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Pavilion

Webers receive $26,500 in fines for property code violations in Pavilion

By Howard B. Owens

Jacob and Steven Weber, father and son, were sentenced in Pavilion Town Court today to fines and community service for their violations of the state's property maintenance code.

Jacob Weber -- who entered a guilty plea July 9 to 46 violations for storing unregistered and uninspected vehicles on his property at 11256 Perry Road -- was fined $22,000 and given a one-year conditional release from jail time.

Steven Weber -- who entered a guilty plea the same day as his father to 16 violations for storing unregistered and uninspected vehicles on his property at 11076 Lake Road (the former firehouse) -- received $4,500 fine, 50 hours of community service and one-year conditional release.

A failure to abide by release conditions could result in a new charge for violating a court order and a resentencing on the original charges.

Dan Lang, code enforcement officer for Pavilion, said the violations on both properties have been corrected.

Z&M Ag and Turf takes Pavilion softball championship

By Howard B. Owens

Photo and information submitted by Tim Kingdon.

The Z&M Ag and Turf's "Ballbusters" took the Thursday night Pavilion slowpitch softball league championship over the weekend. The Ballbusters met Smokin' Eagle BBQ & Brew in the finals where -- despite being down to only nine guys due to injury -- they were able to beat the Eagle twice in a row to capture their first league championship. They would like to thank the Pavilion Volunteer Fire Department and R.L. Jeffres & Sons, Inc., for the countless hours they put into the field all season.
 
Pictured from left in the front row: Scott Lazarony, Mike Hackett, Jon Parks, Mike Anderson, Tim Kingdon. Back row from left: Dale Buck, Adam Logsdon, Mike Lafex, Kevin Young and Brad Whight.

Law and Order: Woman accused of using knife to attack and injure people

By Howard B. Owens

Latoya D. Jackson, 27, of 112 State St., Batavia, is charged with acting in a manner injurious to a child less than 17, assault 2nd, and assault 2nd (recklessly causing serious injury with a weapon). Jackson was allegedly involved in a fight at 121 Liberty St., Batavia, in which she injured two people with a knife at 8:39 p.m., Monday.

Dustin W. Bogue, 31, of 109 Oak St., Batavia, is charged with criminal trespass, 2nd, criminal contempt, 1st, harassment, 2nd. Bogue is accused of violating a no-offensive-conduct order of protect.

Michael S. Lytle, 24, of 11 Wood St., Batavia, is charged with criminal contempt, 2nd, for allegedly violating an order of protection.

Raymond Paul Meshlovitz, 34, of Main Road, Corfu, is charged with criminal possession of a weapon, 4th, and unlawful possession of a prescription form. During a search of his residence by probation, Meshlovitz was allegedly found in possession of brass knuckles, a switchblade knife and prescription forms.

Jacob Duane Defisher, 17, of Roanoke Road, Pavilion, is charged with petit larceny. Defisher is accused of stealing money from Darien Lake while employed there.

Amanda Marie Bowles, 28, of Williams Street Batavia, is charged with petit larceny. Bowles is accused of shoplifting from Walmart.

Tammy L. Draper, 46, of 22 Porter Ave., Batavia, is charged with disorderly conduct. Draper is accused of making obscene gestures and yelling obscenities while on State Street at 3:39 p.m., Saturday.

Landrea D. Wroten, 41, of 5 Dellinger Ave., Batavia, is charged with petit larceny. Wroten is accused of stealing a friend's purse.

Cody D. Cutitta, 26, of 5 Fairmont Ave., Batavia, is charged with aggravated harassment and disorderly conduct. Cutitta is accused of standing in the middle of Fairmont Avenue and swearing at 2:15 a.m. He's also accused of making threats by phone.

Nicola Marchesoni, 53, of Hamilton Street, Albion, is charged with driving while impaired by drugs, unlawful possession of marijuana, failure ot keep right and moving from lane unsafely. Marchesoni was stopped at 9:20 p.m. Tuesday on Quaker Hill Road, Elba, by Deputy Joseph Corona.

Law and Order: Inmate accused of throwing feces at corrections officer

By Howard B. Owens

Kyle Justin James Jackson, 21, of Slusser Road, Batavia, is charged with aggravated harassment. Jackson, while incarcerated in the Genesee County Jail, allegedly threw a plastic cup containing feces at a corrections officer. Jackson remains in jail on other charges.

Sandra Rae Marceill, 66, of Sanders Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, driving too slow/impeding traffic and moving from lane unsafely. Marceill was stopped at 11:04 p.m. Aug. 9 on Main Road, Stafford, by Deputy James Diehl.

David Michael Jackson, 36, of Lake Road, Pavilion, is charged with forcible touching, endangering the welfare of a child and sexual abuse, 3rd. Jackson is accused of touching the intimate parts of a person less than 17 years old.

April Lynn Walradt, 36, of Westcott Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Walradt was allegedly the driver in a motor-vehicle accident reported at 1:18 a.m. Thursday on Westcott Road, Le Roy. The accident was investigated by Deputy Matthew Fleming.

David Alexander Bramblett, 44, of Chapin Street, Canandaigua, is charged with DWI, driving with a BAC of .18 or greater, consumption of alcohol in a motor vehicle, unlicensed driver. Bramblett was stopped on Route 77 in Corfu following a report of an apparently intoxicated driver from a witness on the Thruway. Bramblett was stopped at 4:19 p.m. Tuesday by Deputy Eric Seppela.

Sentencing postponed for Pavilion property owners who stored disabled vehicles

By Howard B. Owens

In Pavilion Town Court today, Pavilion Attorney Jamie Welch agreed that Steven Weber has complied with a requirement to remove illegally stored vehicles from his property at 11076 Lake Road.

There are still at least a dozen vehicles that need to be removed from the property of his parents, Jacob and Mary Weber, at 11256 Perry Road, Pavilion.

Because of the progress Weber has made, his attorney, Richard Sherwood, and Welch reached an agreement to delay Weber's sentencing for two weeks in order to give him more time to remove the disabled vehicles from his parent's property.

On July 9, Steven Weber entered a guilty plea to a 15-count indictment accusing him of violating the state's property maintenance code. Jacob Weber admitted to 46 such violations.

Both were scheduled to be sentenced today, but the sentencing has been postponed until Aug. 27.

In exchange for the delay, both agreed to waive their right to appeal whatever sentences they receive.

Under a prior plea agreement, Jacob Weber will not receive any jail time, but he could still be fined a maximum of $750 per violation of the code. 

Steven faces the possibility of jail time plus a $350 per-violation fine.

Jacob's fine is higher because of a prior conviction on the same charges within the past five years.

In court today, Steven disputed that there were really 15 violations on his property, saying that there were only 11 disabled, unregistered vehicles on his property. Sherwood reminded him he had already entered a guilty plea to 15 counts.

Sherwood said there are 18 remaining cars on Jacob's property that Steven owns. At least six of the vehicles are in fact licensed. Of the remaining cars, they haven't been removed because the brakes have seized and the wheels can't turn.

Sherwood said those cars will need to be jacked up and the brakes repaired or removed before the wheels will turn and the cars can be placed on flatbed trailers and hauled away.

While Welch was willing to go along with a delay in sentencing, he wasn't willing to give the Webers much credit for progress made.

"We disagree with the defendant that he has made a lot of progress," Welch said. "In March he received a letter containing all the charges and nothing was done. Several months went by with no progress. Now he tells the court the cars are in such a state of disrepair from their long storage that their wheels are seized and some of them need to be dug out of the earth. We are trying to work with Mr. Weber here. We've given him every chance. If he comes back in 14 days and there's a single violation, the court will have full discretion to sentence him up to the maximum."

When asked if he understood the terms of the extension, Steven Weber said he did, but wanted to dispute some of the statements made by Welch.

When his attorney tried to quite him, Steven said, "but it ends up in The Batavian and I don't appreciate what winds up in The Batavian."

Prior to the hearing, Weber spoke with The Batavian briefly and said the stories about his case have been inaccurate. He said his cars are not junk. He said he wasn't willing to talk further at this time.

Sherwood told Weber he will be able to tell the court anything he wants about the case at his sentencing on Aug. 27.

3rd Annual Prayer Conference

By Tracy Byrnes

PLEASE SAVE THE DATE...Batavia Assembly of God Church is hosting its 3rd Annual Prayer Conference Friday, Sept. 13th, 6:00pm to 9:00pm (registration is from 6pm - 7pm) and Saturday, Sept. 14th, 8:00am to 4pm. The theme for the conference is "Presence, Prayer, and the Power of God". The keynote speaker will be Dick LaFountain. Dick is an accomplished  speaker and a published author of the book, "Time Alone With God". His passion is to motivate a renewed love for prayer and the presence of God in our churches. Workshops will also be available.

Event Date and Time
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Son of a farmer, Tillotson makes his own way in the dairy business

By Howard B. Owens

This is the fourth in our series on Genesee County's farms and farmers. For previous stories, click here.

When Brent and Polly Tillotson bought their house -- a farmhouse on nearly five acres built on Sparks Road in 1855 -- it wasn't necessarily with the intention of going into the dairy business.

The property put the young couple with two children close to the 1,100-cow dairy farm of Brent's father, Dave Tillotson.

Brent worked at the farm sometimes. He also drove trucks. He liked the idea of being his own boss, especially growing up in a family of farmers, but he hadn't quite arrived at that decision yet.

Then he started to hear about how Upstate Farms needed more dairy farmers who could deliver quality organic milk.

He and Polly started to talk it over, did a little research, tried to figure out what it would take and decided they liked the idea.

It wouldn't be easy -- there's more paperwork, different yields, higher feed prices and just more work -- but it also made a lot of sense, even for a guy who wasn't into organics for health or environmental reasons.

"It was just a business decision," Tillotson said while sitting behind a small, black metal desk in  his cube of an office next to his milking parlor. "You get a contract. The price doesn't fluctuate like it does in a normal milk market. I can bank on what we're going to get paid, make plans and know I'm going to have this place paid off in a certain number of years if I just follow the plan."

Getting a little help from his father certainly made it easier to get started, Tillotson said. He could, of course, tap into his father's expertise, but Dave Tillotson also had pasture land to lease and the kind of strong reputation that helps secure bank loans, even into six figures.

"The banks weren't busting to give me a loan," Brent said. "My father helped. They know he's a good dairy man and a good business man. He's also the best resource in the world with his knowledge of cows."

Dave Tillotson down plays his role in his son's business. He says Brent is his own man. He said he doesn't want to take anything away from what his son has accomplished. He won't take credit for anything.

"I don't stick my nose in it," Dave said. "I let him run his own business. I don't have a clue about their financials or what they're doing day-to-day. They take care of all that stuff. I have my own business to run. If he needs my help, he asks for it and I give it to him. If he doesn't want my advice, he doesn't get it."

If that sounds harsh, know that Dave was smiling and laughing as he said it.

He's clearly proud of his son's business, which has been up and running for about four years.

"I came from a family where there were three brothers and the farm got split up," Dave said. "I have two boys and a daughter. I always wanted to give them the opportunity to have their own farms."

Life on a dairy farm is never laidback, especially when the farm is organic and cows need to be regularly rotated from pasture to pasture and into and out of the milking parlor. The tasks of herd management include the proper timing and care for calving, and filing out of piles of paperwork.

To remain certified organic, Polly -- who has a full-time job away from the farm but also handles the bookkeeping -- needs to file forms that cover daily animal and paddock movements for the animals, what they're eating in pasture and what they're being fed in troughs.

Organic means no herbicides or pesticides in the food the cows eat and no hormone injections to boost production.

"The cow is as good as she is," Tillotson said. "There's no pumping her up to get more production. We can change her feed around, but only as long as it's all organic."

Just to get their initial certification, the pasture had to be properly prepared, which took three years. A mix of rye, fescue and alfalfa was planted and then the grasses had to grow without any ground sprays before the organic herd could set hoof on it.

When it came time to choose cows, Tillotson went for Jerseys. The black and tan cows may be smaller and don't produce as much liquid milk, but their milk contains more protein and is said to have a creamery taste.

That higher fat content -- what the industry calls components -- commands a higher price. 

A Holstein's milk might be three pounds per hundred weight of protein, the Jersey's milk is about five pounds per hundred weight.

It costs more to raise an organic Jersey and there's less liquid, but the higher milk fat concentration makes up the difference.

"We make more off the components than off fluid," Tillotson said. "Our milk production is lower, but the compenents are higher, so that makes up for a little bit of the milk production deficit."

The organic milk market is still a fraction of the entire milk market, but the demand for organic milk grew 2.3 percent last year, according to Mark Serling, who markets organic milk for Upstate.

The boom in Greek yogurt has also meant a boom for organic Greek yogurt.

"We signed their farm and others because we continue to see nice growth on the organic milk side," Serling said. "There is also additional demand on the yogurt said. It takes three times as much milk to make Greek yogurt and that really drives the need for additional milk."

The organic milk market is one largely built on myth. There's no scientific evidence, both Tillotson and Serling note, that says conventional milk posses any problem for human consumption. The nutritional benefits are the same.

"There's nothing wrong with conventional milk," Tillotson said. "The flavor is a little different. It's processed differently, but it's good milk. It's all about what you want for your family. If you don't want the antibiotics or the hormones in your family's food or what you drink, then that's what you want for your family."

Serling said it's a lifestyle choice, a choice driven by consumers so it's what retailers demand Upstate offers as a product choice.

Asked whether it's the flavor of the milk or health concerns that spurs the demand for organic milk, Serling said, "It's all of that and more. It's the feed, the flavor, the potential for avoiding pesticides, even approved pesticides, things of that nature.

"For our organic farmers, for all of our farmers," Serling added, "we really drive hard on quality, the highest quality milk they can produce. That's our focus."

When it came time to buy the start of Brent's Jersey herd, he and his father had to travel around the Northeast a bit. Many of the cows came from Pennsylvania, but there was one memorable trip.

On the way back from picking up Jersey calves in Vermont -- calves that cost $1,200 a piece -- Brent said he got a little tired of looking at the back of his dad's trailer, so he decided to pass him on the Thruway.

Brent had a full trailer. Dave was hauling four calves. The two trucks were going about 70 mph.

Jerseys have a reputation for being pretty smart animals and Brent doesn't doubt it. His stories about Jerseys often include the notion that they draw straws to try something and if the first one makes it, the others will follow.

"So, a lady pulled up beside him yelling hysterically 'you're cows are jumping out, your cows are jumping out,' but only one had jumped out," Brent said. "I think they drew straws again and said, 'you're going first. If you make it we'll go, too'. When my dad stopped the trailer, the cows were all up front saying, 'we're not going.' "

Of course, Dave worried about what sort of damage a calf could do to a moving vehicle and when he pulled over he could see a car on the shoulder about a half mile to three quarters of a mile behind him.

Unable to turn around, Dave walked back and found a lady had used her car to pin the calf against a guard rail.

"I think she watched too much Crocodile Hunter or something," Brent said. "She had a bandanna tied around the calf's head to cover his eyes."

Dave made a leash from his belt and walked the calf -- which wasn't injured -- back to his trailer.

"We were trucking along, so you know that first step was a doozy," Brent said.

There's some other advantages of milking Jerseys that Tilltoson has picked up on the past few years -- the cows, both because of their build and because they get plenty of exercise grazing -- stay in production about twice as long, or longer, than Holsteins.

The Jerseys do seem to like to walk, Tillotson said. In winter, they'll make several round-trips up the gravel road from the barn to the backwoods and back.

"I've always wanted to put a pedometer on one of them to see how many miles a day they walk," Tillotson.

The other advantage: organic inspectors know all the cows are his, raised on his land.

"Everybody always asks why I picked Jerseys instead of Holsteins and it's because we're organic," Tillotson said. "Nobody can say we're bringing my dad's cows over and milking them."

Tillotson's Grassland Farms Dairy is still a small operation. He only has a couple of employees.  The employees do most of the milking, including one old guy who just loves to come to work at 3 a.m. -- a real godsend for Tilltoson since he has a long enough day as it is.

"It's tough getting up in the morning and working until eight at night and then doing it all over again the next day," Tillotson said. "We've got a gentleman who is 66 years old. We put an ad in the paper and he said, 'that's right up my ally. I love getting up early. Even if I'm not working, I'm still up at two o'clock in the morning.''

"I said, 'perfect.' "

Tillotson has two sons, twin boys, Ethan and Cole, age 10. They help a little around the farm, but Tillotson wants them to be boys before they're men and he also wants to protect them from some of the more dangerous aspects of farmwork, so he doesn't demand many farm chores.

They do like helping with the newborns.

Brent enjoys their Little League games. He makes it a point not to let farmwork rob him of the joy of watching them grow up.

"I'm not missing a game because I've got hay to bail," Tillotson said. "The hay will be there tomorrow. I've missed things and then regretted it because they'll only be this age once."

Pavilion teen injured in accident in Wyoming County

By Howard B. Owens

An 18-year-old Pavilion resident was injured in a one-car accident this morning on Route 246 in the Town of Perry.

The Wyoming County Sheriff's Office reports that Nickolas B. Taylor "became distracted from the road" and that his vehicle went into a ditch and then crossed over to the other side causing it to roll over.

Taylor was transported by Perry Ambulance to the Wyoming County Community Hospital with non-life threatening injuries.

State Police, Perry Fire and Perry Center Fire assisted at the scene.

UPDATE: Man accused of sexual abuse found not guilty last month by jury on all counts

By Howard B. Owens

We missed a jury trial last month and we just learned that the defendant was found not guilty. Because of the nature and seriousness of the charges, which we previously reported, we thought there should be some public notice of the outcome of the case.

Timothy J. Petrie, 42, of Pavilion, was found not guilty following a three-day jury trial on all 10 counts of first-degree sexual abuse and on one count of endangering the welfare of a child.

Two cars and big rig collide near Route 63 and Starr Road, Pavilion

By Billie Owens

A motor-vehicle accident with injuries is reported in the area of Route 63 and Starr Road. Pavilion fire, law enforcement and two Mercy rigs are responding. The crash involves two cars and a tractor-trailer. Mercy Flight #5 in Batavia is said to be available.

UPDATE 5:24 p.m.: A responder on scene says there's no entrapment and there are two patients, one is walking around and another complains of neck and back pain. One vehicle is blocking traffic and another is off the roadway.

UPDATE 5:26 p.m.: They are going to shut down traffic on Starr Road and reroute traffic on 63 to Roanoke Road.

UPDATE 5:39 p.m.: A heavy wrecker is called to handle the disabled tractor-trailer, which is carrying a full load and weighs 38,000 pounds.

UPDATE 5:57 p.m.: A 23-year-old male is being transported to UMMC, complaining of neck, shoulder and collarbone pain.

UPDATE 6:43 p.m.: The roads are reopened and the Pavilion assignment is back in service.

Law and Order: Men accused of unreasonable noise on State Street

By Howard B. Owens

Willie J. Thomas, 37, of 5 Raymond Ave., Batavia, and Maurice G. Leach, 37, of 212 State St., Batavia, are charged with unnecessary/unreasonable noise under the Batavia Municipal Code, Section 120-3(1). Thomas and Leach were allegedly disturbing the neighborhood on State Street at 10:20 p.m. Saturday by yelling.

Kenneth M. Gray Jr., 21, of 77 Myrtle St., Le Roy, is charged with unlawful possession of marijuana. Gray was arrested at 2:22 p.m. Sunday at 112 W. Main St., Batavia, by Sgt. Jason Davis. No further details released.

Brian R. Orbaker, 40, of 14 Oak St., #2, Batavia, is charged with harassment, 2nd. Orbaker is accused of punching another person in the face while they passed each other on bicycles in the area of 1 W. Main St., Batavia, at 10:05 p.m. Friday.

Miguel Angel Dejesus, 66, of Perry Road, Pavilion, is charged with harassment, 2nd. Dejesus is accused of hitting a woman in the face with a trash can lid and threatening her with a machete.

GCC board reelects three trustees

By Billie Owens

Press release:

On Monday evening, the Genesee Community College Board of Trustees reelected Maureen T. Marshall as board chair for the 2013-2014 year. The Board also reelected Diane D. Torcello as vice-chair and Laura J. Bohm as secretary.

Marshall, of Elba, is owner and operator of Torrey Farms, also based in Elba. Torcello, of Pavilion, is a Bank of Castile branch manager. Bohm, of Batavia, is a retired housing administrator.

Trustees met at the Batavia Campus for their annual meeting.

The 10-member volunteer Board of Trustees is the governing body of Genesee Community College.

Father and son in Pavilion plead guilty on charges related to storing disabled cars

By Howard B. Owens

Jacob and Steven Weber, father and son, entered guilty pleas in Town of Pavilion Court to 45 and 15, respectively, violations of the state's property maintenance code.

Under the plea deal, Jacob Weber will avoid jail time, but Steven Weber could still be incarcerated if he does not rid his property of the remaining seven disabled, unregistered vehicles on his property at 11076 Lake Road.

Weber admitted in court today that he had 16 unregistered, disabled vehicles on his property -- one more than the law allows. He made a point of clarifying before pleading guilty that he was allowed one vehicle on the property.

The 46 vehicles on property owned by Jacob and Mary Weber at 11256 Perry Road are also apparently the property of Steven Weber.

The Webers are scheduled to appear for sentencing at 3 p.m., Aug. 13.

Town of Pavilion Attorney Jamie Welch said the agreement includes no sentence cap and doesn't limit any possible fines beyond what is allowed under the law.

Previously: Town of Pavilion begins enforcement effort on two properties with alleged code violations

Photos: Pavilion Days

By Howard B. Owens

It's been 20 or 30 years since the Town of Pavilion held a Pavilion Days festival, and this year Town Clerk Cindy Starr and her sister Ann Stehlar (second picture) worked hard to bring it back. The event featured live music, food and vendor booths from local businesses and artisans.

Washington Avenue resident accused of robbing Pandora's Boxxx with shotgun

By Howard B. Owens

A suspect has been arrested in the armed robbery June 12 of Pandora's Boxxx, Ellicott Street Road, Batavia.

Investigators executed a search warrant just after midnight at a residence on Washington Avenue and took into custody 36-year-old Sean P. Case.

Case is charged with robbery in the second degree, a Class C felony.

Case is also a person of interest in an armed robbery of a convenience store in Pavilion on Monday night.

It's alleged that Case used a sawed-off shotgun when he entered Pandora's Boxxx at 11:38 p.m. just as a clerk was closing the store and demanded the store's money.

Case was taken into custody last night without incident when members of Batavia PD's Emergency Response Team came to his door.

Participating in the investigation and arrest were deputies James Diehl and Frank Bordonaro, Investigator Kristopher A. Kautz, the Local Drug Enforcement Task Force, Batavia PD and the District Attorney's Office.

The investigation is ongoing and additional charges are possible.

Following arraignment in Town of Batavia Court, Case was jailed without bail.

Two men questioned after burglary in Pavilion released without charges

By Howard B. Owens

Two men who were found wandering on Transit Road after a burglary on Shepard Road, Pavilion, were questioned by State Police and released, according to Trooper Victor Morales, public information officer for Troop A, Batavia.

The first man was taken into custody while State Police were still trying to determine if anybody was in the house on Transit Road.

He was questioned and denied any knowledge of the house.

The burglary was reported just before noon. Multiple law enforcement agencies responded. A witness hadn't seen the suspects leave the house, so as a precaution before sending troopers in to search the house, robots were used to check inside.

The robots were able to help investigators determine that the house had, in fact, been broken into, but it took a contingent of troopers actually going inside to confirm the house was unoccupied.

The burglars apparently managed to escape before back-up law enforcement units arrived.

Hours after State Police cleared the scene, at about 7:30 p.m., dispatchers received reports of a man approaching residents on Transit Road, not far from the burglary scene, asking for directions to Texaco Town and asking to use a telephone.

Deputies and troopers converged on the area and the State Police helicopter was called in.

At about 8 p.m., while a trooper was talking to a resident and the subject of the search walked toward them and was taken into custody.

He was taken to the Batavia Barracks and questioned, but was later released from custody.

The investigation is continuing.

State Police have not said whether any physical evidence that could aid the investigation was recovered inside the house.

Previously:

Grand jury indicts man for alleged oral sexual conduct with person under 17

By Billie Owens

Here are the latest indictments issued by the Genesee County Grand Jury:

Kyle H. Morse is indicted on four counts, all stemming from alleged actions on Sept. 21, 2012 in the Town of Elba.

He is accused of criminal sexual act in the first degree, a class-B felony, for allegedly engaging in oral sexual conduct with another person by forcible compulsion.

In count two of the indictment, Morse is accused of sexual abuse in the first degree, a class-D violent felony, for allegedly subjecting another person to sexual contact by forcible compulsion.

In count three, Morse is accused of criminal sexual act in the third degree, a class-E felony, for allegedly engaging in oral sexual conduct with another person without that person's consent. This alleged lack of consent was by reason of some factor other than incapacity to consent.

In count four, Morse is accused of sexual misconduct, a class-A misdemeanor, for allegedly engaging in oral sexual conduct with another person without that person's consent, and the person was deemed incapable of consent by vurtue of being less than 17 years old.

John J. Slack and Penny S. Sprague are both indicted on two counts each stemming from alleged actions June 16-17, 2012 on Knowlesville Road in the Town of Alabama.

In count one, they are accused of second-degree burglary, a class-C violent felony, for allegedly  entering and remaining unlawfully in a dwelling with the intent to commit a crime. In count two, they are accused of grand larceny in the third degree, a class-D felony, for allegedly stealing property having a value in excess of $3,000 -- in this case, jewelry, money, electonic devices and other property valued at about $11,000.

Franchesca A. Barrome is accused of criminal possession of stolen property in the fourth degree, a class-E felony. It is alleged that during Feb. 5-17, 2013, in the Town of Batavia she knowingly possessed stolen property with intent to benefit herself or a person other than the owner, or to impede recovery of the property by the owner. The property was a college ID card.

In count two of the indictment, Barrome is accused of petit larceny, a class-A misdemeanor, for allegedly stealing property by using the ID card to make unauthorized purchases. In count three, she is accused of criminal trespass in the second degree, a class-A misdemeanor, for allegedly entering and remaining unlawfully in a dwelling.

Gary W. Woronowski is accused of driving while intoxicated, a class-E felony, for allegedly operating a 2000 Subaru while intoxicated. This allegedly occurred Feb.1, 2013 on Main Road in the Town of Pembroke. In count two, he is accused of driving while intoxicated, per se, as a class-E felony, for allegedly having a BAC of .08 or more at the time.

Woronowski is also accused of having been convicted of DWI, as a misdemeanor, in 2007 which is within 10 years of the crimes alleged in this indictment.

Chad M. Dart is accused of driving while intoxicated, a class-E felony, for driving a 2013 Chevy pickup on Route 33 in the Town of Stafford on March 10, 2013 while intoxicated. He is also accused of having been convicted of DWI, as a misdemeanor, in 2004, which is within 10 years of the crime alleged in the indicment.

Lastly, the Grand Jury returned a No Bill on DWI charges against Ronald J. Tombari III stemming from alleged incidents which occurred Dec. 12, 2012 in the Town of Pavilion.

Second suspicious person taken into custody in area of Pavilion burglary

By Howard B. Owens

Update on the burglary in Pavilion today: A second person of interest was taken into custody by State Police on Transit Road about 8 p.m. less than two miles from the burglary location.

The man was identified as an individual who had approached two residents on Transit Road looking to use a telephone and asking for directions to Texeco Town.

After residents reported the suspicious behavior. State Police and the Sheriff's Office set up a perimeter around the area and the State Police helicopter was called in to assist in the search.

A trooper who had just joined the search stopped on Transit Road to talk with one of the homeowners and while they were talking, the subject of the search walked toward them and the trooper ordered him onto the ground.

The subject was taken back to the Batavia Barracks for questioning. No word yet confirming whether he was involved with the burglary.

Previously: Quick State Police response thwarts burglary in Pavilion, but suspects slip out before dragnet in place

Quick State Police response thwarts burglary in Pavilion, but suspects slip out before dragnet in place

By Howard B. Owens

For nearly five hours today, State Police commanders figured time was on their side after receiving a report that would-be burglars were still inside a residence on Shepard Road in Pavilion.

A neighbor saw an older tan minivan pull into the driveway of the residence and two men got out and appeared to enter the house. The minivan then left.

Trooper John Szymkowiak arrived on scene within minutes of the initial report and a witness told him that the men he'd seen enter the house hadn't left.

Szymkowiak, who was dispatched just before noon, immediately called for backup and requested assistance to establish a perimeter around the house. He also requested an investigator from the Batavia Barracks and a K-9 to the scene.

State Police were assisted by the Livingston County Sheriff's Office and the uniformed and plain clothes members of the Genesee County Sheriff's Office. Deputies also set up road blocks on both ends of Shepard Road for a couple of hours and patrolled the area looking for the minivan.

With all the necessary support in place, State Police commanders took a very deliberate approach to determining whether the suspects were still inside.

"Once we have a perimeter set up, we know nobody is going to leave at that point," said State Police Lt. Kurt Schmidt. "Apparently they got out before we set up, but you can never help that. We set up a quick perimeter, so we're sure at that point that the house is ours. There's only a very few things that would make us want to hurry and none of those were present today."

The first step in the deliberate process of determining whether suspects were inside was to deploy a robot from the Livingston County Sheriff's Office. That robot, equipped with a camera, checked all around the house looking for any evidence of entry or exit.

Next, the robot unit from the State Police arrived on scene. So two robots were deployed. One was equipped with a key to the entry door from the garage. The other was used to drop a steel block in place to hold the door open once it was unlocked.

The robots then entered the house and began a room-by-room check of most of the downstairs.

With the owner watching a television over the shoulder of one of the robot operators, he could see that a TV was missing, drawers and been opened and other items were missing from their proper locations.

At that point, with confirmation that burglars had entered the house, Schmidt said the operation took an even more methodical approach to ensure no suspects were inside.

"We have technology and we're not in any big hurry," Schmidt said. "We have a visual on all sides. We have robots that go inside, so no troopers are in any danger. That takes time and you get kind of tired waiting around, but it's worth it because we don't want to take a risk."

As time dragged on, State Police began to increasingly believe the structure was empty, so members of the other agencies began to peel away and go back in service.

The robots continued to search the house and its operators told to any possible suspects inside that the robot was from the State Police and that K-9s would be sent into the house if they didn't surrender.

A door was closed to one downstairs room and a robot was positioned there, so if suspects were inside they wouldn't be able to open the door.

About this time, a man who had been found wandering down Transit Road was brought to the scene. The Rochester resident couldn't explain why he was in Pavilion, according to police, so he was taken into custody and transported to the Batavia Barracks for questioning.

"The person we're speaking to now stated he was never at this house," Schmidt said. "We believe he was, but we don't have any evidence to say he was, so he's not giving us anything -- as far as anybody else who might have been around."

The person being questioned is black. A witness could describe the skin color of the men who entered the house, but believed they were wearing colorful clothes.

The suspect vehicle is described as an older tan minivan, which was last seen on Transit Road.

After the suspicious person was taken into custody, the State Police helicopter was dispatched to conduct a search of the area.

Once the robots had searched the house a bit, Schmidt said police felt there was little chance the suspects were still inside, but as a matter of continued caution, K-9s on long leashes were sent in first.

It took about 20 minutes for troopers to clear the house and confirm the suspects were no longer inside.

It appeared that most, if not all, of the homeowner's belongings that the burglars intended to steal were stacked by the front door, waiting for the minivan to return for loading, but Szymkowiak had arrived on scene before that could happen.

Schmidt said troopers take crimes such as this seriously and do everything they can to bring the culprits to justice.

"For burglary in progress, I don't know the term, I guess, it's a hot call," Schmidt said. "That's somebody's home and it's broad daylight. None of the residents were at home, but it's a sensitive issue. Your home is your castle and somebody is entering that right during broad daylight so that gets our attention. We hope we can catch them. We hope to catch them today."

At 7:15 p.m., the helicopter was still searching the area and troopers and investigators were still on scene.

UPDATE 8:06 p.m.: A suspect law enforcement was looking for is now in custody. They had been looking in the area of Sparks, Shepard and Transit roads. They learned that a Hispanic male went to a couple of residences and asked to use the phone. One of the residents tried to keep the suspect in sight. The man asked for directions to Texaco Town.

Law enforcement scours Pavilion for burglary suspects

By Billie Owens

Shortly before noon today residents on Shepard Road in Pavilion saw a light-colored minivan pull up to a neigbor's house. Witnesses said two men got out of the vehicle and knocked on the front door, then went around to the back of the house and the van drove away.

The neighbors called law enforcement and when State Troopers arrived, witnesses told them that they believed the two men entered the house and might still be inside. State Police and Sheriff's deputies from Genesee and Livingston counties responded to the scene.

A robot was deployed to check the interior of the house and with the help of the homeowner, intestigators determined someone had been in the house and items were missing.

A man from Rochester was located about an hour ago walking on Transit Road and is now in custody. It's unconfirmed whether he's connected to the case. A State Police helicopter has been deployed to search the area. State Police are still on scene.

A couple of minutes ago, Mercy medics were called non-emergency to stage in the area of Transit and Shepard roads to possibly assist the police.

(Howard is there and will have more complete coverage later.)

UPDATE 4:32 p.m.: The State Police entered the house found no one inside, thus clearing the scene. It appears the burglars were thwarted in their crime, leaving items taken from the house piled by the front door.

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