A caller reports a house struck by lightning at 7914 North Pembroke Road, but no smoke or flames.
A first responder reports nothing showing but a hint of smoke in the air. He's requesting a thermal camera.
East Pembroke Fire is responding.
A morning that started off with the hope of finishing jury selection for the Scott Doll murder trial didn't quite work out that way.
Only one alternate was selected in the morning, with the prospective jury review process to resume at 2 p.m.
Court observers are uncertain whether opening arguments will, in fact, begin today, or more likely now, the trial will begin Thursday.
UPDATE 4:39 p.m.: Jury selection is complete. Opening arguments are scheduled for 9:30 a.m., Thursday.
BATAVIA, NY -- With the primary panel of 12 jurors and only the alternatives to pick this morning, District Attorney Lawrence Friedman expects opening arguments in the Scott Doll murder trial to be heard as early as this afternoon.
Friedman said there is even a chance the first testimony could begin before the end of the day.
Doll, of Corfu, is accused of killing his business partner, Pembroke resident Joseph Benaquist.
Today, attorneys and Judge Robert Noonan will interview more prospective jurors in search for the right three to six alternates.
Alternate jurors are required to attend the entire trial and pay attention just as if they were one of the 12 jurors in the case. Alternates are necessary in case one of the regular jurors is unable to complete the trial.
BATAVIA, NY -- A day and a half into the jury selection process for the Scott Doll murder trial, and only three jurors have been seated.
District Attorney Lawrence Friedman noted that at the current rate, it would take four days and eight panels of potential jurors just to get to 12 men and women to decide the case. That doesn't include the four- to six-alternate jurors needed for the anticipated three-week trial.
The prosecution has used 12 of its 20 peremptory challenges, and the defense 14 of 20.
While either side can request more peremptory challenges, it will be up to Judge Robert C. Noonan whether to grant such an extension.
Once the peremptory challenges are gone, the prosecution and defense will be left to accept any juror that can't be dismissed for cause.
A prospective juror dismissed for cause is somebody who has a clear conflict of interest and probably can't judge the case impartially. A peremptory challenge is one in which the prosecution or defense deems a particular juror just isn't suitable for the case, for any reason.
"It's a combination of everything, what they know, what you hear -- it's just a gut reaction in the end," Friedman said, adding that "Both sides are being very careful about who goes on this jury."
Doll, a Corfu resident, is accused of murdering Joseph Benaquist of Pembroke in February, 2009. Doll and Benaquist were apparently in business together selling used cars.
BATAVIA, NY -- Scott Doll's defense attorneys renewed motions today, prior to jury selection in his murder trial, to suppress key evidence and some of the statements he made during the initial investigation into the death of Joseph Benaquist.
Jury selection is expected to take as long as three days, with groups of 40 people being called in today, tomorrow and Wednesday, in the hopes of finding 12 impartial jurors and four to six alternates.
Daniel Killelea, who is assisting defense attorney Paul Cambria, argued this morning that introducing as evidence the disputed ownership of two cars in the case would unfairly prejudice the jury without establishing sufficient value to prove the murder charge.
The cars are a 2006 Chevy Malibu and 2008 Pontiac G6.
There is some question as to how Doll came into possession of the Malibu, which apparently was owned, at least at one time, by Benaquist, and there's also a question about who paid for the G6 and to what purpose.
Benaquist and Doll were apparently partners in a used car business.
District Attorney Lawrence Friedman said he intends to show that Doll forged the title on the Malibu so he could sell it to a financing company in Buffalo.
Killelea's position is that there can't be any proof that Doll didn't obtain title to the Malibu legitimately.
He argued that presenting the status of the Malibu as evidence would unfairly prejudice the jury that he committed an uncharged crime, fraud.
As for the G6, the prosecution contends that Benaquist bought the car for himself -- though using the dealership license for SF Enterprises -- and gave Doll $10,000 as a down payment on the $13,300 car, but that the money never reached the financing company.
According to Killelea, there is insufficient evidence that the transaction wasn't for the company and the implication otherwise would prejudice the jury.
Friedman said the two cars, and the ownership dispute is key to the case.
"We anticipate that it will be established that it was these very cars that led to the murder of Joseph Benaquist," Friedman said.
On his other motion, Killelea said that statements made by Doll the night of the alleged murder cannot be admitted because he had asked for an attorney.
The prosecution contends that under the "emergency doctrine," police can try to obtain relevant information that needs to be known immediately and can continue questioning or taking statements even after a suspect has asked for an attorney.
Killelea cited at least three cases that say Doll was entitled to an attorney. But Assistant D.A. Will Zickl countered that there are cases allowing "emergency doctrine" statements to remain admissible, just as he'd argued the first time around on the same motion.
Judge Robert Noonan said he will reserve a ruling on the motions until just before opening arguments.
Scott C. Stine, 48, of York, Pa., is charged with DWI, refusal to take a breath test and moving from lane unsafely. Stine is accused driving drunk after being involved in a single-vehicle accident in the area of 8936 Lovers Lane Road, Pembroke, at 2:32 p.m., Saturday. He was jailed on $20,000 bail. Initial Report.
Jonathan D. Chapman, 40, of Le Roy, is charged with disorderly conduct and resisting arrest. Chapman was taken into custody by Village of Le Roy Police following an alleged domestic dispute on Myrtle Street on Friday night. Chapman was jailed on $500 bail.
Brandy L. Osmancikli, 36, of Alabama, is charged with harassment, 2nd. Osmancikli was arrested by State Police at 11:32 p.m., Saturday, on Lewiston Road in Alabama. No further details were released.
The Pembroke Lady Dragons JV softball team defeated the visiting Kendall Eagles 8-6 tonight in a fairly close game. Julia Baker went the distance on the mound for the Dragons striking out 9 batters, and allowing 4 hits and 7 walks. Baker also went 2 for 4 at bat. Ashlee Gilchrist went 2 for 3 with a double, and Breanna Johnson went 3 for 4, also getting a double. Kellie Mroz went 2 for 3 with a clutch 2 run single in the 6th inning to help secure the win. Kayla Streit and Randi DellaPenta also had hits. Both teams played a great game!!
More pictures after the jump:
Above: Julia Baker Delivers another great pitch
A Kendall player hits a line drive
A Pembroke player up to bat
Sliding home. She was safe
Sliding into 3rd base. Once again, she was safe
Believe it or not, she was safe!!
Great Job Ladies!!!
An accident has been reported on the eastbound off-ramp, Exit 48, of the Thruway. There are apparently injuries.
Pembroke and Indian Falls fire are responding.
UPDATE 5:28 p.m.: Pembroke fire chief reports one victim with a shoulder injury. The patient is trapped in the car, but extrication is not possible until traffic is under control.
Amish construction workers have been on the Cleveland family farm for the past two days re-roofing an old barn. The farm, off Cleveland Road in Pembroke, is now owned by John Cleveland and his wife, Melissa. The farm has been in the family since the 1830s, according to Mike Cleveland, assessor for the Town of Batavia. John and Melissa's daughter, who is 3, is the eigtht consecutive generation of Clevelands to live on the farm.
There may be some sort of fuel spill at the wastewater treatment plant in Corfu.
Corfu Fire is being called in for the possible hazmat situation. East Pembroke is requested to respond, as well.
UPDATE 2:17 p.m.: The plant is located at 100 Crestview Drive. The report is of a smell of fuel coming into the plant.
UPDATE 3:50 p.m.: East Pembroke, Darien and Mercy EMS put back in service. Corfu remaining on scene.
Emily Rose Wells, 25, of 139 S. Main St, Apt. #1, Albion, is charged with driving while impaired by drugs and moving from lane unsafely. Wells was stopped at the Yellow Goose in Elba after a witness phoned in a complaint about an erratic driver on Route 98 in Barre. The driver allegedly struck a guardrail. The witness followed the car to Elba.
Kate Elizabeth Brozic, 26, of 671 Ogden-Parma Townline Road, Spencerport, is charged with DWI and aggravated DWI (driving with a BAC of .18 or greater). Brozic was arrested after Deputy Eric Seppela was dispatched to Route 33 in Stafford to check on a vehicle parked on the roadside.
Accidents reported on the State Police blotter:
8:36 p.m., April 11, Coe Avenue, Oakfield, two vehicles; Driver 1: Christopher M. Ames, 38, of Oakfield; second car was parked. No injuries reported.
8:19 p.m, April 11, Thruway, mile marker 384.5, Stafford, one vehicle; Driver 1: Steven J. Flowers, 19, of Cheektowaga. No injuries reported.
12:23 a.m., April 12, Thruway, mile marker 380, Le Roy, one vehicle; Driver 1: Adam D. Thurman, 29, of Tonawanda. No injuries reported.
Multiple callers are reporting a car fire in the westbound lane of the Thruway at mile marker 400.
Pembroke and Indian Falls Fire is being dispatched.
Dozens of children found treats, prizes and candy today at the Pembroke Volunteer Fire Department Easter Egg Hunt at the department's facility. The sun was out and everybody seemed to have a good time.
More pictures after the jump:
On my way to and from the Pembroke Easter egg hunt, I took a few pictures. Up top are some sheep in a field off Route 5, a mile or so east of Route 77. This looks like it will be a picture worth going out to take again when the trees fill out and maybe again in autumn.
Below, an old one-way sign outside the Pembroke Fire Hall, and below that, an old commercial building in Pembroke.
A possible brush fire has been reported in the area of Route 5 and Lovers Lane Road, near the Thruway overpass, Pembroke.
East Pembroke and Indian Falls fire have been dispatched.
UPDATE 4:46 p.m.: Address now given as 717 Route 5, across from Pembroke Bait and Tackle.
UPDATE 4:56 p.m.: Alabama is being dispatched for additional manpower. The Akron brush truck has been requested. The fire is reportedly not near a structure, but moving toward a structure.
When I'm out and about in the county, I usually try to find roads I've never driven down before. In coming back from the two accidents this morning, I came across three photo opportunities.
Above, the Mogadore Hillton and Pembroke Hotel, at the intersection of North Pembroke and Beckwith roads. The spelling on the sign is "Hillton." That's not a typo. The proprietor, according to the sign, is Linda Smith. It's hard to tell if this is an active business. There is a sign next to the building that advertises fish fry and beef on weck, but it also looked like it might be vacant, except for a possible residence on the side.
UPDATE: We just got this e-mail:
"Hi, my name is Linda Smith I have owned the bar for 30 years. It was built in 1850 and has been a working bar for a very long time. I have a little restaurant that serves fish frys every friday. We are open 6 days a week."
Below is what looks like an old hunter's cabin along Stegman Road, across from the Tonawanda Creek.
The last picture is of a yellow barn -- don't see too many of those. It was on Powers Road.
A man who has not been identified at this time was transported to an area hospital this morning after reportedly being kicked in the head by a horse.
The accident occurred shortly after 8 a.m. at 8170 North Pembroke Road, the location of D.J. Stables.
There is no further information about the accident available at this time.
A 37-year-old Batavia man was taken by Mercy Flight to ECMC this morning after he apparently drove into a telephone pole and across a field into a brush line.
His car travel another 150 yards after shearing the pole off at its base, leaving behind pieces of his minivan as he continued rolling across the cow pasture.
Luis Gomez was reportedly driving southbound on Read Road when he reached the intersection at Route 33 and allegedly failed to stop for a stop sign and continued straight across Route 33, striking the pole on the other side of the T intersection.
The possibility of drinking and driving has not been ruled out, according to Deputy Ron Meides. (See update below.)
There was a partially consumed 12-pack of beer in the back seating area, though no open cans were visible.
No other people were in the minivan at the time of the accident. No other cars were involved.
Meides said Gomez was semiconscious as he was being prepared for Mercy Flight transport and was taken to ECMC "for evaluation."
East Pembroke Fire and Mercy EMS answered the initial call, which came in before 8 a.m.
UPDATE10:53 p.m.: Deputy Meides report was just released. Luis Gomez had a BAC of only .04. No citations were issued in the accident. The minivan traveled 329 feet after striking the the utility pole. The home address for Gomez was listed at 20 Thomas Ave., left apartment.
Katrina L. Drake, 20, of 14 South Main St., Batavia, is charged with criminal mischief, 4th; Toni M. White, 29, same address, is charged with disorderly conduct. Drake and White were allegedly involved in a domestic dispute at 10:53 a.m., Saturday, with Drake allegedly destroying property belonging to White, and White allegedly yelling obscenities repeatedly while outside.
Stephen A. Lewis, II, 29, of 18 Cherry St., Batavia, is charged with DWAI (Drugs); aggravated unlicensed operation; moved from lane unsafely and inadequate headlamps. Officer Jason Davis stopped Lewis stopped Lewis at 12:15 a.m, Sunday, after reportedly observing him driving on East Main Street with out headlamps, turning onto Harvester Avenue and striking the curb.
Gregory L. Brennan, 41, of 8044 Kelsey Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 3rd, and driving the wrong way on a one-way street. Brennan was stopped at 5:06 a.m., Friday, by Officer Daniel J. Coffey after allegedly being observed driving the wrong way down North Spruce Street.
Summer Ogden, 31, of 112 State Street, lower, rear, is charged with assault, 3rd, and criminal mischief, 4th. Ogden is accused of attacking her boyfriend and biting him causing an injury. She also allegedly destroyed some property. She was arrested at 8:15 p.m., Thursday. She was jailed on $1,000 bail.
Andrew J. Duckworth, 31, of 128 Jackson St., Batavia, is charged with harassment, 2nd. Duckworth was allegedly involved in a domestic dispute with his girlfriend at their residence. He was arrested at 4:08 a.m., Sunday, and jailed on $1,000 bail.
Warren H. Gaskin, 51, of 541 East Main St., Batavia, is charged with DWI, driving with a BAC of .08 or greater and operating without headlamps. Gaskin was stopped at 2:17 a.m., Saturday, by Officer Thad Mart after allegedly being observed driving on West Main Street without headlamps.
Robert J. Scott, 35, of 30 West Ave., Medina, is charged with aggravated unlicensed operation, 2nd. Scott was taken into custody on a warrant from 2005 by Batavia Police on Friday after being released from Orleans County Jail on unrelated charges. He was jailed on $1,000 bail.
Dennis F. Johnson, 49, of 901 Akron Road, Pembroke, is charged with DWI, driving with BAC of .08 or greater, consumption of alcohol in a motor vehicle, inadequate plate lamps and failure to yield to an emergency vehicle. Johnson allegedly failed to stop at 8:30 p.m., Saturday, for Deputy Kevin McCarthy who was attempting to make a traffic stop for an alleged equipment violation. Johnson allegedly didn't stop until he was in the driveway of his home.
Justin Zane Barker, 21, of 52 Columbia Ave., Batavia, was taken into custody on a bench warrant out of Cheektowaga Court for alleged petit larceny.
Julie Skye Besser, 42, of 380 Council House Road, Alabama, is charged with DWI, failure to yield right of way to emergency vehicle, refusal to take a breath test and failure to dim lights. Besser was reportedly stopped at 12:47 a.m., Sunday, on Hopkins Road in Pembroke, by Deputy Jason Saile.
Justin James Jaszko, 30, of 8087 Kelsey Road, Batavia, is charged with criminal contempt, 1st, two counts of criminal trespass, 2nd, unlawful imprisonment, 2nd, menacing, 3rd, harassment, 2nd. Jaszko allegedly violated an order of protection at 4:30 a.m., Saturday. He was jailed on $20,000 bail.
A 17-year-old from Oakfield is charged with aggravated harassment. The youth allegedly sent unwanted text messages and made unwanted phone calls to a young victim after being told to have no further contact with that person.
Lacey Ann Easton, 21, of 13369 Steiner Road, Akron, is charged with unlawful possession of marijuana. Easton was stopped at 12:34 a.m., Saturday, by Deputy Patrick Reeves for alleged traffic violations on Route 5, Pembroke.
Anthony John Ferris, 28, of 43 Longs Lane, Corfu, is charged with six counts of criminal contempt, 2nd. Ferris allegedly tried to call his ex-girlfriend in violation of a court order while locked up in Genesee County Jail.
Henry Leon Polanowski, 30, of 7205 E. Superstition Springs Blvd., Mesa, Ariz., is charged with unlawful possession of marijuana. Polanowski was arrested by Deputy Chad Minuto at 2:21 p.m., Friday, in Oakfield.
James R. Presnal, 51, of Penfield, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely and refusal to take a breath test. Presnal was reportedly stopped by State Police at 7:46 p.m., Saturday on the Thruway in the Town of Batavia.
Accidents from the State Police blotter:
4:32 p.m., March 18, Pekin Road, Elba, two vehicles; Driver 1: Mary R. Maciag, 26, of Darien Center; Driver 2: Joan C. Whyman, 68, of Oakfield. No injuries reported.
7:40 a.m., March 20, Thruway toll entrance, Town of Batavia, two vehicles; Driver 1: Ashton L. Smith, 27, of Le Roy; Driver 2: M.L. Klinkbeil, 36, of Rochester. One injury reported.
Indian Falls and East Pembroke are being asked to respond to a reported house fire at 1822 Indian Falls Road.
A chief responding reports smoke coming from the eves at that back side of the building as well from the roof ridge.
UPDATE 6:53 p.m.: More departments being dispatched: Oakfield, Alabama and Pembroke, Town of Batavia; Town of Batavia to the East Pembroke Fire Hall.
UPDATE 7:00 p.m.: Fire police asked to respond and close Indian Falls at Airville and at Evergreen.
UPDATE 7:04 p.m.: Fire reported coming through the roof.
UPDATE 7:19 p.m.: The fire has spread; firefighters are trying to get the roof opened up to more effectively fight it.
UPDATE 7:52 p.m.: Some tankers being put back in service.
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