Oakfield

Driving back from Alabama on Saturday afternoon, it was one of those late summer days that reminds you we're so lucky to live in Genesee County. And if you're reading this and don't live in Genesee County, my condolences.

I put the photos I took in a slide show so you can use the button in the lower left to expand the photos to a full screen view.

A Level 3 sex offender convicted by a jury in June of failure to register his proper address will serve one-and-a-quarter to four years in State Prison, the maximum sentence on the charge available to Judge Mark H. Dadd.

Meanwhile, Ronald A. Smith, 19, of Batavia, was given until Friday to decide whether to take a plea offer on three felony counts of sexual abuse in the first degree.

Smith is accused of sexual contact with children under age 11 within months of being released from state custody on a prior sex crime conviction.

Public Defender Gary Horton said Smith indicated that he wished to proceed to trial on sexual abuse charges, but by this morning had a change of heart and wanted time to discuss the plea offer with his family, particularly his mother.

If convicted at trial of all three counts, Smith faces up to 21 years in prison (maximum sentences of seven years each, and if imposed consecutively).

District Attorney Lawrence Friedman has offered a maximum five-year sentence -- the minimum sentence available for a second violent felony offender -- in exchange for a guilty plea.

Smith is scheduled to reappear in Genesee County Court at 9:45 a.m., Friday, to either plead guilty or request that his case go to trial.

Smith was arrested in January on the sexual abuse and failure to register charges, less than four months after being released on a similar sexual abuse conviction. Smith reportedly lived for a time on Thorpe Street, on East Main Street and in Oakfield. He only ever registered his address on Thorpe Street.

The failure to register charge was tried separately from the sexual abuse charges and a jury returned a verdict in less than two hours on June 22.

Judge Dadd, out of Wyoming County, presided over the trial because Judge Robert C. Noonan was presiding over a civil trial in Orleans County at the time.

Noonan was on the bench today for Smith's plea cut-off hearing, which followed the sentencing by Dadd on the failure to register charge.

A fire in a bedroom at 3561 Lockport Road, Oakfield, was knocked down quickly, shortly after tones went out for several fire departments to respond.

A chief on scene confirms the fire is knocked down.

Initially dispatched were all Oakfield units along with tankers and engines from Alabama, Elba and Batavia.

All Oakfield units can now proceed non-emergency and all other units are put back in service.

UPDATE 12:44 p.m.: All Oakfield units back in service.

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A vehicle is reportedly on fire in the area 3271 Lockport Road, Oakfield.

The vehicle is said to be next to a barn.

Oakfield Fire Department dispatched.

A chief is in the area and says smoke is showing.

Elba fire is being put on standby in their hall.

UPDATE 7:18 a.m.: Fire under control.

UPDATE 7:24 a.m.: Fire is out. Elba put back in service with Oakfield's thanks.

UPDATE 8:26 a.m.: Oakfield back in service.

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This grand old barn is on Batavia-Oakfield Townline Road, just inside the townline of Oakfield.

Frank Nichols Vitagliano, 28, of Luther Road, Silver Springs, is charged with a felony count of DWI, refusal to take a breath test and consumption of alcohol in a motor vehicle. Vitagliano allegedly drove past officers at the front gate of the Buffalo Federal Detention Center on Federal Drive and entered the parking lot. Vitagliano's vehicle was stopped and detained by several detention center officers. Vitagliano was jailed on $1,500 bail.

Randy L. Sanfratello, 41, of 3322 W. Main St. Road, Batavia, is charged with harassment, 2nd. Sanfratello is accused of failure to appear in Batavia City Court and was arrested on a warrant.

Rebecca L. Santiago, 25, of 5955 Main Road, Stafford, is charged with aggravated unlicensed operation. Santiago is accused of failure to appear in Batavia City Court and was arrested on a warrant. She was jailed on $250 bail.

Brandon M. Maldonado, 22, of 35 Maple St., lower, Batavia, is charged with criminal trespass, 2nd. Maldonado was arrested on a bench warrant related to his criminal trespass, 2nd, charge out of Batavia City Court. Maldonado allegedly violated probation and failed to report to Genesee County Jail on June 25 as directed by the court. Maldonado had been sentenced to intermittent jail time. Maldonado was released after posting $500 bail.

Matthew R. Hernandez, 18, of 129 State St., Batavia, is charged with menacing, 2nd, and endangering the welfare of a child. Hernandez is accused of displaying a knife in a threatening manner toward a young child during an alleged incident at 7 p.m., Friday.

Mark Laney, 31, of S. Pearl Street, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Laney was reportedly observed operating an ATV at 9:46 p.m., Saturday, in a parking lot at 49 S. Pearl St., Oakfield. Upon investigation by Deputy Howard Carlson, Laney was found to allegedly be driving drunk.

Amanda Le Carlacci, 20, of East Eden Road, Eden, is charged with possession/consumption of alcohol by a person under age 21. Carlacci was cited during an investigation at 10:20 p.m., Saturday, into a report of an underage drinking party at 710 Broadway Road, Darien.

Amber Marie Williams, 20, Broadway Road, Darien, is charged with possession/consumption of alcohol by a person under age 21. Williams was cited during an investigation at 10:20 p.m., Saturday, into a report of an underage drinking party at 710 Broadway Road, Darien.

Anibal Rodriguez, 55, Brayton Street, Buffalo, is charged with forcible touching. Rodriguez is accused of grabbing the intimate parts of a woman while at Darien Lake. Rodriguez was jailed on $500 bail.

A 17-year-old of Dean Road, Depew, is charged with petit larceny. The youth is accused of stealing a carton of Marlboro cigarettes valued at $59.50 from the Arrowhawk Smoke Shop on the Tonawanda Indian Reservation.

An unknown type fire is reported behind a residence at 45 Garibaldi Ave. in Oakfield. Town of Oakfield Fire Department is responding.

UPDATE 9:22 p.m.: The fire is a small campfire. The chief said those having the fire should be reminded of the regulations. The caller to dispatch also expressed some concern as to whether the fire was on the owner's property. The fire is being extinguished and the property ownership is being determined.

UPDATE 9:32  p.m.: The fire is out. Oakfield returning to service.

Jody Blaine Gillett, 50, of Pine Hollow Drive, Batavia, is charged with DWI, aggravated DWI and moving from lane unsafely. Following a lengthy investigation into an accident on Clinton Street Road, Batavia, on Feb. 23, Gillett was accused of driving while intoxicated.

Douglas Paul Cornelius, 32, of Pratt Road, Pembroke, is charged with petit larceny. Cornelius is accused of stealing woodworking equipment from a location on Pratt Road, Pembroke. 

Tyler P. Schroeder, 19, of Lewiston Road, Batavia, is charged with petit larceny. Schroeder is accused of stealing $700 from a residence in Elba on June 3. Schroeder was arraigned in Oakfield because no Elba town justice was available and remanded to Genesee Jail on $3,000 bail.

Earl Shateek Anthony Lockhart, 18, of East Main Street, Batavia, is charged with unlawful possession of marijuana. Lockhart is accused of trying to hand off marijuana he had in his pocket to a girlfriend while in Town of Batavia Court on an unrelated criminal charge.

William Andrew Johnson, 23, of Alexander Street, Rochester, is charged with unlawful possession of marijuana. Johnson was allegedly found in possession of marijuana during a traffic stop at 8:43 p.m., Tuesday, on Route 77, Corfu, by Deputy Patrick Reeves.

John Jeffery McCombs, 23, of Oxford Street, Rochester, is charged with unlawful possession of marijuana. McCombs was a passenger in a vehicle stopped for alleged traffic violations at 8:43 p.m., Tuesday, on Route 77, Corfu, when he was allegedly found in possession of marijuana by Deputy Patrick Reeves.

Nathaniel Michael Dickens, 18, of Broadway Street, Oakfield, is charged with harassment, 2nd. Dickens is accused of striking another person during an incident on July 7.

Deborah A. Schramm, 30, of East Main Street, Batavia, and Michael R. Schramm, 35, of East Main Street, Batavia, are charged with petit larceny. Deborah and Michael are accused of shoplifting at Walmart.

A two-car, head-on collision accident is reported on Indian Falls Road in the area of Pratt Road. Both drivers will need extrication. One of them is unresponsive and has three minors as passengers.

East Pembroke Fire Department is responding, along with mutual aid from Pembroke and Indian Falls, plus two Mercy EMS units. Two Mercy Flight helicopters are called in and a landing zone is being set up on the corner of Pratt and Indian Falls roads.

An Oakfield medic is on scene and a rig out of Oakfield is called to respond, too. Corfu Fire Police are called to handle traffic control and to shut down Indian Falls Road.

UPDATE 5:21 p.m.: A third Mercy Flight helicopter is called for, and is available, but a crew needs to be assembled. They are working to do that and will advise.

UPDATE 5:22 p.m.: The first helicopter is on the ground. Indian Falls at Route 5 is being closed to traffic.

UPDATE 5:25 p.m.: A second landing zone is being set up north of the scene, on the southeast corner of Indian Falls and Cleveland roads.

UPDATE 5:27 p.m.: A third helicopter has secured a crew and is 15 minutes away.

UPDATE 5:30 p.m.: A third landing zone is being set up at Kilian and Slusser roads.

UPDATE 5:33 p.m.: The second helicopter has landed, but not at the site originally designated. It's at Pratt and Indian Falls roads, where the first helicopter landed.

UPDATE 5:37: "Mercy Flight is advising they have a fourth helicopter if Squad 2 can ride on it."

UPDATE 5:38 p.m.: A fourth helicopter will not be needed.

UPDATE 5:41 p.m.: All patients have been extricated.

UPDATE 5:43 p.m.: Oakfield medics are en route to UMMC with two small children on board.

UPDATE 5:46 p.m.: The last helicopter has landed. The first chopper is headed to Women & Children's Hospital in Buffalo.

UPDATE 5:56 p.m.: The second helicopter is headed to Erie County Medical Center.

UPDATE 6 p.m.: The last helicopter is headed to Strong Memorial Hospital in Rochester at the patient's request.

UPDATE 7:48 p.m.: All East Pembroke units back in service. The road is reopened.

UPDATE 10:11 p.m.: A caller has told dispatchers that a television news crew is setting up in the area of the accident with very bright lights, "blinding drivers." A deputy is responding.

More pictures from the scene after the jump.

Joshua Stanley Martaus, 27, of Overlook Drive, Batavia, is charged with possession of a hypodermic instrument and petit larceny. Martaus was arrested for allegedly shoplifting at Walmart. During the investigation by Deputy Kevin McCarthy, he was allegedly found in possession of two hypodermic syringes.

Tyler Scott Brand, 19, of Pearl Street, Springville, is charged with DWI, driving with a BAC of .08 or greater, speeding and operating in violation of a conditional-use license. Brand was stopped for allegedly going 49 in a 39 mph zone at 10:13 p.m., Saturday on Route 77 in Darien by Deputy Ron Meides.

Thomas R. Hendershott, 41, Sunrise Parkway, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right and operating without insurance. Hendershott was stopped at 10:46 p.m. Tuesday on Stevens Street, Oakfield, by Sgt. Greg Walker.

An elderly Canadian man died shortly before noon in the two-car collision at Route 63 (Lewiston Road) and Batavia-Oakfield Townline Road. He was traveling northbound on Route 63 when his car crossed the center line for reasons unknown, striking a southbound car head on.

The struck vehicle was occupied by a couple from Williamsville and they were transported to UMMC with minor injuries.

Names will be forthcoming.

UPDATE 1:13 p.m.: The name of the Williamsville couple is Michael and Diane Zakes, former funeral directors in Oakfield. It will be some time before investigators determine the cause of the accident, if they ever do. Sgt. Kurt Schmitt requests that any witnesses who haven't been interviewed to please call State Police. Schmitt said, "(The elderly driver) was well into the left lane. We don't know why he crossed. That's part of our investigation." He added later, "There are clear indications that tell us he crossed into the left lane. There are indications in the roadway."

Level 3 sex offender Ronald A. Smith was convicted Tuesday afternoon in Genesee County Court of one count of failure to register a change of address.

After deliberating less than two hours, the jury of seven women and five men returned a guilty verdict, which needed to be unanimous, for a violation of the Sex Offender Registration Act. Sentencing is scheduled for 9:30 a.m. on Aug. 8.

The Lewiston, Maine, native rejected two plea offers by the District Attorney before taking the case to trial. The first offer was for one and a half to two years in prison, the minimum allowed under statute, and the second offer was for one to three years.

Smith was released Oct. 28, 2010 after serving time for first-degree criminal sexual act with a child under 11. Subsequently, he reportedly lived on Thorpe and East Main streets in the City of Batavia, as well as in Alexander and Oakfield. He was found to not be legally residing at any of these locations.

In court on Tuesday, Smith wore khaki-colored pants, and a snug-fitting white, long-sleeved shirt which revealed a well-muscled torso. His head was nearly shaved. He's about 5'4" tall.

In his brief opening statement, William Harper, an attorney with the Public Defender's Office, reminded the jury of its duty to stick to the issue at hand and not be prejudiced in weighing the evidence because his client is a sex offender.

"The presumption of innocence is the cornerstone of our justice system," Harper said. "We know you won't pre-judge."

Harper and Public Defender Gary Horton tried to create reasonable doubt in the jurors' minds by indications that Smith was confused about his obligations and was not properly instructed about them. The credibility of two witnesses who live on Thorpe Street was also called into question.

District Attorney Lawrence Friedman told jurors the case would not last long because it is not complicated. Simply put, Smith knew he had to register his address, knew how and when to do so, but did not.

A videotaped interview conducted on Jan. 13 was played in the courtroom. It shows Smith, clad in a black T-shirt and slumped in a chair, telling an officer he lived in a trailer park in Oakfield. The officer says he talked with Smith's aunt and others in Oakfield and they said Smith didn't live there and never had.

The defendent maintained that he lived in Oakfield with his fiancee until his sister was removed from his mother's house and put into foster care -- because he is not allowed by authorities to be in contact with his sister. Once that occurred, he moved in with his mother. He didn't register there because his mother "would get evicted."

But a child-protective services worker testified that he visited Smith's mother's house beforehand and found the defendant "crouched in a fetal position by the bed with his eyes covered." He said he saw him again the following day turning into the driveway of the apartment complex and contacted police.

The length of time Smith lived on Thorpe Street was said to be four days or two to three weeks, depending on who was talking. He said he notified authorities he lived there, but not the landlord. When the landlord found out he was there, it was made clear he was not welcome.

At some point, too, he purportedly lived in Alexander.

"The place you come home to is where you live...not because you get mail there," Smith is told in the videotape.

Smith, who will turn 20 in January, replied that "before you told me, I really didn't know."

And yet Smith acknowleged his parole officer told him what he needed to do as a free citizen: Notify the police within 10 days of a change of address, show police verification of address every 90 days, go for treatment if required to do so, and let the state know where he was.

Desiree Sumeriski is the mother of Smith's baby daughter and lives in an apartment on Thorpe Street. She testified that Smith stayed there until Oct. 31 after his release and left to move in with his mother.

She was romantically involved with another man at the time and when asked if this created a problem with Smith being around, she said no, that she only saw the man when Smith wasn't there.

Horton asked if she had been convicted of filing a false report of child abuse against a person with CPS and she admitted she had. Asked if she had also pled guilty to harassment charges on more than one occasion, she said yes.

Her neighbor across the street, Jennifer Schaffer, also testified that she knew Smith was staying there and that he left on Oct. 31. Her friendship with Sumeriski was pointed out by the defense, an inference that this might affect her testimony.

The cross examination of the two women was apparently an attempt to discredit their testimony that Smith lived there only a few days because Smith had stated he was there for two or three weeks. But in his videotaped interview, he says he was only on Thorpe for a few days.

Regardless, Sumeriski's landlord was not notified because Smith claims he didn't know he had to.

On cross examination, Horton tells Batavia Police Detective Kevin Czora that Smith mentioned several times he didn't know he had to notify the landlord.

"Did you ask him what he thought was required to notify the landlord?" Horton asked.

"No," the detective replied.

An administrative aide with the Sex Offender Registry in Albany testified that address information filed for sex offenders "all ends up in Albany." There are only three notifications on file for Smith.

The first move documented is from West Main Street (jail), Batavia, to Alexander. The second is from Alexander to Thorpe Street. The last is from Thorpe to South Main Street, Oakfield. There is nothing on file about residency at his mom's apartment in Batavia.

Outside the presence of the jury, Horton moved to vacate the case for lack of evidence and his motion was denied.

In closing arguments, Horton told jurors the key question is "When did Ron Smith register?" He told them to forget about the details, the forms -- which weren't explained to the defendent -- and not to use Smith's prior convictions to decide the case.

"Cases don't get much simpler that this," Friedman told the jury. "They don't get less complicated than this."

Friedman said Smith gave different addresses and different times he stayed at them. He admits that he never lived in Alexander or Oakfield, Friedman said. He also claims he thought he could just list an address without regard to where he  actually stayed, which is inconsistent with the legal obligation he acknowleged, Friedman said.

After asking to view the videotape a second time and having the stipulations of the charge reread for them, the jury reached a verdict just before 3:30 p.m. Smith will remain in custody.

A court date for other charges pending against Smith will be set at 11 a.m. on July 7.

He also faces up to five years in prison -- to be served concurrently with the failure to register conviction -- if he's found guilty of three counts of sexual acts with a child under 11.

He was arrested less than four months after being released in October, 2010 on suspicion of molesting a child in the City of Batavia.

An ATV rider driving on a trail next to a railroad track in Alexander hit a ditch and was thrown from his vehicle on Saturday afternoon.

Injured in the accident was Matthew S. Streiff, 38, of 39 Drake St., Oakfield.

Streiff was riding on the former Erie Lackawana Railroad bed, which runs parallel of Genesee Street, off Stroh Road, Alexander.

When his ATV hit the ditch, he was ejected, according to Deputy Frank Bordonaro, who investigated the accident, which happened at about 4 o'clock.

A friend transported Streiff to UMMC and Streiff was then transferred to Strong Memorial Hospital.

Streiff, who suffered a head injury, is listed in satisfactory condition at Strong.