba, at 1:11 a.m. Wednesday by Deputy James Diehl. Abbott was issued an appearance ticket and Robb was turned over to North Tonawanda PD on an arrest warrant.

Tresia DonMarie Brace, 19, of Crimson Heights Street, Albion, is charged with petit larceny. Brace is accused of shoplifting at Kmart. Brace allegedly fled from store security after being confronted and was later located at Subway.

Terryl Kiev Coombs, 21, and Donte Angel Meredith, 22, both of Oak Street, Batavia, are charged with petit larceny. Coombs and Meredith are accused of stealing $180 in DVDs from Walmart.

A distraught young female who was seen walking and screaming "inconsolably" in Oakfield was reported to dispatch and a law enforcement officer responded to her location at Maple Avenue and Gibson Street. She apparently refused to comply with the officer's directives and became abusive. As the officer attempted to arrest this person, she physically resisted and was pepper-sprayed. Mercy medics just arrived on scene to provide aid for the "irritant to the eyes."

UPDATE 1:38 p.m.: The patient was transported to a hospital in Medina.

Joshua A. Stantos, 18, of 4585 Lake Ave., Rochester; Tyree A. Bradley, 20, of 1270 North St., Rochester; and, Skylynn D. Johnson, 16, of 110 Walnut St., Batavia, are charged with burglary, 2nd, and robbery, 2nd. The suspects are accused of entering a residence without permission and using force to steal a bracelet. The alleged incident was reported at 3:34 p.m., Thursday. All three were jailed without bail.

Darrin Todd Moreland, 47, of Telegraph Road, Medina, is charged with petit larceny. Moreland is accused of stealing snow fences and posts.The fences were rolled up and laying along the side of Lewiston Road waiting for the Town of Oakfield Highway Department to pick up.

Charles Rashad Foster, 26, of Carter Street, Rochester, is charged with unlawful possession of marijuana. Foster was a passenger in a vehicle stopped at 3:33 p.m. Sunday on Oak Street, Batavia, by Deputy Kevin McCarthy and found during the traffic stop to allegedly possess marijauna.

Brianna Elise McGrady, 24, of Campbell Street, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, 2nd, driver's view obstructed and unlicensed operator. McGrady's vehicle was stopped at 3:33 p.m. Sunday on Oak Street, Batavia, by Deputy Kevin McCarthy.

Edward Thomas Zaremski, 62, of Lockport Road, Oakfield, is charged with DWI, failure to keep right, refused pre-screen device. Zaremski's vehicle was stopped by Sgt. Thomas Sanfratello at 11:56 p.m. Saturday on Lockport Road, Oakfield, after a report of a vehicle in Elba being driven erratically. Zaremski was jailed on $100 bail.

Lauren Kay Pellegrino, 31, of Jackson Street, Batavia, is charged with DWI, speeding, possession of an open container, unlicensed operator. Pellegrino's vehicle was stopped at 12:07 a.m. Saturday on Main Street, Batavia, by Deputy Patrick Reeves.

Jessica Katherine Forrester, 21, of Erie Street, Albion, is charged with unlawful possession of marijuana. Forrester was a passenger in a vehicle stopped by Deputy Patrick Reeves on Route 77 in Pembroke.

Christopher Arron Saddler, 29, of West State Street, Albion, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 2nd. Saddler was stopped at 6:17 p.m. Friday on Route 77, Pembroke, by Deputy Patrick Reeves.

Emma Jean Brinkman, 57, of Sunset Parkway, Oakfield, is charged with petit larceny. Brinkman is accused of stealing $84.93 in merchandise from Kmart.

Lisa Sue Metcalf, 33, of Batavia Oakfield Townline Road, Oakfield, was arrested on a bench warrant for alleged criminal possession of stolen property, 3rd. Metcalf is accused of failure to comply with Genesee Justice conditions. Metcalf was jailed on $250 bail.

Raymond Amaro, 26, of Washington Avenue, Batavia, was arrested on a warrant for alleged violation of probation. Bail was set at $50,000.

Melanie Patricia Heidt, 21, of Elmgrove Road, Rochester, is charged with possession of more than 400 untaxed cigarettes. Heidt was stopped at 9:23 p.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves.

Francis J. Sheehan, 61, of 400 E. Main St., Batavia, is charged with harassment, 2nd, and criminal contempt, 1st. Sheehan is accused of punching a woman. There was allegedly an order of protection in place.

Ryan C. Riggi, 18, no permanent address, is charged with failure to appear. Riggi was turned over to Batavia PD on a warrant out of City Court and jailed on $5,000 bail.

Summer Ogden, 37, of 29 Central Ave., Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Ogden was allegedly found in the apartment of a person she is barred from contacting after police were summoned to a Liberty Street location for a reported disturbance. Ogden allegedly entered the residence without permission. The criminal contempt charge is a felony because Ogden has a similar conviction in the past five years.

Kelvin B. Murphy, 40, of 319 Ellicott St., Batavia, is charged with petit larceny and grand larceny, 4th. Murphy allegedly stole a wallet while at a business on East Main Street, Batavia. The wallet contained credit cards and cash.

Daniel L. Dioguardi, 31, of 4993 Upper Holley Road, Holley, is charged with criminal possession of stolen property and two counts of criminal possession of a forged instrument and two counts of petit larceny. Dioguardi turned himself in on warrants for the charges.

Rachael A. Baeher, 26, of 40 Church St., Le Roy, is charged with endangering the welfare of a child, appearance in public under influence of a drug other than alcohol, unlawful possession of marijuana and criminal possession of a controlled substance 7th. Baeher was arrested after police were summoned to the Days Inn at 11:16 p.m., Wednesday, for the report of a woman requesting assistance after ingesting drugs. Baeher allegedly had two small children with her. She was jailed on $1,500 cash bail.

Timothy A. Shay, 48, of Waterport, is charged with issuing a bad check. Shay was arrested by State Police in connection with an alleged incident in the City of Batavia reported at 1 p.m., March 19. No further details released.

Cory J. Trybushyn, 25, of Batavia, is charged with petit larceny. Trybushyn is accused of stealing from Target at 9:56 p.m., Thursday. Trybushyn was arrested by State Police.

Ramel J. Askew, 19, of Bronx, is charged with petit larceny. Askew is accused of stealing from Target at 4:36 p.m., Friday. Askew was arrested by State Police.

A motor-vehicle accident with injuries is reported in the area of 3396 Maltby Road. Oakfield Fire Department and Mercy Medic #2 are responding. The location is between Fox and North Pearl roads. Fire police are also en route.

UPDATE 9:03 p.m.: There is one vehicle, which is at the side of the road, and one victim. The location is just west of Fox Road.

UPDATE 9:21 p.m.: The female driver is conscious and alert. Her vehicle struck a power pole but did not cause serious damage to it. National Grid is notified. A flatbed tow truck is called to the scene.

UPDATE 9:25 p.m.: The patient is being taken by ambulance to Erie County Medical Center.

UPDATE 9:30 p.m.: The Oakfield assignment is back in service.

A two-car accident with injuries is reported at 7697 Lewiston Road. One person is said to have facial injuries and cuts, but is out of the vehicle. Oakfield Fire Department is responding, along with Mercy medics.

UPDATE 12:27 p.m.: Responders have discovered this is actually two separate accidents, each involving only one vehicle. The location of the second accident is 7714 Lewiston Road and there are two people involved, both of whom will be sign-offs. Town of Batavia Fire Department is responding. Fire police will shut down southbound Route 63 at Batavia-Oakfield Townline Road.

UPDATE 12:32 p.m.: Oakfield will handle both accidents. Town of Batavia can remain in quarters.

UPDATE 12:48 p.m.: Oakfield is back in service and the road is reopened.

A 42-year veteran of the Oakfield Volunteer Fire Department, who was accused earlier this month of stealing water from the Village of Oakfield, has been cleared of the charge.

Robert Augustus Hilchey, 60, of North Pearl Street, Oakfield, said that Town Justice Thomas Graham called him at 11 a.m. and informed him all charges have been dropped and that the court records on the case have been sealed.

Hilchey shared a copy of an e-mail sent by Assistant District Attorney Will Zickl to Graham asking that the charge be dismissed.

"Based upon information our office has received from the Village of Oakfield, the people request that the charge in the above captioned case be dismissed," Zickl wrote in the e-mail.

Hilchey was accused of theft of services on the belief that he had attached a new valve to the fire department's water system that allowed water to be diverted before it reached the water meter.

In a message sent to The Batavian today, Hilchey said he made repairs that were approved by the fire department board.

"I repaired two valves," he said. "At no time did I add an additional line before the meter. We had one garden hose bib and we still have one garden hose bib."

Last week, the fire department board shared an open letter to the village asking that the charges against Hilchey being dropped, saying that Hilchey had acted at the behest of the board.