pembroke

Press release:

U.S. Senator Charles E. Schumer today urged the New York State Office of Parks, Recreation and Historic Preservation to expeditiously complete the cultural resource study that must be performed on a potential veteran cemetery site, before the U.S. Department of Veterans Affairs (VA) can choose to establish and construct a national veterans’ cemetery in Western New York.

The VA was in the process of performing due diligence on a proposed site on Indian Falls Road when they discovered the need to do a more in-depth archeological study, to be overseen and reviewed by the State Historic Preservation Office (SHPO), in order to finalize the selection. The cultural resource survey is the third phase of the archeological process, and concludes whether land contains historical artifacts and if so, how they must be addressed.

Once the study has been reviewed and a determination made by SHPO, the VA will have the information needed to proceed to their final site decision. Schumer noted that with a lack of a national veterans’ cemetery within a 75-mile radius, and hundreds of thousands of veterans living in the region, the time is long past to establish a national veterans’ cemetery in Western New York.

“It is time that hundreds of thousands of deserving veterans from Buffalo to Rochester and beyond are afforded a site for proper military burial near their home in Western New York. The delay has gone on too long, but the end is in sight: I am focused on breaking through this hurdle in order to get to a final site decision,” Schumer said. “The State Historical Preservation Office should swiftly complete the review of this archeological study so that a decision can be made posthaste, and so that our dedicated veterans can have a final resting place worthy of their service. Western New York veterans have a proud tradition of military service, and I’m going to keep pushing the VA to move full speed ahead and offer my support to knock down any barriers that may stand in the way of establishing this cemetery.”

For the past three years, the VA has been unsuccessful in reaching an agreement with property owners in order to purchase land for establishment of a National Veterans Cemetery. After the SHPO’s review and determination, the VA will be able to move forward with the selection of one of the final three candidate locations.

The cultural resources study includes taking subsurface samples of the land, and thus can only be performed between harvest and planting of crops; which is the reason the study has been so far delayed. The potential site in question is a 132-acre farm located at Route 77 and Indian Falls Road in Pembroke. The VA is also considering two other sites in the area.

Schumer has long argued that it is critical for the veterans’ cemetery location to be decided on and for acquisition to begin immediately. Half of New York Veterans are 65 years of age or older, and now is the time to start planning for the future of those veterans, and ensuring that they are treated with the honor they deserve. Schumer has heard from local veterans groups that veterans in Western New York desprately want to be buried in a national shrine, but don’t want to force their families to travel long distances to visit, potentially at great hardship to do so.

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

Senator Schumer has 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, there are nearly 100,000 veterans in Orleans, Niagara, Erie and Chautauqua counties alone, approximately 200,000 veterans in the Rochester region, and additional veterans who live more than 75 miles from the nearest available National Cemetery in Bath, NY. Schumer has fought to keep the VA moving forward in finding a site for this cemetery ever since, and has pushed the process through a variety of roadblocks.

In particular, throughout the process, Schumer has urged the VA to be more transparent about its selection timeline and site preferences. As a result of the Senator’s efforts, the VA has released information about the process to the local community, and after a personal meeting in Schumer’s D.C. office in 2012, committed to an expedited timeline.  Schumer vowed to continue his efforts to speed up the selection process and is now urging the State Historic Preservation Office to expedite its archeological study so that the VA can finally close on a property.

The murder conviction of Scott Doll, and whether he should have been read his Miranda warnings prior to questioning, will be reviewed by New York's highest court, according to an AP story on the Wall Street Journal's Web site.

The Court of Appeals heard arguments on Tuesday and could issue a ruling within a month.

Doll was convicted in a jury trial May 20, 2010 of murdering Joseph Benaquist, a friend, fellow former corrections officer, and a business partner.

On a cold winter night, Feb. 16, 2009, Doll was spotted by Deputy James Diehl, walking on Lake Road, Pembroke, wearing blood-soaked coveralls and carrying a tire iron.

Initially, Doll reportedly said the blood came from a butchered deer. Investigators were skeptical and questioned him for several hours.

At trial, defense attorney Paul Cambria tried to get Doll's statements thrown out because Doll had not been read his rights. The prosecution countered -- and Judge Robert C. Noonan upheld -- that under rules known as the "emergency doctrine," law enforcement can question a person without reading that person his rights.

The fear, according to the prosecution, was that a person was badly injured and in need of immediate medical attention.

The defense has maintained that without any actual evidence that a person was in fact hurt the emergency doctrine does not apply.

Some of the statements used against Doll where made to a friend who came to the Sheriff's Office on Park Road to talk with him while he was being held there. An investigator was in the room, taking notes during the conversation.

Even if the court rules in favor of Doll, the court would not necessarily order a new trial, but that could be a possible outcome if jurists find that Doll should have been read his rights prior to questioning, or at some point earlier in the investigation.

At trial, evidence against Doll included his blood-splattered overalls, titles and receipts for cars he and Benaquist bought and sold, and his proximity to the murder scene. At the start of the trial, Cambria raised the possibility that one of Doll's sons did the deed, but Doll's son had an alibis for the time of the murder. The prosecution's case largely rested on "if not Scott Doll, then who?"

Doll was sentenced to 15 years to life in prison. 

He subsequently beat a jail contraband charge in a trial in City Court over some white powder found in a balloon on his body after his conviction. The powder turned out to be aspirin.

At the time of his arrest in 2009, he was already an announced candidate for mayor in the Village of Corfu. He lost the election to incumbent Todd Skeet.

For our prior Scott Doll coverage, click here.

Investigators are looking for leads on who may behind a series of ATV thefts in the western part of Genesee County, said Chief Deputy Jerome Brewster.

Only two stolen four wheelers have been recovered from what Brewster called "a rash" of thefts in the Pembroke, Corfu and Indian Falls areas.

There have been no arrests and Brewster said it's likely the same individuals are responsible for all the thefts and that they are probably from outside the county.

"As always, owners should keep their property locked up when not in use and neighbors should report suspicious activity immediately," Brewster said.

For tips and information, the Sheriff's Office can be contacted at (585) 343-5000.

Tina M. Martin, 33, of 96 Carlyle Ave., Buffalo, is charged with DWI, driving with a BAC of .08 or greater and speeding. Martin was stopped at 11:47 p.m. Saturday on Pearl Street in Batavia by Officer Arick Perkins.

Eric L. Barnes, 22, of Valiant Drive, Rochester, is charged with unlawful possession of marijuana, aggravated unlicensed operation, operating on suspended registration and unlicensed operator. Barnes was stopped for an alleged suspended registration at 4:57 p.m. Friday on Route 77, Pembroke, by Deputy Kevin McCarthy.

William John Dale, 40, of Lattice Bridge Road, Fillmore, is charged with petit larceny. Dale is accused of shoplifting at Kmart.

A deputy has been dispatched to Gabbey Road, Pembroke, to check on a dog in the roadway.

The dog is wearing a sweater.

Anthony L. Holohan, 77, of Gilmore Road, Corfu, is charged with criminal mischief, 2nd. On July 11, an employee of the Log Cabin Restaurant arrived at work and found a hole in a picture window in the dining room. Later he found another window was damaged. After an investigation, Holohan was arrested and accused of damaging the windows at about 3 a.m., July 11. The estimated damage is $2,260. There's no known motive for the alleged crime. Holohan posted $5,000 bail and was released.

Ryan C. Riggi, 18, no permanent address, is charged with two counts of criminal possession of stolen property, 4th. Riggi is accused of twice possessing and using a credit card of another person, stealing more than $3,000. Riggi was jailed on $10,000 bail.

Danielle Marie Stevens, 36, of Ford Road, Elba, is charged with petit larceny and criminal possession of a controlled substance, 7th. Stevens is accused of stealing a bottle of hydrocodone pills from the purse of another person.

Matthew Charles Olcott, 34, of West Main Street Road, Batavia, was arrested on warrants out of the Town of Pembroke and Town of Batavia, for criminal possession of a controlled substance, 7th, violation of probation, attempted unauthorized use of a vehicle, 3rd, and aggravated unlicensed operation of a motor vehicle, 2nd. Olcott was arraigned in Town of Batavia Court on all charges and jailed on $500 bail on the Town of Pembroke charges.

Matthew T. Milleville is indicted on counts of criminal possession of marijuana, 2nd, and criminal possession of a controlled substance, 7th. Milleville was allegedly found in possession of more than 16 ounces of marijuana and a quantity of LSD at a location on Main Road, Pembroke, on Dec. 12.

Brandin D. Scott is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Scott was allegedly driving drunk on Route 33 in Stafford on Feb. 22. He was allegedly convicted of DWI in 2003.

Nicholas J. Adkins, 22, of 111 Liberty St., Apt. A, Batavia, is charged with resisting arrest, reckless endangerment property, unlawful possession of marijuana and assault, 2nd, with intent to cause physical injury to an officer. Batavia PD reportedly attempted to assist in the arrest of Adkins on State Street at 6:25 p.m., Tuesday, on a NYS Parole warrant and Adkins allegedly fled on foot.

Carolyn Marie Peachay, 30, of Main Road, Stafford, was arrested on a City Drug Court warrant related to a prior DWI case. Peachay was jailed on $100,000 bail.

Jerome W. Brown, of 65, of Lockport, is charged with menacing, 2nd. Brown was arrested by State Police for an alleged incident reported at 10:56 a.m., July 3, in the Town of Pembroke. No further details were released.

(Name redacted upon request), 35, of Buffalo, is charged with DWI and driving with a BAC of .08 or higher. xxxx was stopped at 11:27 p.m. Tuesday on Colby Road, Darien, by State Police.

After graduating from Pembroke High School in 2012, Caleb Lang signed on with Cairn University, located in Langhorne, Pa., joining the baseball team in his freshman year. Caleb plays third baseman and in the past made the Section V all star team.

In high school, Lang played first and short helping the Pembroke Dragons put together a record season in 2012.

Playing for the Cairn Highlanders in both the NCCAA II and NCAA III leagues, Caleb earned of Rookie of the Year honors and runner-up for player of the year playing in the CSAC. He was also named Cairn Highlander Player of the Year by his university and was Player of the Year in the NCCAA II East Division.

Playing in the NCCAA II division, Lang was one of 15 people to make the all-American team.

During the 2013 season, Lang had a batting average of .452 making him first in the CSAC and 7th in the NCAA III division. Caleb was also 12th in the NCCAA II division for slugging percentage with a .719 slugging percentage.

In his freshman year, Lang made the CSAC all-academic team and the dean's list at Cairn. He also made the university's dean's list both semesters of his senior year. 

Lang is going after a double major, business and Bible.

Lang chose Cairn university because "it just kinda seemed right" and that "it had the background I was looking for...

"I figure if you work as hard as you can and get as good as you can, you never know what can happen. So I figure I'll just play baseball, see where it takes me. But, definitely get my degree... No matter what happens, you'll always have your degree."

Five girls from Genesee County are part of a Genesee Valley Pride basketball program that recently took third place in a national tournament held in Florida.

The team is made up of Samantha Jurek and Hunter Jurek, from Alden, Abby Kamysz, Attica, Tiara Filbert, Batavia, Rebecca Grimaudo, Churchville-Chili, Kayla Heimlich, Le Roy, Niki Templeton and Logan Fugle, both of Livonia, and Pembroke’s Rylee Mosher, Breanna Johnson and Michaela Nati.

This was the inaugural season for GV Pride, which competed in six regional tournaments before traveling to Florida. For more on the program, visit the team's Web site.

The state's commission on judicial conduct has ordered that all cases assigned to Town of Pembroke Justice Alexander be reassigned to Justice David O'Connor.

Alexander, the former justice for the Village of Corfu, was indicted yesterday on three misdemeanor crimes, including coercion and official misconduct.

An e-mail was sent to officials in Corfu and Pembroke today informing them of the order.

The e-mail reads:

For your information, kindly find the attached administrative order AO/201/2013 signed by the Hon. A. Gail Prudenti reassigning all judicial matters currently pending before the Hon. Robert E. Alexander, Town Justice, Pembroke Town Court, to the Hon. David M. O'Connor, Town Justice, Pembroke Town Court, effective immediately, and direct that no further judicial matters be assigned to Justice Alexander until further order of the Chief Administrative Judge.

Thank you.

Kate Breen
Court Analyst
Deputy Chief Administrative Judge's Office
for Courts Outside New York City

The Batavian has not yet obtained the attachment cited in the e-mail.

Alexander is the father of Brandi Watts, the former court clerk in Corfu who is accused of stealing more than $10,000 in court funds and filing false documents.  Alexander was charged with crimes related to his alleged attempts to disprove there were missing court funds.

O'Connor is a justice in the Town of Pembroke Court and the Village of Corfu Court.

UPDATE: The attachment, the actual order, is short and to the point:

Pursuant to the authority vested in me, I hereby reassign all judicial matters currently
pending before the Hon. Robert E. Alexander, Town Justice, Pembroke Town Court, to the Hon. David M, O’Connor, Town Justice, Pembroke Town Court, effective immediately, and direct that no further judicial matters be assigned to Justice Alexander until further order of the Chief Administrative Judge.

It's signed by Judge A. Gail Prudenti.

Martha D. Duke, 63, of Mt. Hope Avenue, Rochester, is charged with driving while ability impaired by drugs. Duke was allegedly observed by witnesses driving westbound in the eastbound lane of the I-490. She was also allegedly observed driving on the shoulder of Route 33, westbound toward Batavia, at 25 mph. Deputy Chris Parker stopped her vehicle in the City of Batavia. The investigation is ongoing and additional charges are possible in Genesee and Monroe counties.

Dennis A. Edson, 49, of 17 Porter Ave., Batavia, is charged with aggravated harassment (physical contact due to race/religion). Edson is accused threatened a passing male using racial slurs. The alleged incident was reported at 12:10 p.m. Tuesday.

Gloria S. Moretti, 36, of Batavia, is charged with criminal contempt. Moretti was arrested by State Police in the Town of Pembroke. No further details released.

Chase M. Knight, 23, of Tonawanda, is charged DWI and driving with a BAC of .08 or greater. Knight was stopped by State Police in the Town of Pembroke at 11:57 p.m. Sunday.

Steven Douglas Crandall, 50, of Driving Park, Rochester, is charged with petit larceny and trespass. Crandall allegedly stole an air conditioning unit at Walmart with a $479.08 value. Crandall is allegedly banned from all Walmart stores because of a prior shoplifting allegation. Crandall also had an warrant for his arrest out of Town of Batavia Court for a prior shoplifting charge at Kmart. Crandall was jailed on $500 bail.

Daryl R. Hamler, 19, of Wescott Road, Le Roy, is charged with criminal possession of marijuana, 4th, and speeding. Also charged with criminal possession of marijuana was Rebecca E. Cook, 19, of Caldwell Road, Groveland. Hamler and Cook were allegedly found in possession of more than two ounces of marijuana during a traffic stop by Deputy James Diehl at 12:02 a.m. on Route 19, Le Roy.

Andrew Alexander Halloran, 48, of Northwest 7 Street Road, Miami, Fla., is charged with criminal possession of a controlled substance, 7th, DWI, refusal to take breath test, speeding and failure to keep right. Halloran's vehicle was stopped at 11:43 p.m. Tuesday on Route 20, Darien, by Deputy Joseph Corona.

Cheryl L. Behm, 53, of Alden, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, failure to use designated lane and consumption of alcohol in a motor vehicle. Behm was stopped at 1:24 a.m. Wednesday on Main Road at Back Street in Pembroke by State Police.

Earl S. Lockhart, 20, of Batavia, is charged with petit larceny. Lockhart is accused of stealing from Kmart.

Charles Wayne O'Shea, 35, of East Main Street, Le Roy, is charged with felony DWI, felony driving with a BAC of .08 or higher, aggravated unlicensed operation, 1st, consumption of alcohol in a motor vehicle and aggravated unlicensed operation, 2nd. O'Shea was arrested twice for alleged drunken driving within a four-hour period. The second arrest came after a traffic stop at 8:36 p.m. Saturday on Route 19, Le Roy, by Deputy Chad Minuto. Minuto said he observed O'Shea driving and knew from being involved with a prior arrest of O'Shea that O'Shea allegedly did not have a valid driver's license, so he initiated a traffic stop. Upon further investigation, Minuto concluded O'Shea was allegedly driving while intoxicated. Four hours earlier, according to Minuto's report, Minuto assisted Deputy James Diehl while Diehl arrested O'Shea for allegedly driving drunk.

Selime Bela, 49, of Crimson Drive, Albion, is charged with petit larceny. Bela is accused of shoplifting $67.49 in merchandise from Kmart.

Brandon Marshall Weig, 25, of Buffalo Road, Bergen, is charged with harassment, 2nd (physical contact). The alleged incident was reported at 1:02 a.m., Friday. No further details released. Weig was also arrested on a bench warrant for alleged criminal contempt, 2nd, and disobeying a mandate.

Michael T. Dibble, 21, of Corfu, is charged with DWI. Dibble was arrested by State Police at Erie County Medical Center for allegedly driving drunk in the Town of Pembroke at 4:19 p.m., Wednesday. No further details released.

Jeremy M. Sheehan, 30, of Le Roy, is charged with harassment, 2nd. Sheehan was arrested by State Police following an alleged incident reported at 1:49 a.m. Thursday in the Town of Le Roy. No further details were released.

A man is reportedly sleeping on the ground with beer cans under his head at the Flying J Travel Plaza in Pembroke. He has been asked to move along, but is refusing, so a Sheriff's deputy is responding.

David W. Maxwell, 62, of Vine Street, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to yield to an emergency vehicle, failure to dim headlights, failure to keep right, refusal to take breath test and controlled substance not in original container. Deputy Kevin McCarthy spotted Maxwell's car at 10:09 p.m. Tuesday on Route 33 in Pembroke and Maxwell allegedly failed to dim his headlights for oncoming traffic. When McCarthy attempted a traffic stop on Maxwell's car, Maxwell allegedly refused to pull over. A short pursuit followed and Maxwell eventually pulled over on Route 33 in the Town of Batavia.

Donna Marie Kroft, 59, of State Street, Batavia, is charged with petit larceny. Kroft is accused of shoplifting at Kmart on Tuesday.

Dora Poodry, 19, of Basom, is charged with petit larceny. Poodry was arrested by State Police for an alleged incident reported at 9:18 p.m., Wednesday, at a location on Veterans Memorial Drive. No further details released.

An ambulance is requested non-emergency to 1055 Sliker Road, Indian Falls, for a person with a possible head injury and cuts and abrasions following a hit-and-run accident at that location.

The patient is conscious and alert and needs to be evaluated.

No information available at this time on the suspect vehicle.

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The East Pembroke Volunteer Fire Department is hosting a fundraiser today for Trey (pictured above with Chief Don Newton Jr., and his mother, Heather).

Trey recently underwent surgery for Chiari Malformation (Arnold-Chiari), a serious neurological disorder where the bottom part of the brain, the cerebellum, descends out of the skull and crowds the spinal cord, putting pressure on both the brain and spine causing many symptoms.

The fundraiser will help cover his medical expenses. It includes a chicken BBQ, chance auction and silent auction and goes until 5 p.m. at the East Pembroke fire hall on Route 5.