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Photo: Bald eagle in Pembroke

By Howard B. Owens

Jason Bell sent us this picture of a bald eagle he spotted in Pembroke yesterday.

Senator Schumer pushes VA to complete land acquisition, begin national cemetery construction

By Billie Owens

Press release:

U.S. Senate Minority Leader Charles E. Schumer on Thursday called on the U.S. Department of Veteran Affairs (VA) to complete final acquisitions for two 60-acre and 77-acre parcels in Pembroke and then swiftly act to begin construction of the New Western New York National Veterans Cemetery.

Currently, the VA parcel is 132 acres devoted to a veterans' cemetery. The acquisitions of the two new parcels would effectively double the size of the cemetery and would clear the way for construction of a new veterans’ cemetery in Genesee County, which 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 vet cemetery in Bath, NY.

Schumer said it is vital the VA complete these acquisitions and commit to begin the cemetery’s construction this year.

“The acquisition of these two land parcels clears the way for the construction of the newest veterans’ cemetery in Pembroke. Making this cemetery a reality has been and remains one of my top priorities, and I will keep fighting to ensure that this project comes to fruition,” Senator Schumer said.

“It is now time for the VA to do its part to clear these final roadblocks so we can move to the construction phase ASAP; this cemetery's construction guarantees Western New York’s military veterans will have the proper burial, at a site close to the homes, families, and the very communities they dedicated their lives to defend and serve.”

Schumer explained the new cemetery design calls for the main entrance to be built through this 60-acre parcel of land so that veterans, their families, and cemetery visitors can access the cemetery from Indian Falls Road, rather than via the busy State Route 77 corridor. Schumer said both parcels are located adjacent to the existing 132-acre cemetery site were purchased by the VA in 2014.

The VA had advised last year that before the VA’s could acquire these two parcels needed to begin the cemetery’s construction, a buried gas line that traversed the 60- and 77-acre parcels needed to be plugged and then relocated. With this gas line work completed in December 2017, Schumer said it is time for the VA to finalize these acquisitions so that cemetery construction can begin this year.

Schumer added the 60- and 77-acre parcel will greatly expand the cemetery’s operational life and enable the VA to construct a cemetery more aligned with the Department’s initial vision for a 200-acre site. Per the timeline provided by the VA to Schumer’s office in June 2017, the VA aimed to begin construction approximately six months after purchase of the parcels, followed by the opening of the early turnover area for burials a year later in 2019.

Schumer has long fought to make this project a reality. In 2016, Schumer announced that following his push that $36 million in federal funding for the construction phase of the cemetery in Western New York had been included in the final continuing resolution (CR) package.

In December 2015, Schumer launched his push to get the VA to include this critical funding in the VA’s Fiscal Year 2017 budget request, to safeguard against needless delays between phases. In February 2016, Schumer announced the inclusion of this funding in the previous President’s Budget Request was a good sign for Rochester, Buffalo and all of Western New York. Schumer vowed to continue pushing for this critical federal funding to be included in the final appropriations bill. In April 2016, Schumer announced that, following his push, the $36 million in federal funding had been included in the final Senate Military Construction Appropriations Bill for the construction phase of the cemetery.

Schumer said the establishment of the nation’s newest Veterans’ Cemetery in Western New York is a long-sought and well-deserved opportunity to honor the more than 96,000 veterans and family members in this region who will have a proper military burial at a site close to their homes, families, and communities they served and defended.

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 more than 100 miles in some cases to visit their loved ones at what is now the closest veterans' cemetery in Bath, NY. Schumer said the initial difficulties in acquiring this Western New York property took an unusually long four years and, that the final acquisitions will be needed for construction to begin.

According to guidance provided by the VA on cemetery development timelines, it can typically take up to 24 months to complete the cemetery master planning and design process. Following the completion of that phase, the construction phase typically requires 24-30 months to compete, with early-use burial areas made available approximately 12 months after the start of construction.

A list of Schumer’s actions appears below:

·         In February 2016, Schumer announced that the just-released President’s Budget for Fiscal Year 2017 included $36 million in funding for the construction phase of the newest National Veterans’ Cemetery in Pembroke.

·         In December 2015, Schumer launched his push to secure federal funding for the construction phase of the cemetery.

·         In May 2014, Schumer announced that the VA had selected a site for the long-awaited Western New York Veterans’ Cemetery on a 132-acre parcel at 1232 Indian Falls Road in the Town of Pembroke, Genesee County.

·         This was the culmination of years of work beginning in 2009 when Schumer, together with various veterans' groups, led the charge to bring a much-needed veterans’ cemetery to Western New York arguing that a lack of a national veterans’ cemetery within a 75-mile radius of Buffalo and Rochester meant that it was long-past time for the 96,000 underserved veterans and family members living in Western New York to have a fitting burial option closer to home.

·         In 2010, the VA responded and announced it would establish a new veteran’s cemetery in Western New York. An updated VA policy dictated the construction of a national cemetery in areas where there are at least 80,000 veterans that reside at least 75-miles from an existing cemetery. In Western New York, there are 96,000 who live up to 100 miles away from the closest National Veterans Cemetery in Bath, NY.

·         In March 2012, after the VA failed to find suitable land to purchase following two separate solicitation attempts, Schumer wrote to then-VA Secretary Shinseki to urge that the VA put forth a clear timeline and path forward to avoid another protracted process that could come up empty. In response, the VA dispatched personnel to Western New York to conduct site visits at several sites in WNY, issued a final solicitation for sites, and developed several candidate sites for evaluation, of which one was the 132-acre site in Pembroke that the VA subsequently acquired.

·         In April 2013, Schumer organized a meeting at Daemen College with local veterans and VA officials to update Veterans on the VA’s timeline and in order for veterans to provide input to the VA.

·         In Sept 2013, Schumer wrote to the New York State Office of Parks, Recreation and Historic Preservation (SHPO) to urge the agency to complete an archeological cultural-resource study required in order for the VA to complete the required approvals needed to close on the purchase of the preferred Indian Falls Road site in Pembroke.

·         In May 2014, Schumer announced that the results of the archeological cultural-resource study determined a finding of “no significant impacts,” thus allowing the VA to move forward on the purchase of the preferred site on Indiana Falls Road later that month.

·         In July 2014, Schumer called on the VA to move forward on plans to acquire the adjoining 60-acre parcel that abuts the current 132-acre site. This would immediately make the cemetery nearly 50-percent larger, increase capacity, and provide better access to the cemetery for veterans’ funeral processions and visitors.

The 132-acre site on Indian Falls Road in Pembroke 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. Veterans with a qualifying discharge, their spouses, and eligible dependent children may be buried in a VA national cemetery.

Also eligible are military personnel who die on active duty, their spouses and eligible dependents. Burial benefits available for all eligible Veterans, regardless of whether they are buried in a national cemetery or a private cemetery, include a burial flag, a Presidential Memorial Certificate, and a government headstone or marker.

Schumer said more than 96,000 veterans and their families across Western New York from Rochester and the Finger Lakes Region to Buffalo deserve to have this cemetery constructed as soon as possible and without further impediments or unnecessary delays. Schumer said the VA must do its part to overcome the final impediments to this process for the benefit of veterans and their families who call Western New York home.

A copy of Senator Schumer’s letter to the U.S. Department of Veterans Affairs Secretary appears below:

Dear VA Secretary Shulkin,

I write to request that the U.S. Department of Veterans’ Affairs (VA) work to overcome a last remaining impediment to construction of the new Western New York National Veterans Cemetery. Namely, I urge you to complete the acquisition of the 60 acre and the 77 acre parcels in Pembroke, NY that are located adjacent to the existing 132 acre cemetery site purchased by the Department in 2014 and then swiftly act to begin construction this year. As you know, buried gas line work was requisite to VA’s acquisition of these parcels. I understand that this work was completed in December 2017, and I urge you to finalize these acquisitions and commit to begin the cemetery’s construction this year.

The cemetery design calls for the main entrance of the new cemetery to be built through this 60 acre parcel of land so that veterans, their families, and cemetery visitors can access the cemetery from Indian Falls Road, rather than via the busy State Route 77 corridor. Additionally, the 60 acre parcel and 77 acre parcel will greatly expand the cemetery’s operational life and enable the VA to construct a cemetery which more aligned with the Department’s initial vision for a 200-acre site. According to a timeline the Department provided to my office in June 2017, the VA aimed to begin construction approximately six months after purchase of the 60 and 77 acre parcels, followed by the opening of the early turnover area for burials a year later in 2019.

More than 96,000 veterans and their families across Western New York from Rochester and the Finger Lakes Region to Buffalo deserve to have this cemetery constructed as soon as possible without unnecessary delay. I urge you to immediately overcome the final impediments to this process for the benefit of veterans across the region. I thank you in advance for your attention to this matter and appreciate your consideration of my request.

Sincerely,

Charles E. Schumer

U.S. Senator

Pembroke's annual 'Shooting for a Cure' hits new record with $26,000 raised

By Howard B. Owens

When Toni Funke was diagnosed with cancer in 2012, the Pembroke High School girls basketball team, coached by her husband Ron Funke, was inspired to try and raise money to help fight cancer.

Shooting for a Cure! has been an annual event since and each year it gets bigger and bigger.

This year was no exception with the event raising a record $26,000, bringing the total raised since over the past six years to $87,000.

The team traveled to Roswell Cancer Institute in Buffalo today to deliver the donations.

In the game, Oakfield-Alabama beat Pembroke 51-31.

Top photo: Serene Calderon presents Toni Funke with a rose, a halftime ceremony held each year where team members present flowers to community members who have battled cancer or are currently in treatment.

Annual 'Shoot for a Cure' game in Pembroke is Thursday

By Howard B. Owens

Press release:

During the last six seasons, the Pembroke High School Girls’ Basketball Team has focused on winning — not just league games, but the battle against breast cancer. It’s a cause that is personal to the team and their school district because of the number of faculty and community members who have been affected by the disease. Yet according to Senior Captain, Olivia Kohorst, this year’s fundraiser (7 p.m., Thursday, Jan. 25th vs. Oakfield-Alabama) is particularly important as it marks the final season she will be able to play in the event.

“I was only in sixth grade when the first varsity team came up with the idea to host the first Shooting For A Cure! game in support of Toni Funke’s battle with breast cancer,” said senior Olivia Kohorst.

The team spent that inaugural season seeking support from the community and local businesses in hopes of funding research efforts at Roswell Park Cancer Institute (RPCI) in honor of Mrs. Funke.

“I remember being on the PYA team at the time with my friends. A lot of us went to that first game and I remember wearing pink and that the gym was really crowded! As a young kid, to see our community come together the way they did in support of Mrs. Funke made a lasting impression on me. I knew then that I wanted to be a part of that, part of something bigger than just me playing basketball with my friends,” Kohorst said.

“This fundraiser means more to our team every season. It gives us an opportunity to make a difference in the lives of others and it gives us greater purpose not only as student-athletes but as people. Cancer affects us all, my family included, and to be a part of a team that supports those fighting means more to me than I can express in words.

“Being a part of Shooting For A Cure! has affected me in such a positive way. Playing in this game was the highlight of each season I played basketball at Pembroke and I look forward to still being involved after I graduate.”

While the Pembroke Girls Basketball team started the Shooting For A Cure! tradition, there is one standout supporter of the event that truly makes the game special and successful year after year. Wesley Cliff, a senior at Pembroke Jr./Sr. High School, has gone above and beyond in seeking donations to support the team’s fundraising efforts this season.

Moreover, Wesley has been crucial in the implementation of this fundraiser throughout his high school career, helping in any way he can.

“His passion to help the community and all those impacted by cancer is inspiring to our entire team,” Kohorst said. “Wesley’s involvement with the Shooting For A Cure! mission started off as a behind-the-scenes role when he entered high school; however this being his senior year, he wanted to become more involved.

"He saw this as a great opportunity to give back to our school and our community. We truly value all he has done over the years to share our mission.

Wesley has recently secured donation amounts of $1,762.80 from Summit Lubricants of Batavia as well as $500 from DuPont of Buffalo, in addition to several other monetary and product donations from local area businesses.

In addition to these generous donations, the New York State Correctional Officers & Police Benevolent Association (NYSCOPBA) will again be donating an astounding $2,500 to RPCI in support of Shooting For A Cure! this season.

“Roswell Park has done incredible things for our membership," said Western Region NYSCOPBA Vice President Joe Miano. "It has helped so many of our members and their families battling cancer. We wanted to give back to Roswell Park as well as support the incredible efforts of the Pembroke Girls Basketball team.”

As a former Pembroke graduate and current resident, Miano is a firm believer in this cause.

“This group of young women, with the support of the Pembroke School District, continues to do great things for the community beyond the basketball court. It’s truly inspiring and we wanted to take this opportunity to reinforce their efforts,” Miano said.

Miano, accompanied by a few additional members, will take part in a check presentation with the team to be held prior to the varsity game.

At this time direct online donations are now being accepted in support of Shooting For A Cure! through this site: http://give.roswellpark.org/goto/ShootingForACurePGBB.

The team hopes Shooting For A Cure! will continue its tradition of topping the previous years’ fundraising total.

“All of the money raised that evening goes directly to support cancer research at Roswell Park,” sophomore Mackenna Johnson said. “Playing basketball for Pembroke is not just about trying to win games, it’s about giving back to the community and showing our support for those in need.

“My oldest sister Breanna and her teammates started Shooting For A Cure! back in 2011 in support of Mrs. Funke, and what they started has become one of the largest Team Roswell fundraising events. Last season, we raised over $20,000 in one night, it was amazing! Our community is so supportive and we truly can’t thank all of the volunteers and donors enough for all that they do to support this game."

Roswell Park has officially sanctioned Shooting For A Cure! as a Team Cure fundraiser and as a valuable example of the way that young people can make a difference.

“We continue to be impressed by the Pembroke Girls’ Basketball Team each and every season," said Alex Hoaglund, Team Roswell special events coordinator. "They push themselves, not only on the court, but off the court as well, going above and beyond for the benefit of others.

"It’s inspirational to have a group of teens who are so passionate about raising funds for cancer research at Roswell Park. These girls continue to demonstrate an incredible amount of compassion. This team is special and their community is remarkable.

"Although the players may change each season, Shooting For A Cure! has remained constant, with the girls leading the charge for six consecutive seasons. To think that they’ve has raised over $60,000 in six seasons with this game is a testament to the benevolence of the entire Pembroke community as well as this special team.”

Law and Order: Batavia man accused of stealing scrap metal

By Howard B. Owens

Thomas Allen Culver Jr., 39, of Wood Street, Batavia, is charged with petit larceny. Culver is accused of stealing and selling scrap metal from a location on Alexander Road, Batavia.

Anthony M. Quinn, 28, of 67th Street, Niagara Falls, is charged with unlawful possession of marijuana and muffler exhaust system violation. Quinn's vehicle was stopped for alleged traffic violations at 6:29 p.m. Wednesday on Route 77, Pembroke, by Deputy Andrew Mullen.

Alisa M. Schenk, 47, of Rochester, is charged with petit larceny. Schenk is accused of a theft at a location on the Tonawanda Indian Reservation at 10:42 a.m. Dec. 29. Schenk was arrested by State Police. No further details released.

Justin J. Bily, 21, of Cheektowaga, is charged with unlawful possession of marijuana. Bily was stopped by State Police at 5:34 a.m. Tuesday on the I-490 in Bergen.

Keith M. Hennard, 34, of Fillmore, is charged with driving while impaired by drugs, unsafe tires, moving from lane unsafely, and speeding. Hennard was charged by State Police following a motor vehicle accident at 5:26 p.m. Tuesday on Route 77, Pembroke. There were no injuries reported in the accident.

Owner of tiny house in Pembroke plans to turn it into a bed and breakfast

By Howard B. Owens

Heather Adams of Pembroke lived in this tiny house on wheels for a year and a half before buying a bit of land that already had a house on it so now she would like to rent it out as a bed and breakfast room during the summer.

To do that, Adams had to request a temporary use permit.

Thre's no zoning regulation locally that handles tiny houses on wheels.

"Tiny houses are their own unique thing," Adams said. "They're not an RV; they're not a mobile home. They don't really fit any codes existing at this time."

If her experiment using it for a bed and breakfast unit is successful, the Town of Pembroke may need to come up with the appropriate zoning regulation to allow its use.

Last night, the County Planning Board recommended approval of the temporary permit.

Adams said she wants to set it up as a B&B on her South Lake Road lot so more people can experience tiny house living. 

"The plan is to rent this out as little B&B so people can learn about tiny houses and try it out for themselves," Adams said. "A lot of people see is such a small space and think 'I could never live in that,' but when you see how they're set up, they are there really nice.They make a great use of space and they're really liveable."

This tiny house (pictured) is actually split level. It's 8 foot by 24 foot with 200 square feet of livable space. Adams said she liked it because the bed was on the first floor so her dogs could sleep with her.

"I lived in another tiny house previously when I lived in Alaska and only had a bed upstairs and I had a ladder," Adams said. "And so I couldn't sleep with my dogs."

The tiny house movement began years ago, Adams said, when people wanted small, unencumbered, uncluttered spaces to live in but the places where they tried to build them would run into building code issues because they were so small. So people came up with the idea of putting them on wheels and then they were unregulated.

She thinks they really meet a need for people who want to live a simpler life.

"It's simple living," Adams said, "just really simple living. You don't have a lot of stuff so you don't have to spend a lot of time cleaning, your expenses are a lot less, and you can just spend much more time enjoying life."

Law and Order: Inmate accused of possessing contraband

By Howard B. Owens

Brian Thomas Resch, 30, of Buffalo Road, Bergen, is charged with promoting prison contraband. Resch is accused of possessing Suboxone while confined in the Genesee County Jail.

Stephen Everett Pike, 21, of Big Tree Road, Pavilion, is charged with harassment, 2nd. Pike is accused of grabbing another person by the arm and pushing that person during an argument, reported at 6:28 p.m. Wednesday at an address on Big Tree Road, Pavilion.

Jeffery S. Zymowski, 54, of Sandridge Road, Alden, is charged with DWI, driving with a BAC of .08 or greater, no seat belt, and driver's view obstructed. Zymowski was stopped at 4:35 p.m. Tuesday on Broadway Road, Darien, by Deputy Kyle Krzemien.

Gregory S. Mitchell, 19, of Clarence Center, was arrested on an arrest warrant and charged with unlawful possession of marijuana. Mitchell was arrested in Pembroke by State Police. No further details released.

Michael E. Welles, 20, of Holley, is charged with unlawful possession of marijuana. Welles was stopped by State Police at Bloomington Road and State Route 77, Alabama.

William D. Annis, 36, of Batavia, is charged with conspiracy, 6th, and petit larceny, and Jeanine D. Mercado, 31, of Batavia, is charged with conspiracy, 6th, possession of burglary instruments, and petit larceny. Annis and Mercado were arrested by State Police in relation to an incident reported at 10:27 a.m. Wednesday at Kohl's Department Store.

Shed fire reported in Pembroke

By Howard B. Owens

A shed fire is reported at 8449 North Lake Road, Pembroke.

A chief on scene reports that it looks like the only thing in the shed is a motorcycle.

Pembroke fire, Indian Falls fire, and the City's Fast team dispatched.

UPDATE 5:56 a.m.: Indian Falls engine returning; in service. 

UPDATE 6:46 a.m.: All units back in service. Fire coordinators and deputies remaining in scene. 

Pembroke Fire District Board meeting schedule is set

By Billie Owens

Press release:

Here is the 2018 Board Meeting schedule for the Pembroke Fire District provided by Hiedi Librock, the district's secretary/treasurer. All meetings will take place at 7 p.m. on Thursdays at the Pembroke Fire Hall, located at 630 Main Road, Corfu, except the last meeting, on Dec. 13, which will be held at Pembroke Town Hall, 31145 Main Road, Corfu.

  • Jan. 11
  • Feb. 8
  • March 8
  • April 12
  • May 10
  • June 14
  • July 12
  • Aug. 9
  • Sept. 13
  • Oct. 11
  • Nov. 8
  • Dec. 13*

(*Dec. 13 meeting is at Pembroke Town Hall.)

Semi-truck stuck under bridge in Pembroke

By Howard B. Owens

A semi-truck is reportedly stuck under the bridge on South Lake Road, Pembroke, under the Thruway overpass.

A deputy is dispatched.

UPDATE 11:23 a.m.: A deputy on scene says the roadway is completely clear and there's no sign of damage to the bridge. He's going to check Route 5.

UPDATE 11:25 a.m.: Route 5 is clear. "No semi's stuck anywhere," a deputy reports.

Accident on Thruway in Depew tying up traffic in Genesee County

By Howard B. Owens

A traffic accident in Depew has closed the New York State Thruway in both directions and that is having an impact on traffic in Genesee County.

Besides the westbound closure from Pembroke toward Depew, Route 77 is also clogged with traffic. It sounds like there is congestion into Corfu.

The traffic camera above shows the eastbound lane blocked in Depew; however, the Pembroke exit 48 camera (below) just started showing eastbound traffic flowing through the area again while westbound traffic is still being diverted off the Thruway in Pembroke.

Rollover accident reported at Akron and Marble roads, Pembroke

By Billie Owens

A rollover accident with possible serious injuries is reported at the intersection of Akron and Marble roads, Pembroke. Pembroke and Indian Falls fire departments are responding along with Mercy medic #4. Mutual aid from Akron Fire Department is also requested to the scene.

UPDATE 10:45 a.m.: One person is injured. An ambulance is on scene.

UPDATE 10:46 a.m.: Extrication is needed.

UPDATE 10:49 a.m.: A first responder at the scene says there are two vehicles involved and two tows will be needed. One is on its side down in a ditch; the female driver, who requires extrication, is conscious and alert.

UPDATE 10:53 a.m.: Law enforcement is on scene.

UPDATE 10:59 a.m.: Patient being transported to UMMC.

UPDATE 11 a.m.: Pembroke assignment back in service.

Pembroke wins in OT, 66-44

By Howard B. Owens

Pembroke pulled out a narrow win Friday night in overtime over Charter School for Applied Technologies in boys basketball.

The final, 66-64.

Jamil Marable scored 22 points for the Dragons. Ethan Stone, 16, Lucas Kohurst, 11, and Reid Miano, 9.

Top scorer for CSAT was Devin Ashley with 21 points.

Photos by Destin Danser.

For more photos and to purchase prints, click here.

Odor of fuel in the building at Flying J, Pembroke

By Howard B. Owens

An odor of fuel is reported in the building of the Flying J travel plaza in Pembroke.

The building was supposed to be evacuated, but a chief on scene reports the building is not evacuated.

Pembroke and Indian Falls fire departments responding.

UPDATE 7:41 a.m.: Newstead fire requested to the scene to help with roof access.

UPDATE 7:41 a.m.: Code enforcement also requested to the scene. Building is evacuated.

UPDATE 7:50 a.m.: Units on the road can continue response, all others can remain in quarters.

UPDATE 7:53 a.m.: A chief reports no issues found. No sign of fire. He suspects diesel fuel getting sucked in by vents was the cause.

Youth from Pembroke enjoy night of basketball at UB

By Howard B. Owens

Members of the basketball program with the Pembroke Youth Association showed "horns up" for UB men's basketball at Alumni Arena in Buffalo on Thursday night.

The kids got a chance to see a great Division I basketball game (the Bulls beat NJIT 86-81 in overtime) as a group outing.

(I attended the game and when one of the girls with the group won "Fan of the Game" during the second half, I noticed the Pembroke jersey and decided to get a picture of the group at the game. The kids were clearly having a blast.)

'I believe her' Judge Zambito tells sexual abuser before sending him to prison for 15 years

By Howard B. Owens

David K. Atkinson abuses women and the risk is great that he's beyond rehabilitation, Judge Charles Zambito decided in Genesee County Court this afternoon as he sent Atkinson to state prison for 15 years.

His victim, a former Pembroke resident, said only a sentence of 10 to 15 years could help her feel safe, though she fears her life will never be as good as it was before Atkinson attacked her, threatened her with a claw hammer and forced her to perform oral sex on him while he live-streamed it to another man in Darien.

She said her life is filled with fear and anxiety. She can't return to the house where she lived, even though she's still paying the mortgage, and she suffers from PTSD (Post-traumatic Stress Syndrome) and frequent nightmares.

"I can't stop imagining David breaking into my house despite the doors being locked," she said. "I can picture him chasing me down in my house and beating me. I picture him beating and killing my children. I picture him raping and killing me. I don't feel safe no matter how many counseling sessions I go to. I can't escape the nightmares."

The 39-year-old Atkinson was found guilty following a jury trial in August of criminal sexual act in the first degree.

He testified at his own trial and denied all of the woman's allegations. He didn't deny the sex act. He said it was consensual and described it as "make-up sex" after an argument because he found text messages on the woman's phone to another man -- the man in Darien.

By this time, the woman and Atkinson had long been out of a relationship and Atkinson supposedly had another girlfriend, but he said he and the victim continued to have a casual sexual relationship, which he said was proof that he didn't force her into a sex act.

During the trial, there was a woman who sat in the front row as a supporter of Atkinson.

After the trial, Atkinson was released on bond and he traveled to North Carolina with the woman. His sentencing was scheduled for Nov. 21 but he missed that court date.

On that date, he was in jail in North Carolina for allegedly strangling the woman who had been his ally during the trial.

A common thread between the North Carolina incident and the attack on the woman locally: An empty bottle of Evan Williams bourbon was found at both scenes, said Robert Zickl, assistant district attorney.

Atkinson also has a prior misdemeanor conviction, from 2013, for abusing his first wife in Erie County.

The victim, in this case, described Atkinson as charming and that he seemed like a dream come true when they first met.

She said she was feeling good about her life when they met. She was four years clean after overcoming an addiction and adjusting to life as a single mother. She had a good job, had bought a house and was making her mortgage payments.

She let Atkinson move in with her and soon the trouble started. First, he refused to work. He wasn't contributing at all financially to the household. Then, she said, he starting insulting her and the kids. 

When she tried to get him to move out, he threatened her and threatened to damage her house and her belongings.

"I felt trapped and didn't know what to do," she said.

Then Atkinson found a new girlfriend and the woman thought that would solve her problems. It didn't. Atkinson didn't leave.

One night he scrolled through the messages on a mobile phone and found a non-romantic conversation between the woman and the man in Darien. That started a fight and eventually the forced, live-streamed sex act over messaging.

"I miss the way my life was before that night," the woman told Zambito.

A 10- to 15-year sentence might not only help her find some peace of mind, she said, but it would also protect other women.

"You can save other women before another woman becomes another victim," she said. "Please help save another woman from becoming a victim of David Atkinson."

Zickl opened his statement to Zambito with, "I don't know when (the victim) wrote her statement, but it could be considered prophetic." 

He then described the alleged attack and arrest of Atkinson in North Carolina.

Zickl sought the maximum term for Atkinson of 20 to 25 years. He noted that a sentence, in this case, was neither for rehabilitation nor for deterrence. Clearly, he said, deterrence wouldn't work in this case because he already attacked another woman.

"He did that knowing you would hear about it and it would affect his sentence in this court," Zickl told Zambito.

Atkinson made no statement in court.

Zambito presided over the trial in August and remembered the defendant's denials.

"I heard the testimony," Zambito said. "I also heard from the victim about your brutality and the significant affect it had on her. It doesn't need to be recited here again. You claimed it was consensual. You blamed it all on her. This happened, you said, because she was unfaithful to you. You portrayed yourself as the victim. That's perhaps the most disturbing thing here. You testified, and the jury didn't believe you and I don't believe you either. I believe her."

Pembroke Girls Basketball Team will be 'Shooting for a Cure' Jan. 25

By Billie Owens

Submitted photo and press release:

During the last six seasons, the Pembroke High School Girls’ Basketball Team has focused on winning—not just league games, but the battle against breast cancer. It’s a cause that is personal to the team and their school district because of the number of faculty and community members who have been affected by the disease.

Yet according to Senior Captain, Olivia Kohorst, this year’s fundraiser -- 7 p.m., Thursday, Jan. 25, Pembroke vs. Oakfield-Alabama (at Pembroke) -- is particularly important as it marks the final season she will be able to play in the event.

“I was only in sixth grade when the first varsity team came up with the idea to host the first Shooting For A Cure! game in support of Toni Funke’s battle with breast cancer,” said senior Olivia Kohorst.

The team spent that inaugural season seeking support from the community and local businesses in hopes of funding research efforts at Roswell Park Cancer Institute (RPCI) in honor of Mrs. Funke.

“I remember being on the PYA team at the time with my friends. A lot of us went to that first game and I remember wearing pink and that the gym was really crowded! As a young kid, to see our community come together the way they did in support of Mrs. Funke made a lasting impression on me. I knew then that I wanted to be a part of that, part of something bigger than just me playing basketball with my friends,” Kohorst said.

“This fundraiser means more to our team every season.  It gives us an opportunity to make a difference in the lives of others and it gives us greater purpose not only as student-athletes but as people. Cancer affects us all, my family included, and to be a part of a team that supports those fighting means more to me than I can express in words..

"Being a part of Shooting For A Cure! has affected me in such a positive way. Playing in this game was the highlight of each season I played basketball at Pembroke and I look forward to still being involved after I graduate.”

The 2017-2018 Shooting For A Cure! donors list numbers more than 70 merchants and individuals including ADPRO Sports, AdWorks, Batavia Country Club, Batavia’s Original Pizzeria, the Buffalo Bills, Buffalo Sabres, Buffalo Bandits, Buffalo Bisons, Courage of Carly Foundation, Chef’s, Dave & Adam’s Card World, DuPont, Insty-Prints, M&T Bank, Original Pizza Logs, Pembroke Youth Association, Terry Hills, Yancey’s Fancy and the YMCA to name a few.

Many of the product donations will become game night auction baskets and raffle prizes. Monies will also be raised from apparel sales and food sales with the generous support of local pizzerias and vending companies. Additionally, the Roswell Park Alliance Foundation has revamped their online platform and developed a Team Roswell site.

Direct online donations are now being accepted in support of Shooting For A Cure! at: http://give.roswellpark.org/goto/ShootingForACurePGBB.

The team hopes Shooting For A Cure! will continue its tradition of topping the previous years’ fundraising total.

“All of the money raised that evening goes directly to support cancer research at Roswell Park,” sophomore Mackenna Johnson said. “Playing basketball for Pembroke is not just about trying to win games, it’s about giving back to the community and showing our support for those in need.

"My oldest sister Breanna and her teammates started Shooting For A Cure! back in 2011 in support of Mrs. Funke, and what they started has become one of the largest Team Roswell fundraising events. Last season, we raised over $20,000 in one night, it was amazing! Our community is so supportive and we truly can’t thank all of the volunteers and donors enough for all that they do to support this game."

Roswell Park has officially sanctioned Shooting For A Cure! as a Team Cure fundraiser and as a valuable example of the way that young people can make a difference. “We continue to be impressed by the Pembroke Girls’ Basketball Team each and every season. They push themselves, not only on the court, but off the court as well, going above and beyond for the benefit of others.

It’s inspirational to have a group of teens who are so passionate about raising funds for cancer research at Roswell Park.These girls continue to demonstrate an incredible amount of compassion,” said Alex Hoaglund, Team Roswell special events coordinator. “This team is special and their community is remarkable.

"Although the players may change each season, Shooting For A Cure! has remained constant, with the girls leading the charge for six consecutive seasons. To think that they’ve has raised over $60,000 in six seasons with this game is a testament to the benevolence of the entire Pembroke community as well as this special team.”

For more information go to:  Facebook, https://www.facebook.com/PemGBBPinkGame/

                                              Twitter, https://twitter.com/pemgbb_pinkgame

                                              Pinterest, https://www.pinterest.com/shooting4acure/

                                              Team Roswell, http://give.roswellpark.org/goto/ShootingForACurePGBB

ABOUT PEMBROKE HIGH SCHOOL GIRLS’ VARSITY BASKETBALL TEAM: The Pembroke High School Girls’ Varsity Basketball Team is comprised of nine outstanding girls, ages 14 to 17. Their 2017-2018 captains are Olivia Kohorst, Sam Ianni, Mackenna Johnson, Mackenzie Jurek and Casey Wurtz. They are coached by Ron Funke. Team colors are green and black and their nickname is Dragons. The team began Shooting For A Cure! as an annual event in 2011, and they are committed to the hard work and dedication it will take to win the battle against breast cancer.

ABOUT ROSWELL PARK CANCER INSTITUTE: RPCI is among the first and only upstate New York facility to hold the National Cancer Institute designation of "comprehensive cancer center" and to serve as a member of the prestigious National Comprehensive Cancer Network. Many RPCI faculty serve on the NCCN panels that create the Clinical Practice Guidelines in Oncology™ — the internationally recognized standards for clinical policy in oncology, and the most comprehensive, most frequently updated clinical practice guidelines available in any area of medicine.

The RCPI campus spans 25 acres in downtown Buffalo and consists of 15 buildings with about 1.6 million square feet of space. A new hospital building, completed in 1998, houses a comprehensive diagnostic and treatment center. In addition, the Institute built a new medical research complex and renovated existing education and research space to support its future growth and expansion. www.roswellpark.org.

Pembroke toll booth employee suffers electrical shock

By Howard B. Owens

An ambulance has been dispatched to the toll booths on the New York State Thruway in Pembroke for an employee who has reportedly suffered an electrical shock.

No word on the extent of injuries, if any.

Pembroke and Indian Falls fire departments also responding.

UPDATE 3:11 p.m.: The patient suffered minor burns on her fingers and was transported to ECMC. She was plugging something in to an electric outlet when she was shocked. 

Law and Order: Oak Street resident charged with robbery

By Howard B. Owens

James J. Spivey, 19, of Oak Street, Batavia, is charged with robbery, 2nd. Spivey is accused of forcefully taking property from another person at 2:25 p.m., Oct. 25, while on Park Avenue, Batavia. He was jailed without bail.

William G. Schultz, 43, of Evans Street, Batavia, is charged with criminal possession of stolen property, 5th. Schultz was allegedly found in possession of stolen property -- the property is not specified -- while at 1 W. Main St., Batavia. The original incident was reported at 11:46 p.m. Oct. 6 at a residence on Union Street, Batavia. Schultz was jailed on $2,500 bail.

Cameron Robert Lochren, 23, of Broadway Road, Darien, is charged while driving while ability impaired by drugs, driving without headlines, and driver's view obstructed. Lochren was stopped at 12:58 a.m. Friday on Railroad Street, Alexander, by Deputy Patrick Reeves. Lochren was jailed on $1,250 bail or $2,500 bond.

Robert David Cummings III, 31, of Akron Road, Pembroke, is charged with criminal mischief, 4th. Cummings is accused of damaging the property of another person at 3 p.m. Friday at a location on Phelps Road, Pembroke. 

Amie Lin Santiago, 31, of Hindsburg Road, Albion, is charged with unlawful possession of marijuana. Santiago was stopped for an alleged traffic violation at 1:47 a.m. Saturday on Roberts Road, Alabama, by Deputy Jeremy McClellan.

Alex A. Applegate, 21, of Upper Holley Road, Holley, is charged with DWI and moving from lane unsafely. Applegate was charged following an investigation into a motor-vehicle accident Saturday on Route 237 in Byron. The accident was investigated by Deputy Travis DeMuth.

Gerald Jacob Farrell, 24, of Nunda-Byersville Road, Nunda, is charged with DWI, driving with a BAC of .08 or more, and failure to keep right. Farrell was stopped at 12:28 a.m. Sunday on Ellicott Street Road, Bethany, by Deputy Jeremy McClellan. 

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