pembroke

Flags have been placed on both sides of West Main Street Road, Town of Batavia, adjacent the Michael S. Tomaszewski Funeral & Cremation Chapel, to honor Sgt. Shaina Schmigel, a paratrooper who died during training last week.

Schmigel is a decorated Iraq War veteran.

Born in Batavia, Schmigel went to high school in Medina.

The Patriot Guard escorted her casket into Genesee County and then to Medina. The procession is expected in Batavia around 7:15 p.m.

Rita Towner helped organize an effort to use flags from Redfield Parkway to line West Main Street. She's asking that any residents along the route today and Wednesday (when the funeral procession will travel from Batavia to Corfu) to put out any flags they have in the parkway or along the roadway.

Below is a video from Route 77 in Pembroke that was submitted by a reader.

UPDATE: Also participating in the flag placement: Kathy Owens, Dennis Altman, Spencer Towner, Laura Mullen, Quinton and Michelle Taylor, the Browns, Lynn Conroy and her cousins.

A fire on the roof, near an air-conditioning unit, is reported at the Flying J Travel Plaza. Pembroke and Indian Falls fire departments are responding along with Corfu and the city's Fast Team. The fourth platoon is called to stand by in city quarters. The building is evacuated. A first responder on scene reports nothing showing. Command says units already on the road can continue emergency mode.

UPDATE 10:58 a.m.: Fire appears to be out.

UPDATE 11:11: A code enforcement officer is on scene.

UPDATE 11:46 a.m.: Corfu is back in service.

UPDATE 11:55 a.m.: Pembroke command says they are picking up and will be leaving the scene shortly.

A manure pile is on fire at 8122 Marble Road, according to a farm hand there. Pembroke and Indian Falls fire departments are responding. The location is between Akron and Gabbey roads.

UPDATE 1:05 p.m.: The site is next to the alpaca farm. A responder on scene says "it's smokin' pretty good."

UPDATE 1:31 p.m.: Fire is out. Indian Falls is back in service.

UPDATE 1:49 p.m.: Pembroke is back in service.

Press release:

"For too long, Western New York's veterans have been denied the honor of being laid to rest among their fellow heroes right here in our community," Congressman Chris Collins said. "Today's announcement of a veterans’ cemetery in Pembroke finally rights that wrong. This location will allow veterans from all around our region to be properly and locally honored for their service to this country."

Background: The VA has selected a 132-acre parcel on Indian Falls Road in the Town of Pembroke (Genesee County) as home for the long-anticipated Western New York Veterans’ Cemetery. Currently, the closest veterans’ cemetery is located in Bath, approximately 100 miles away.  

Press release from Sen. Charles Schumer's office after the jump:

Senator Charles E. Schumer today announced that the Department of Veterans Affairs (VA) has selected a site for the long-awaited Western New York Veterans’ Cemetery. The cemetery will be located on a 132-acre parcel at 1232 Indian Falls Road in the Town of Pembroke, Genesee County, just north of the Pembroke Thruway exit.

This veterans’ cemetery will be the first and only of its kind in the Buffalo-Rochester area, and will save thousands of military families from having to travel upward of 100 miles to visit their loved ones at what is now the closest veterans’ cemetery in Bath.

Schumer, along with various veterans groups, have led the charge to bring this much-needed veterans’ cemetery to Western New York. They've argued that a lack of a national veterans’ cemetery within a 75-mile radius of Buffalo and Rochester meant that it is long past time to establish a national veterans’ cemetery at a closer location for the hundreds of thousands of veterans living in the region.

The site is located approximately 30 miles from Buffalo and 48 miles from Rochester. The cemetery will provide a fitting burial option to approximately 96,000 currently underserved veterans and family members living in Western New York.

Schumer said this site selection is great news for the many thousands of deserving veterans living in Buffalo, Rochester, and beyond. With this new cemetery in Pembroke, these veterans and family members will be able to have a proper military burial near their homes in Western New York, and their families will be able to pay their respects without having to travel over 100 miles – something that can be a tremendous burden for many families.

“I am pleased that after four years of hard work, we finally have a site in place," the Senator said. "After serving our country so valiantly, and for so many years, it is only appropriate that we develop a national shrine, on a beautiful piece of land right in our backyard, for our veterans’ final resting place.”

Schumer has long argued that it is critical for a veterans’ cemetery location to be located in Western New York. He has pushed the VA as well as the State Historic Preservation Office (SHPO) to decide on a site and conduct the necessary environmental reviews as quickly as possible. Half of New York’s veterans are 65 years of age or older, and it’s well overdue to plan for their future and to ensure that they are treated with the honor they deserve.

Schumer has heard from local veterans groups that veterans in Western New York desperately want to be buried in a national shrine, but don’t want to force their families to travel far away to visit, at potentially great hardship. Some veterans have reported that families are delaying interring the cremated remains of their loved ones, with the intention of making this new cemetery their loved one's final resting place.

Today, more than 22 million veterans are eligible for the honor of burial in a national cemetery. Veterans with discharges other than dishonorable, their spouses and dependent children, may also be eligible for burial in a VA National Cemetery. Those who die on active duty may be buried in one, too.

Schumer joined with Western New York vets for years in calling for the VA to locate the first federal veterans’ cemetery in the region. Around 2009-2010, the VA updated its burial policy, which changed the threshold of veterans required to construct a new national cemetery to 80,000 veterans within 75 miles of a proposed site.

With this new policy, the region was more than qualified, with 96,000-plus veterans in Western New York who live beyond 75 miles from the nearest available national cemetery -- in Bath. Moreover, a total of nearly 300,000 veterans across Western New York could be served by this cemetery. Schumer has fought from the start to push the VA to move forward in finding a site for this cemetery, and he has pushed the process through a variety of roadblocks.

Jarrod K. Fotiathis, 19, of Ellicott Street, Batavia, is charged with false personation. Fotiathis was suspected of being involved in a fight Wednesday night on Swan Street. When questioned, Fotiathis allegedly gave a false last name to a police officer. Officers reportedly asked him several times for his real last name and Fotiathis allegedly refused to do so. 

William Scott Smith, 46, of Main Road, Pembroke, is charged with unlawful possession of marijuana. Smith was allegedly found in possession of marijuana at 11:45 p.m. May 16 on Main Road, Pembroke, by Deputy Kevin McCarthy.

Michael Joseph Elmore, 23, of Summit Street, Batavia, is charged with unlawful possession of marijuana and trespass. Elmore allegedly trespassed on private property and was found in possession of marijuana at 3:10 p.m. May 24 by Deputy Kevin McCarthy.

Kristine Szumigala, 40, of East Avenue, Batavia, is charged with harassment, 2nd. Szumigala was allegedly involved in a fight at 8:57 a.m. Sunday at 16 Bank St., Batavia.

A Genesee County Grand Jury has filed an indictment against a Batavia resident who is accused of firing a handgun at another person while on State Street on Sept. 27.

Deshawn Allen Butler, 34, was wanted for a time in connection with the shots fired incident and was arrested in December. He was released from jail a few days later when the prosecution, which wasn't ready to proceed with a pre-trial hearing, called a felony hearing.

Butler was indicted on counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.

Other indictments filed by the Grand Jury:

Kelly M. Zwolinski is indicted on a count of criminal possession of stolen property, 4th, a Class E felony. Zwolinski is accused of knowingly possessing stolen property valued at more than $1,000. In this case, a Western barrel-racing saddle, a Western trail saddle, two sets of stirrups and a breast collar.

Jose A. Esquilin is indicted on a count of DWI as a misdemeanor and aggravated unlicensed operation, a Class E felony. Esquilin was stopped Dec. 6 on the Thruway in Pembroke.

A motorcycle crash with unknown injuries is reported at 7129 Hopkins Road. Mercy Flight is on ground standby in Batavia; not available to fly except to Strong Memorial Hospital due to wind. Pembroke and Indian Falls fire departments are responding. A first responder says the rider is off the bike, standing up and holding his helmet.

UPDATE 6:18 p.m.: Mercy medics are responding non-emergency mode.

Reader Ivy Otto e-mailed us about her sighting of a black bear early Wednesday morning. Unfortunately we are not able to use the two photos she sent us. Otto says she saw the bear on Akron Road in the "Pembroke/Akron area...almost near the 5 Corners."

"Just wanted to give the neighborhood a heads up!"

The pictures show a full-grown bear coming out of a wooded area alongside a white house, with a white tool shed in back and a white pole in front (the top is not visable, may be a flagpole) with fieldstones around its base.

A Sheriff's deputy is responding to an address on Angling Road, Pembroke, after a resident reported that a neighbor's dogs killed the resident's chickens.

About 100 Pembroke High School students held a prayer walk this evening from the school to the cemetery in Corfu in memory of Dean Cullinan. The 19-year-old Corfu resident died the night of April 23 while walking his bike on Genesee Street in Darien.

These are the latest indictments issued by the Genesee County Grand Jury.

Scott A. Kopper is indicted on first-degree assault, a Class B violent felony. It is alleged that on Jan. 8 in the Town of Pembroke, with intent to cause serious injury to another person, he caused injury to such person or to a third person, in this case Sheriff's Deputy Brian Thompson, by means of a dangerous instrument -- a vehicle. In count two, Kopper is accused of the crime of reckless endangerment, 1st, a Class D felony. It is alleged that on the same day, "under circumstances evincing a depraved indifference to human life," he recklessly engaged in conduct which created a grave risk of death to another person by closing the window of his vehicle thereby trapping Deputy Thompson's arm, and started to drive away, dragging Deputy Thompson with him. In count three, Kopper is accused of second-degree assault, also a Class D felony, for acting with intent to prevent a police officer from performing a lawful duty, causing physical injury to such person, Deputy Thompson. In count four, Kopper is accused of second-degree assault, another Class D felony, for allegedly intending to cause physical injury to another person, and causing injury to such person, Deputy Thompson, by means of a dangerous vehicle -- a vehicle.

Antonio A. Ayala and Ashley L. Alvord are indicted on drug-related charges stemming from contact with law enforcement on Nov. 19 in the Town of Bergen. Ayala is indicated for the crime of criminal possession of a controlled substance, 3rd, a Class B felony, for allegedly knowingly and unlawfully possessing a narcotic drug, cocaine, with intent to sell it. In count two, Alvord is indicated for the crime of criminal possession of a controlled substance, 4th, a Class C felony, for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances with an aggregate weight of one-eighth ounce or more. In count three, both Ayala and Alvord, are accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 years old, in this case a 4-year-old child.

Alissa A. Fodge is indicted for third-degree grand larceny, a Class D felony, for allegedly stealing property valued in excess of $3,000 from a convenience store in the Town of Bergen between Aug. 19 and Oct. 16. The value of the property is about $7,040.

Aaron M. Zastrocky is indicated for driving while intoxicated, a Class E felony, for allegedly driving a 1998 Jeep on South Lake Road in the Town of Le Roy on Dec. 20 while intoxicated. In count two, he is accused of aggrevated driving while intoxicated, also a Class E felony, for having a BAC of .18 or more at the time.

A small grass fire is reported at 3500 Harloff Road in the area of Polar Wave. East Pembroke and Town of Batavia fire are responding.

UPDATE 1:16 p.m.: The caller was a passerby on the Thruway, who also stated that she saw a man standing on a hill next to the blaze. Now dispatch has called law enforcement to investigate a possible arson. East Pembroke firefighters at the scene are running out of water. Town Engine 24 just arrived. They want to squelch the fire before "it gets down into the buidlings."

UPDATE 1:20 p.m.: A tanker from East Pembroke is also going to the scene.

UPDATE 1:22 p.m.: Firefighters want to keep the fire from going over the hill into the brush. A firefighter says wind is a factor and also reports that "the landowner is giving us a hard time." After confirming that law enforcement is on scene, he says "have them come over and have a chat (with the perturbed landowner).

UPDATE 1:35 p.m.: Command reports the fire is under control.

UPDATE 1:59 p.m.: Fire is out. Assignment is back in service. Law enforcement is making a report about the possible arson.

Brandon Michael Woodham, 22, of Wheeler Road, Medina, is charged with unlawful possession of marijuana and unlawful dealing with fireworks. Woodham was stopped at 5:27 p.m. Friday on Veterans Memorial Drive by Deputy Joseph Loftus and found to allegedly possess fireworks and marijuana.

Scott M. Walton, 57, of Spencerport, is charged with DWI, driving with a BAC of .08 or greater and failure to dim lights. Walton was stopped at an unspecified time and unspecified location by a Le Roy PD officer.

Jamie L. Rennicks, 30, of Pembroke, is charged with DWI and driving with a BAC of .08 or greater. Rennicks was stopped at 2:10 a.m. Saturday on West Main Street Road, Batavia, by a State trooper.

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

Duane L. Garlow is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Dec. 18, in the Town of Le Roy, he drove a 2013 Chevrolet on Perry Road while intoxicated. In count two, Garlow is indicted for the crime of driving while intoxicated, per se, also a Class E felony, for allegedly having a BAC of .08 or more at the time.

Robin L. Santarini is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Feb. 17, Santarini drove a 2014 Chevrolet on I-90 and in the Pembroke Service Area parking lot while intoxicated. In count two, Santarini is indicted for the crime of driving while intoxicated, per se, also a Class E felony, for allegedly having a BAC or .08 or more at the time.

John Laverne Robinson, 51, of North Lake Road, Bergen, is charged with menacing, 2nd. Robinson is accused of pointing a shotgun at another person while the person was looking through Robinson's window.

Aaron M. Hatt, 22, of Alexander, is charged with harassment, 2nd, and unlawful possession of marijuana. Troopers responded to a complaint of a domestic dispute in the Town of Pembroke. In route, troopers came upon a young man walking down the center of Gabby Road. He reportedly said he had just argued with a female at the address of the initial complaint. Hatt was taken back to the house and upon investigation, troopers learned Hatt had allegedly been involved with a physical confrontation with the victim. He allegedly possessed marijuana at the time of his arrest.

Connor W. Kelly, 19, of Rushville, is charged with unlawful possession of marijuana. A trooper stopped Kelly's vehicle on Clinton Street Road, Stafford, for allegedly lacking its plate lamp. the trooper noted evidence of alleged recent marijuana use.

Bernard Lee Evans, 43, of Cato Street, Pavilion, was arrested on bench warrants for alleged criminal contempt, 1st, and harassment, 2nd. Evans was held without bail.

Kelly Marie Faro, 37, of Church Road, of Hamlin, was arrested as a fugitive from justice. Faro was arrested on an unrelated matter by Deputy John Baiocco. During his investigation, he discovered an active warrant out of Cuyahoga County for alleged drug possession. Faro is being held without bail pending extradition.

Rhonda L. Reisman, 41, of State Street, Batavia, is charged with restrictions on running at large, prohibited nuisances (harboring a vicious dog) and harboring an unlicensed dog. Reisman is accused of owning a dog that was loose at 2 a.m. Monday and attacked a woman and her dog while on a walk. The woman and the dog both suffered injuries. Police believe this is not the first time this same dog has attacked the same woman. The dog was seized and is currently under the supervision and care of the Animal Shelter.

Robert M. Freeman, 22, of Pearl Street, Batavia, is charged with endangering the welfare of a child and reckless endangerment. Freeman is accused of driving the wheel of a vehicle being driven by another person at 10:38 p.m. Monday while on East Avenue, Batavia, causing the vehicle to strike the curb. There was allegedly a small child passenger in the car at the time. Freeman was jailed on $2,500 bail.

Ramel Joshua Askew, 20, of Rosedale Avenue, Bronx, is charged with disorderly conduct. Askew was allegedly using obscene and abusive language at 3:56 p.m. Tuesday while in front of the entrance of 14 W. Main St., Batavia.

Paul Dennis Barth Jr., 23, of Cohocton Road, Pembroke, is charged with criminal contempt, 2nd. Barth is accused of violating a Family Court order by contacting the protected person through a text message.

Melissa R. Piazza, 25, of State Street, Batavia, is charged with trespass, harassment, 2nd, and criminal mischief, 4th. Piazza allegedly told another woman that she was going to kill her, broke a screen window and was trespassing on residential property. The alleged incident was reported at 7:47 a.m. Sunday. Piazza was jailed on $1,000 bail.

A 17-year-old resident of South Main Street, Batavia, is charged with DWI driving while under the influence of alcohol, driving with no headlights and failure to keep right. The teen was stopped at 10:20 p.m. Saturday on West Main Street, Batavia, by Officer Matthew Lutey.

Jeremy A. Preston, 23, of Prospect Avenue, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Preston was stopped at 10:35 a.m. Thursday on Prospect Avenue by Officer Devon Pahuta.

Michael L. Williams, 34, of Ellicott Street, Batavia, is charged with harassment, 2nd, and two counts of endangering the welfare of a child. Williams allegedly slapped a child during a domestic incident. He also allegedly grabbed and punched a woman while a child was watching. Williams was jailed on $10,000 bail.

Bobby L. Mobley Sr., 55, of West Main Street Road, Batavia, is charged with aggravated unlicensed operation, 1st, refusal to take breath test and driving with inadequate stop lamps. Mobley was stopped at 11:37 p.m. Saturday on Central Avenue, Batavia, by Officer Jason Ivison.

Krisopher A. Anderson, 22, of North Lyon Street, Batavia, is charged with harassment, 2nd. Anderson was charged following a call for an alleged domestic incident at 2:40 a.m., Saturday.

Sara T. Cupler, 21, of Church Street, Alabama, is charged with unlawful possession of marijuana. Cupler was arrested by Officer Devon Pahuta following a call to assist another agency at a residence on West Main Street, Batavia.

Bernard Lee Evans, 43, of Cato Street, Pavilion, is charged with criminal contempt, 1st, and aggravated harassment, 2nd. Evans was arrested while incarcerated at the Genesee County Jail on new charges stemming from an alleged incident on March 26 on Starr Road, Pavilion. No further details released.

Christopher Edmond Nanni, 18, of Fox Road, Oakfield, is charged with unlawful possession marijuana and speeding. Nanni was stopped on Drake Street Road, Oakfield, at 12:07 a.m. Sunday, by Deputy Joseph Corona.

Michael A. Michalow, 56, of Baitz Avenue, Buffalo, is charged with felony DWI, felony aggravated unlicensed operation, 1st, driving without an ignitiation interlock, consumption of alcohol in a motor vehicle, no stopping/standing on public highway, refusal to take breath test and unlicensed operation. Deputy James Diehl was dispatched at 9:11 p.m. April 4 to a report of a disabled vehicle blocking the roadway on Ledge Road, Alabama. Following an investigation, Michalow was arrested and jailed on $15,000 bail.

Megan Theresa Gill, 20, of Church Street, Le Roy, is  charged with harassment, 2nd. Gill allegedly grabbed a victim's arms and held them behind his back during a fight, which was reported at 3:32 p.m. April 5 at a location on Perry Road, Pavilion.

Gregory A. Dejesus, 23, of Perry Road, Pavilion, is charged with harassment, 2nd. Dejesus is accused of striking a victim in her the face with a closed fist during an argument, which was reported at 3:32 p.m. April 5 at a location on Perry Road, Pavilion.

Aaron M. Hatt, 18, of Alexander, is charged with unlawful possession of marijuana and harassment, 2nd. Hatt was arrested by State Police following a report of an alleged incident at 11:03 a.m. Friday in the Town of Pembroke. No further details released.