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Oakfield

Oakfield man accused of sexual contact with child in 2002

By Howard B. Owens

A 41-year-old Oakfield man has been accused of having sexual contact with a child under age 11.

Charged with sexual abuse in the first degree is John W. Eastridge, a resident of Bennett Avenue, Oakfield.

Eastridge was arrested by Youth Officer John Dehm following an investigation into an incident that allegedly occurred in November 2002.

Following arraignment, Eastridge was released under supervision of Genesee Justice.

Law and Order: Oakfield man accused of threatening, choking girlfriend

By Howard B. Owens

Thomas Harold Hofer, 51, of South Pearl Street, Oakfield, is charged with coercion, 1st, two counts of criminal mischief, 4th, criminal obstruction of breathing or blood circulation and trespass. The charges against Hofer stem from an alleged domestic dispute with his girlfriend at 9:43 p.m., Sunday, in the Town of Batavia. Hofer was jailed on $5,000 bail.

John Everett Pfalzer, 48, of Sumner Road, Darien, is charged with harassment, 2nd. Pfalzer is accused of striking the hand of another person. The alleged incident was reported at 10:40 a.m., Monday.

Deborah A. Schramm, 32, of Lewis Place, Batavia, was arrested on a bench warrant for alleged failure to appear on an attempted petit larceny charge.

Law and Order: Man arrested by Batavia PD accused of using holding cell as bathroom

By Howard B. Owens

Maurice G. Leach, 36, of 212 State St., Batavia, is charged with menacing, 3rd, resisting arrest, obstructing governmental administration and criminal tampering, 3rd. Police officers Eric Hill, Thad Mart and Chris Camp responded to a report of a male subject hitting a woman outside 212 State St. at 8:39 a.m., Sunday. During the investigation, Leach allegedly became combative and when officers attempted to place him into custody, he allegedly resisted arrest. While at police headquarters, Leach allegedly urinated and defecated on the floor of the holding cell. Leach was jailed on $50,000 bail.

Edward R. Freida, 41, of 47 Tracy Ave., Batavia, is charged with criminal possession of a weapon, 3rd. Freida was allegedly found in possession of a switchblade knife during a routine search of his residence by a probation officer. Because Frieda has a prior conviction for criminal possession of a weapon, 4th, the charge is elevated to third degree. Freida was jailed without bail.

Jessica L. Polk, 36, of 202 Bank St., Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Polk is accused of pushing and grabbing a child during a domestic incident.

Ann M. Schlegel, 35, Lawrence A. Atkins, 35, and Leon D. Atkins, 16, all from Medina, are charged with petit larceny. The trio is accused of attempting to steal $337.31 in merchandise from Kmart at 5:54 p.m., Sunday.

Scott Dwayne Kingdon, 46, of Sparks Road, Pavilion, is charged with criminal contempt, 2nd. Kingdon is accused of sending e-mails to a person in violation of an order of protection.

Nathaniel L. Beglinger, 21, of Peaviner Road, Alexander, is charged with criminal mischief, 4th. Beglinger is accused of recklessly causing damage to a building in Darien, causing more than $250 damage, at 12:35 a.m., Dec. 1.

Dennis J. Saporito, 25, of Culver Road, Albion, turned himself in on a bench warrant out of Batavia City Court for alleged driving while ability impaired. Saporito was arraigned and sentenced to 10 days in jail.

Robert Lee Ealey, 26, of Phelps Road, Rochester, Ealey was taken into custody by Rochester PD on a bench warrant issued by Genesee County Court and turned over to the Sheriff's Office. Ealey was held pending arraignment today.

Adam M. Miller, 20, of Oakfield, is charged with criminal mischief, 4th. Miller is accused of damaging property with a value greater than $250 at 4 a.m., Jan. 1, in the Town of Shelby. Miller was arrested by State Police. No further details released.

Law and Order: 74-year-old Rochester man accused of driving with 31 suspensions on his record

By Howard B. Owens

Alberto Laboy-Bertran, 74, of North Plymouth Avenue, Rochester, is charged with aggravated unlicensed operation and unlicensed operator. Laboy-Bertran is accused of driving at 11:40 a.m., Sunday, with 31 active driver's license suspensions and revocations dating back to 2000. Laboy-Bertran was jailed on $25,000 bail.

Aaron David Prusak, 25, of Park Street, Warsaw, is charged with criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument and aggravated unlicensed operation, 3rd. Prusak was located in a 2000 Chevrolet Silverado at 10:31 p.m., Friday, parked in the roadway of Route 19 in Bergen. Upon investigation by Sgt. Greg Walker and Deputy Joseph Graff, Prusak was allegedly found in possession of a needle and a controlled substance.

Ryan Nicholas DeSantis, 19, of South Main Street, Batavia, is charged with petit larceny. DeSantis is accused of shoplifting while working at Kmart.

Kyle David Ferguson, 20, of Maltby Road, Oakfield, is charged with petit larceny. Ferguson is accused of shoplifting while working at Kmart.

Large fight reported outside Oakfield Hotel

By Howard B. Owens

A large fight is reported outside of the Oakfield Hotel, South Pearl Street, Oakfield.

Multiple law enforcement units are responding.

UPDATE 12:17 a.m.: Two males fighting, crowd gathering.

Law and Order: Batavia man jailed on criminal charges, alleged drug court violation

By Howard B. Owens

Timothy L. Taylor, 38, of 219 N. Spruce St., #124, Batavia, is charged with assault, 3rd, criminal obstruction of breathing and reckless endangerment, 2nd. Taylor was picked up by the State Police at a location on West Main Street Road on an unrelated matter Saturday and turned over to the Batavia PD on a warrant for the listed charges. Taylor is also accused of violating the terms of Drug Treatment Court. Taylor was jailed on $5,000 bail for the alleged criminal offenses and $100,000 for the alleged violation of drug court terms. He is schedule to reappear in city court on Dec. 26.

Scott N. Cameron, 30, of 25 Vine St., Batavia, is charged with harassment, 2nd and endangering the welfare of a child. Cameron is accused of hitting a family member who is under age 17.

Benjamin L. Brade, 30, of 12 Denio St., Batavia, is  charged with criminal contempt, 2nd. Brade is accused of violating an order of protection by being under the influence of alcohol while with the protected party.

Carl I. Sherman, 33, of 68 Dix St., Rochester, is charged with aggravated harassment, 2nd. Sherman was picked up by Rochester PD and turned over to Batavia PD on a warrant related to the listed charges. Sherman posted $500 bail.

Emily V. Salvatore, 30, of Bergen, is charged with DWI and driving with a BAC of .08 or greater. Salvatore was stopped by State Police at 11:27 p.m., Friday, on Route 31, Albion.

John Lee Smith, 38, of Rose Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, avoiding intersection, failure to keep right, moving from lane unsafely. Smith was stopped at 9:49 p.m., Saturday, on West Main Street Road, Batavia, by Deputy Frank Bordonaro. Smith was allegedly observed avoiding the intersection at River Street and Main Street and not maintaining his lane.

Jeffrey J. Cervone, 44, of Skye Road, Basom, is charged with petit larceny. Cervone was taken into custody by the State Police out of Clarence and turned over to the Sheriff's Office on a bench warrant.

Gary Howard Waters, 35, of East Avenue, Gasport, is charged with DWI, driving with a BAC of .18, speed not reasonable and prudent, leaving the scene of a property damage accident and failure to keep right. Waters was arrested following an investigation by Deputy Jason Saile and Deputy Eric Seppala into a motor vehicle accident at 3:03 a.m., Saturday, on Lewiston Road, Oakfield.

Robert A. Barnhart Jr., of Le Roy, was arrested on a warrant by the Wyoming County Sheriff's Office. Barnhart is accused of owing several thousands of dollars in restitution from a prior case.

Hit-and-run accident reported on Lewiston Road, vehicle northbound

By Howard B. Owens

A hit-and-run accident is reported in the area of Galloway and Lewiston roads.

Law enforcement is looking for a gold Chevy Silverado 1500. The truck is heading north into Oakfield.

The victim vehicle sustained only minor damage.

Mercy Flight responds to two calls in Genesee County

By Howard B. Owens

Mercy Flight was called on two separate incidents in Genesee County after midnight, Friday.

At about 12:15 a.m., a pickup truck reportedly hit a tree on Perry Road just north of York Road. There were two male occupants. One victim was able to get out of the vehicle, but the second victim required a Mercy Flight transport with a possible head injury.

Pavilion fire responded to the Perry Road accident.

At about 12:30 a.m., dispatchers received a report of a woman fallen on Pearl Street. Oakfield fire was dispatched and a short time later, requested Mercy Flight to the scene. A landing zone was set up at the school.

Mercy Flight 5 out of Batavia responded to the Pavilion accident. Mercy Flight 7 out of Buffalo responded to Oakfield.

RIT announces Dean's List honorees for Fall 2012

By Billie Owens

The following local residents made the Dean's List for Fall 2012 quarter at Rochester Institute of Technology:

ALEXANDER

Brittani Scharlau, a second-year student in the College of Health Sciences and Technology.

BASOM

Daniel Mancuso, a fourth-year student in the E. Philip Saunders College of Business.

Dean Kubik, a second-year student in the Kate Gleason College of Engineering.

Daniel Crossen, a fifth-year student in the Kate Gleason College of Engineering.

Erin Crossen, a fourth-year student in the College of Science.

BATAVIA

David Renzo, a fifth-year student in the College of Applied Science and Technology.

Matthew Zaso, a fourth-year student in the B. Thomas Golisano College of Computing and Information Sciences.

Joy Snyder, a fourth-year student in the College of Science.

Amanda Krol, a third-year student in the College of Applied Science and Technology.

Matthew Jackson, a fifth-year student in the Kate Gleason College of Engineering.

Maura Chmielowiec, a second-year student in the Kate Gleason College of Engineering.

Sophia Del Plato, a second-year student in the College of Imaging Arts and Sciences.

BERGEN

Matthew Starowitz, a fifth-year student in the Kate Gleason College of Engineering

Trevor Thunell, a fifth-year student in the College of Applied Science and Technology.

Nicholas Quilliam, a fourth-year student in the B. Thomas Golisano College of Computing and Information Sciences.

Charles Slack, a fourth-year student in the B. Thomas Golisano College of Computing and Information Sciences.

Michael Slack, a second-year student in the College of Imaging Arts and Sciences.

Eric Hunt, a first-year student in the B. Thomas Golisano College of Computing and Information Sciences.

Matthew Haywood, a fifth-year student in the Kate Gleason College of Engineering.

Robert Ellsworth, a fifth-year student in the Kate Gleason College of Engineering.

Philip Berggren, a fourth-year student in the College of Imaging Arts and Sciences.

Joshua Barnard, a third-year student in the College of Imaging Arts and Sciences.

CORFU

Michael Zaikis, a fifth-year student in the College of Applied Science and Technology.

Karl Pajak, a second-year student in the College of Imaging Arts and Sciences.

Nicholas Flumerfeldt, a third-year student in the College of Applied Science and Technology.

DARIEN CENTER

Robert Osborn, a first-year student in the Kate Gleason College of Engineering.

Christopher Snyder, a first-year student in the College of Science.

Jason Inman, a fifth-year student in the Kate Gleason College of Engineering.

LE ROY

Russell Schultz, a fourth-year student in the College of Health Sciences and Technology.

Kristen Stacy, a third-year student in the College of Imaging Arts and Sciences.

Benjamin Nicodemus, a first-year student in the College of Applied Science and Technology.

Jonathon Locke, a fifth-year student in the Kate Gleason College of Engineering.

Ryan Hochreiter, a first-year student in the Kate Gleason College of Engineering.

Kari Branton, a third-year student in the College of Applied Science and Technology.

Alex Graham, a fourth-year student in the B. Thomas Golisano College of Computing and Information Sciences.

OAKFIELD

Hannah Belliveau, a second-year student in the Center for Multidisciplinary Studies.

John Koenig, a third-year student in the College of Applied Science and Technology.

PAVILION

Evyn Morgan, a fourth-year student in the College of Imaging Arts and Sciences.

Rochester Institute of Technology is internationally recognized for academic leadership in computing, engineering, imaging science, sustainability, and fine and applied arts, in addition to unparalleled support services for deaf and hard-of-hearing students. RIT enrolls 17,500 full- and part-time students in more than 200 career-oriented and professional programs, and its cooperative education program is one of the oldest and largest in the nation.

State audit knocks Town of Oakfield for lack of proper bookkeeping for garbage punch cards

By Howard B. Owens

A comptroller's audit in the Town of Oakfield uncovered what appears to be an accounting error with garbage punch cards.

Some 1,519 cards, with a value of $30,380, are missing.

It doesn't appear that any funds are missing or have been misappropriated, said Town Supervisor Mike Cianfrini, and the comptroller's report doesn't accuse anybody of wrongdoing.

The town has already taken measures to improve controls, according to the report and Cianfrini.

"When we went to the ticket process, it was kind of a work in progress," Cianfrini said. "I don't think proper controls were put in place, and those have since been implemented."

Going forward,

  • the town clerk will maintain an inventory record for cards when obtained, distributed to other entities for sale then sold, and will periodically reconcile the card records;
  • the board will require waste facility attendants to retain completely used cards to assist in future audits; and,
  • the board will audit the punch card records on an annual basis.

The town received 5,000 press-numbered cards for sale to the public in February 2011. The cards sell for $20 each at the town hall, village hall and three local businesses.

At the time of the audit, 1,446 cards had been sold and 2,035 were unsold with 1,519 missing.

Cianfrini said there doesn't appear, however, to be any missing funds.

"Due to the lack of sufficient record keeping, we could not determine the reasons for these gaps," the auditors state.

While there's no accusation of wrongdoing, the auditors do state, "there is no assurance that the unaccounted cards were not sold, lost or stolen."

The discrepancies were found, Cianfrini said, during an audit of the town's entire recording keeping and financial systems.

"When I met with them after this report came out -- they looked at the entire town's financial transactions -- and this was the only issue noted," Cianfrini said. "They were actually impressed with the financial controls in the town."

Possible silo fire on Drake Street Road, Elba

By Billie Owens

A possible silo fire is reported at 3869 Drake St. Road in Elba. The location is between Pekin and Weatherwax roads. Elba fire is responding along with mutual aid from Oakfield.

UPDATE 1:13 p.m.: A tanker from the Town of Batavia is requested to the scene.

UPDATE 1:20 p.m. A crew from the Town of Barre in Orleans County is asked to stand by in quarters.

UPDATE 2:16 p.m.: A fire truck from Alabama is called to a draft site on Fisher Road to assist in fighting the silo fire.

Law and Order: Oakfield teen accused of stealing three ATVs over the summer

By Howard B. Owens

Jamie R. Bachorski, 18, of Oakfield, is charged with two counts of burglary, 3rd. Bachorski is accused of stealing two ATVs from a storage shed on Batavia Oakfield Townline Road over the summer. He's also accused of entering a pole barn on Fisher Road and stealing an ATV. Bachorski was jailed on $10,000 bail for alleged violation of probation. The case was investigated by Deputy Tim Wescott, Youth Officer John Dehm and Investigator Roger Stone.

Joseph Thomas Bortie, 41, of Knowlesville Road, Alabama, is charged with driving while ability impaired by drugs, moving from lane unsafely and driving across hazardous marking. Bortie was stopped at 4:28 p.m. Monday on Route 262, Byron, following a report of an erratic driver on westbound Route 262. Deputy Chad Minuto located Bortie's vehicle a short time later near Transit Road. Minuto said he saw Bortie's vehicle cross into the eastbound lane and almost collide with another vehicle. Bortie was taken into custody following field tests. He was released on an appearance ticket.

Jennifer Lynn Sprague, 29, of Pringle Avenue, Batavia, is charged with falsely reporting an incident to law enforcement. Sprague was taken into custody on Central Avenue on a warrant for the charge out of Town of Bergen Court. She was released under supervision of Genesee Justice.

Law and Order: Oakfield woman accused of trying to harm neighbor's dog

By Howard B. Owens

Roxanne G. Rowe, 25, of Maple Avenue, Oakfield, is charged with animal cruelty and unlawful possession of marijuana. Rowe is accused of trying to harm a neighbor's dog by placing pieces of metal in a meat product and making it available for the dog to eat. At the time of her arrest -- 10:15 a.m., Saturday, by Deputy Brian Thompson -- Rowe also allegedly possessed marijuana.

Lakiesha A. Gibson, 26, of 13 Williams St., Lockport, is charged with disorderly conduct and endangering the welfare of a child. Gibson is accused of shouting obscenities while outside on Thorpe Street at 10:20 p.m., Saturday. Gibson also allegedly refused to remove two children out of the roadway and away from a dispute.

Timothy J. Wenzel, 19, of 13 Harvester Ave., Batavia, is charged with criminal contempt, 2nd. Wenzel was allegedly seen with a person who is protected by a "stay away" order of protection.

Makeen K. Ithna-Asheri, 52, of 111 State St., Batavia, is charged with criminal trespass, 2nd. Ithna-Asheri allegedly entered a residence he had previously been advised not to enter.

Danielle M. Stevens, 36, of Ford Road, Elba, is charged with three counts of petit larceny. Stevens is accused of stealing $140 and a gold pendant from a relative's house within a six-week period. Stevens was jailed on $500 bail.

Brenden Kirstipher Steck, 23, of Broadway Road, Darien, is charged with DWI and driving with a BAC of .08 or greater. Steck was allegedly found to be the operator of a disabled motor vehicle on Route 20 in Darien at 1:15 a.m., Saturday, by Deputy James Diehl.

Joseph E. Marr, 34, of Attica, is charged with DWI and driving with a BAC of .08 or greater. Marr was reportedly involved in a motor vehicle accident at 10:13 p.m. Friday on Keeney Road, Le Roy. He was arrested by State Police.

Photos: Santa makes his rounds in Genesee County

By Howard B. Owens

Santa had a busy day in Genesee County today and I did my best to keep up with him. 

I first found him at the Holland Land Office Museum, where his appearance coincided with the annual Children's Gala. Children made cookies, watched Rudolph the Red Nosed Reindeer, ate pizza and let Santa in on what presents they'll be dreaming about on Christmas Eve.

Next, I found Santa at Alli's Cones and Dogs in Oakfield. At Alli's, both children and adults whispered in Santa's ear.

Finally, Santa promised the Genesee Sno Packers at their annual open house that their Christmas wish for snow will be granted. He also added all the good children who came to visit him to his long list of boys and girls who will find their desired gifts on Christmas morning.

More photos in the slide show. Parents who wish to purchase prints should click on the "visit gallery" link in the slide show.

Oakfield-Alabama announces vacancy on its school board

By Howard B. Owens

Press release:

The Board of Education of the Oakfield-Alabama Central School District has a vacancy on the board. This vacancy will be filled by a special election on Jan. 24.

The newly elected member will serve the remainder of a three-year term set to expire on June 30, 2015.

Qualifications for membership on a school board include:

  • Must be able to read and write;
  • Must be a qualified voter of the district; that is, a citizen of the United States, at least 18 years of age or older;
  • Must be and have been a resident (but need not be a taxpayer) of the district for a continuous and uninterrupted period of at least one year;
  • May not have been removed from any school district office within the preceding year;
  • May not reside with another member of the same school board as a member of the same family;
  • May not be a current employee of the school board;
  • May not simultaneously hold another incompatible public office.

All interested candidates are invited to pick up a Petition for Board Member Nomination form from the district office, Monday through Friday between 7:30 a.m. – 3 p.m.

Oakfield Fire Department to discontinue ambulance service Jan. 1

By Howard B. Owens

It's become harder to recruit and retain emergency medical technicians and the manpower shortage has led the Oakfield Fire Department's board to the difficult decision to discontinue its ambulance service.

Department President Mike Ognibene said it would take at least 10 EMTs to run a service that could dependably respond to calls and the department has only three volunteer EMTs now.

Out of about 15 calls for service a month, Ognibene said, the ambulance might roll on one or two calls. He said, as a driver, there are many times he shows up at the fire hall and waits for an EMT who never arrives.

After a couple of minutes of waiting, the call is turned over to Mercy EMS.

“Mercy EMS has done a great job since they’ve taken over (ambulance service in the county)," Ognibene said. "They’ve done a great job of responding, so it benefits us more to be there to help them, which we can do with our rescue truck. Since we don’t have to have an EMT, we can get there fast to assist them with the rescue truck.”

Truck 70 will go out of service at midnight, Dec. 31.

There is a bit of cost savings that goes with discontinuing the ambulance service, and that money can be rolled over into support of the firefighting service, but the biggest issue is manpower.

"My fear all along has been that we start having manpower shortages and that some agencies would discontinue EMS service," said Tim Yaeger, emergency management coordinator for Genesee County.

Losing Oakfield's ambulance, he said, means there's one less rig to roll in any kind of major event where multiple people are hurt.

That's why Genesee County Emergency Services embarked on a recruitment and retention drive earlier this year. The campaign includes media ads, hiring a recruiter and producing marketing products to attract people to volunteer services in firefighting and medical response.

"If anyone has ever thought about becoming a firefighter or EMS volunteer, now is the time to act," Yaeger said.

For an EMT, state mandated training takes close to 200 hours to complete. Ognibene said his department has had a few people sign up for training but not complete it.

It hasn't always been that way said longtime department member Robert Hilchey. 

Oakfield started its ambulance service in 1974, at a time when the only ambulances in the county were owned by St. Jerome's and Genesee Memorial hospitals.

"Some in the department thought we should have an ambulance out in this part of the county, so Oakfield was the first (fire company) to provide ambulance service," Hilchey said.

There was a time when Oakfield had enough EMTs to assign nightly rotation to responders. One crew would be on call from 10 p.m. to 6 a.m. on Monday, another on Tuesday and so on.

Hilchey said members of the department just don't think they can get back to that level of service.

Recruiting new EMTs. however, is critical, Yaeger said, to maintaining levels of service throughout the county.

There are ambulances in Bethany, Le Roy, Byron, Bergen, Darien and Alexander. Those services are important to their communities, but also provide fill-in capabilities in those rare times when all of Mercy's rigs are tied up, and would be essential in a mass casualty type of situation.

With the loss of Oakfield's ambulance, however, neither Ognibene nor Yaeger anticipate any less service availability on a routine basis for the citizens of Oakfield.

Typically, Mercy EMS can roll to Oakfield quickly and, as Ognibene noted, the department still has medic-trained personnel to provide first-aid and basic life support and volunteers can respond to any emergency with the rescue truck.

Hilchey agreed.

"I'm very confident that Mercy EMS has taken over our responsibility and our residents and our taxpayers in the village will not be short changed in any way," Hilchey said.

To learn more about volunteer opportunities in Oakfield and the rest of the county, visit Ready Genesee.

Church in Oakfield giving away bread, other food, every Tuesday to needy families

By Howard B. Owens

Families in need can stop by the Oakfield Community Bible Church, 80 North Main St., Oakfield, on Tuesday's from 1:30 to 3:30 p.m. for free bread, and perhaps other food items when available.

The free-food ministry is supervised by Carol Lowe (who wasn't able to be at the church today) and has been ongoing for three or four months now.

Families can receive up to three loaves of bread and when available canned and boxed food items such as tuna, vegetables, mac and cheese and peanut butter and jelly.

"When we can we try to provide a meal," said Jacquie Lindke, (right in the photo).

Availability depends on what has come in from donors.

All of the food is free, no questions asked.

Pictured with Lindke is Tom Petter. Both are residents of Basom.

From 10 to 2 p.m., Dec. 8, the church will be giving away clothes to anybody who needs clothing items, including coats, boots, hats and gloves for men, women and children.

Photos: Christmas in Oakfield

By Howard B. Owens

When I left Le Roy, there was a long line of children waiting to talk with Santa and fill his ear with their Christmas dreams. I drove straight to Oakfield, and by the time I arrived, Santa was already there. It's amazing how that guy gets around.

Above, Santa with Mrs. Claus and their 5-week-old grandson.

Oakfield held a new Christmas event for the village today. It included the annual Christmas tree display, but moved this year to the memorial park between South Main and Pearl. The event included wagon rides, cookie decorating, games and the Genesee Model Train Engineers held an open house.

Organizers expect the event to become an annual celebration of Christmas in Oakfield that will get a little bigger each year.

Lack of sleep, alcohol and a damaged suspension all possible factors in fatal accident

By Howard B. Owens

As near as investigators can conclude, 25-year-old Quayshawn D. Smith was tired, drunk and driving a car with broken suspension April 22 when his 1997 white Buick Century crossed the center yellow line on Lewiston Road and smashed head-on into a minivan driven by a 74-year-old Oakfield resident.

Both Smith, of Mill Street, Medina, and Rosemary Calla, of South Main Street, were dead before the first emergency responders arrived.

While Sheriff's Office investigators draw no conclusions in a recently completed final report on the accident, the three proximate probable causes for the accident are contained in witness statements, observations by investigators and a medical examiner's report.

The ME's report took many months to complete, which is why the investigation wasn't closed until a week or so ago.

According to the Monroe County ME, Smith's BAC was between .08 and .12 (depending on whether the urine or blood sample is used) at the time of the crash. He also had marijuana in his system.

Two people from Geneseo told investigators that they had been with Smith the night before the accident drinking, first at local bars and later at an after-hours party at a residence.

Before going to the house party, Smith gave his car keys to a friend so he wouldn't drive, according to a statement. 

Another more recent acquaintance in his statement said he obtained the keys prior to the party, but when he thought he was going to walk home, gave them to Smith's friend.

Smith's friend denied having the keys at the party.

The acquaintance ended up staying at the party and then got a ride home from Smith. Smith's friend was also a passenger in the car.

According to the acquaintance's statement, Smith was weaving while driving the two passengers back to the friend's house, but he attributed the weaving to Smith being tired, not drunk.

Back at the house, the three men were going to get something to eat, but nothing in the house appealed to them, so Smith decided to leave. Smith's friend offered him a place to sleep, but Smith declined and said he was OK to drive.

The friend said he didn't consider Smith drunk, just tired.

At 6:10 a.m., another Geneseo resident who was driving to Clarence reportedly saw a white sedan pulled over on Route 63 south of the Peoria Curve. The driver observed a man in dark clothing with a hoodie pulled over the side of his head and walking back toward the driver's side door as the witness passed.

There's no evidence this was the same white sedan driven by Smith, however, the Geneseo resident said the white sedan eventually caught up with him (he said he was driving 55 mph) and was weaving in the roadway, sometimes acting as if he wanted to pass, even over a double-yellow line, and the swerving back into the shoulder of the road.

At Route 20 and Route 63, the two cars went separate ways, with the white sedan continuing northbound on Route 63. The Geneseo resident said he intentionally delayed his left turn onto Route 20 so he could observe the driver of the white sedan, whom he described as a black male.

The Geneseo resident never called police until after he learned of a white sedan being invovlved in a double-fatal accident on Route 63.

The accident was reported at 6;46 a.m. in the area of 7936 Lewiston Road, Batavia.

Smith's car crossed the double-yellow line and the two cars hit head-on with the impact area being about 3/4 of the front of each vehicle.

The black box (EDR, for electronic data recorder) in the Buick indicated that Smith wasn't wearing a seat belt, but emergency responders all reported finding Smith strapped in by both a lap belt and shoulder harness. Sgt. William Scott who prepared the reported concluded the EDR reading was in error on that point.

The EDR recorded the Buick's speed at 52 mph just prior to impact.

Scott could not recover the data from the 2002 Mazda minivan driven by Calla because its software was incompatible with the software used by both the Sheriff's Office and State Police.

Using mathematical calculations, Scott concluded Calla's speed just prior to impact was 39.93 mph.

"It is possible that the driver's age or a recognition of an impending collision could have allowed the driver of the Mazda to reduce speed just prior to impact," Scott wrote in his report.

While Smith was over the legal limit for blood alcohol content at the time of the crash, and had been up all night, according to witnesses, the suspension on his car was also damaged.

It had a broken left rear trailing arm. It's the piece that connects the axle to the frame and keeps the axle from moving forward and backward.

Rust on the part indicates it had been broken many months, or longer, prior to the accident and that Smith had been driving the Buick in that condition for some time.

It was probably moving backward and forward two to three inches, according to Scott's report.

"This would have been enough to give the feeling that the vehicle's rear end was steering the car to one side or the other," Scott wrote.

Investigator William Ferrando obtained Smith's mobile phone from the vehicle and concluded Smith had been neither making a phone call nor texting prior to the accident.

The phone proved crucial to making a notification to a member of Smith's family.

While Smith was living in Medina at the time of the crash, not long before he lived in Brooklyn and his neighbors didn't know how to contact his family.

Ferrando was able to call Smith's aunt using Smith's contact list on the phone. The aunt at first didn't believe Ferrando was with law enforcement because Smith had once pulled a similar prank on her. The aunt told Ferrando that Smith's mother was deceased and she didn't know how to contact his father.

Smith had been enrolled in a carpentry program in Medina, but was employed at Brunner International at the time of the accident.

One of Calla's daughters was notified of her mother's passing that Sunday morning shortly after the accident by a uniformed deputy who went to her house in Oakfield.

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