pembroke

A 10-year-old child from China who was struck by a car last night on Route 77 by the Flying-J is listed in critical condition at Women and Children's Hospital, according to the Sheriff's Office.

The child, whose name has not been released, remains in the Intensive Care Unit.

The accident was reported at 8:17 p.m. after the child reportedly failed to yield the right-of-way to oncoming traffic.

No charges were filed against the driver whose car struck the child.

A 10-year-old boy from Kunming, China, was seriously injured last night after being hit by a car on Route 77 in front of the Flying J Travel Plaza in Pembroke.

Investigators say the child tried crossing the road without yielding the right of way to cross traffic at 8:17 p.m.

He was hit by 2008 Hyundai Santa Fe driven by Kenneth R. Paulter, 62, of Lancaster.

The boy was taken by Mercy Flight to Women and Children's Hospital in Buffalo.

Paulter was not injured and no charges have been filed as a result of the accident.

The accident was investigated by Deputy Rachel Diehl and members of the Genesee County Sheriff's Office. Assisting at the scene were the Pembroke Fire Department, Indian Falls Fire Department, Corfu Fire Department and Mercy EMS.

(Initial Post)

A car vs. pedestrian accident is reported on Route 77 in front of the Flying J Travel Plaza, Pembroke. 

Pembroke fire and Indian Falls fire along with Mercy EMS are responding. 

Mercy Flight also dispatched. 

Corfu fire requested to shutdown all northbound traffic at Route 5.

UPDATE 8:26 p.m.: Southbound traffic shutdown at the interchange. 

UPDATE 8:30 p.m.: ETA for Mercy Flight #5 out of Batavia is six to eight minutes. Landing zone at the Town Hall. 

UPDATE 8:36 p.m.: Mercy Flight on the ground. 

UPDATE 8:58 p.m.: Mercy Flight in the air. Flying to Women and Children's Hospital in Buffalo. Road reopened. Pembroke and Indian Falls back in service. 

A trial that Judge Charles Zambito expected to last four days stretched into a fifth day today with two-and-a-half hours of closing arguments by the two attorneys before the jury was given a chance to deliberate.

Deliberations didn't last long and David K. Atkinson was convicted of criminal sexual act in the first degree.

Atkinson was on trial for forcing a woman he was living with into performing oral sex on him.

It was an act he recorded live and streamed for a man living in Darien whom he apparently suspected of getting involved with the woman. This was apparently supposed to show the Darien man that the woman was still with Atkinson and staying with him.

Jamie Walsh, an attorney with the Public Defender's Office, represented Atkinson and argued that the sexual act was entirely consensual and that Atkinson and the woman had been cuddling before she agreed to perform the act and that she took her shirt off.

The incident started after Atkinson found text messages on the woman's phone between the woman and the man in Darien. This act was supposedly "makeup sex."

There was disagreement between the defense and the prosecution as to how a mobile phone came to be destroyed by a clawhammer and how Atkinson's guitar came to be used as a weapon against the television set in the residence.

Assistant District Attorney Robert Zickl said there was nothing about the event that suggested it was consensual, that the woman felt threatened and forced to perform the act. He said although the video is dark, the woman clearly still had her shirt on, and the language of Atkinson hardly fits his definition of "romantic." Besides, Zickl noted, it seemed odd that a man who claimed he had just been cuddling with his woman and was now getting a consensual and romantic sexual favor, still had his boots on and his pants buckled.

An attempt by Scott F. Doll to get his 2010 murder conviction overturned has hit a final state-level roadblock, with New York's Court of Appeals turning down a request for either a hearing or a new trial based on Doll's lack of legal right to seek the appeal.

An attorney for Doll, Timothy Murphy, argued in January 2016, before Interim County Court Judge Micheal Pietruszka, that his client should get a new trial because of what he believed was a mishandling of fingernail scrapings from the murder victim, Joseph Benaquist, and the possibility of third-party blood DNA on one of the boots of Benaquist.

Pietruszka denied the appeal and Murphy appealed to the Fourth Department of the New York Court of Appeals and a judge there ruled that the department wouldn't hear the appeal or grant a new trial.

Today, a judge with the state's Court of Appeals issued a ruling that said Doll was asking for an appeal on issues that were not appealable. 

For previous Scott Doll coverage, click here.

A two-car accident with entrapment and injuries is reported on Route 77 in front of the Flying J, Pembroke.

Pembroke fire and Indian Falls fire dispatched.

Two ambulances requested to the scene.

UPDATE 11:12 p.m.: Two people entrapped, including the driver. The other in a backseat. All other occupants out of the vehicles.

UPDATE 11:15 p.m.: Ambulance from Darien requested, non-emergency.

UPDATE 11:26 p.m.: First patient extricated.

UPDATE 11:27 p.m.: Second patient extricated.

Edward Joseph Stabell, 23, of Meiser Road, Corfu, is charged with trespass. Stabell is accused of trespassing at a location on Gilmore Road, Pembroke.

Scott Douglas MacPherson, 58, of Transit Road, Pavilion, is charged with DWI, driving with a BAC of .08 or greater, speeding, and insufficient tail lamps. MacPherson was stopped on Lake Street Road, Le Roy, at 9:14 p.m. Sunday by Deputy Ryan DeLong.

Two older men, one in a red shirt and one in a gray or brown shirt, are reportedly in the parking lot of Flying J in Pembroke selling laptop boxes that contain only newspapers for $100.

Law enforcement is responding.

A Sheriff's deputy is responding to the Town of Pembroke for a complaint about the possible burning of trash. The address is 2473 Genesee St., near Read Road.

A neighbor suspects garbage is being burned, and has been smoldering for the entire weekend, "based on the odor and the ashes that are scattered all over the properties."

A 37-year-old Corfu resident was flown by Mercy Flight to ECMC yesterday morning after her car struck a parked construction trailer on Hopkins Road, Pembroke, at 8:18 a.m.

The trailer was parked partially in the roadway and it may have been difficult for Lori Schwab to see in the early morning sun as she came over a rise in a hill, according to investigators.

She was driving a 2009 Chevy sedan.

The trailer is registered to B&B Paving and Excavating, of Middleport. It wasn't attached to another vehicle at the time of the accident.

The owner was cited for alleged parking or standing on a main traveled paved roadway.

The accident was investigated by Deputy Kevin McCarthy.

Photo: By Alecia Kaus/Video News Service.

A  motor-vehicle accident with injuries is reported on the area of 8015 Hopkins Road, Pembroke.

Pembroke fire and Indian Falls fire, with Mercy EMS, dispatched.

The roadway is blocked.

One patient is on the ground, on the lawn. A chief is asking for the availability of Mercy Flight.

UPDATE 8:28 a.m.: Mercy Flight requested to the scene.

Photo submitted by Jason Ball. Article by Jason Ball.

Champions!!!! Is the new title for a group of Pembroke baseball players who won the annual 10U Nunda baseball tournament this Sunday in Nunda.

The tournament was composed of seven teams Pembroke, Arkport, Campbell, Nunda, Letchworth, Perry and Wayland.

The tournament started on Tuesday night with Pembroke facing off against Nunda.  

Nunda took the first game 16-10.

"It was a good tough fought game, our team grinded back but we came up short," said Jason Ball, head coach of the Dragons. "My assistants Jason Hootman, Jeff Abbatiello and I made a few changes stayed positive with our players and kept at it. Our team is resilient, and we believe we work harder than anyone out there and it shows on days like this."

The Dragons went on to beat Letchworth 8-4 in the next round and tied with them for first place in their pool.

Nunda, Letchworth, and Pembroke were all tied 1-1.

Nunda had 26 runs against Letchworth and Pembroke each had 20 runs against; a coin flip would decide the #1 seed and Pembroke won.

Ready to battle into the semifinals, Pembroke would take on #2 seed Campbell and come out victorious in a 6-3 final.

The Championship game would be decided Sunday between Pembroke and Perry.

"It was a fantastic game," Ball said. "Our boys came right out in the first inning and put two runs on the board and never looked back."

The Dragons won the matchup 10-4 to take the trophy back to their hometown.

"As a tournament coach, you have to ask yourself 'what is our goal?' Ours originally was to just get experience, then we were competitive, then we won. What more can you ask for from 9- and 10-year-old kids? These are a fantastic group of kids and the great thing about this team is there is only three 10-year-olds so our team is young and hungry for the game. Two of our 10-year-olds were the ace pitchers of the tournament."

Owen Hootman and Evan Schwerthoffer each pitched 12 innings in the tournament and combined for an impressive total of 55 strikeouts.

"These two boys have been our pitchers for the last two years and have worked very hard at their craft to be this successful," Bell said.

Kylan Ball led the way at the plate with eight hits .667 average, five RBIs, seven stolen bases, eight runs scored and four doubles.

"Our boys brought out the bats," Ball said.

Trey Newton had three extra base hits and hit .600. Anthony Abbatiello had seven hits, for a .467 average. Aiden Baldulf, Owen Hootman, and Evan Schwerthoffer all hit over .400.

The Pembroke team: Head Coach Jason Ball, assistant coaches Jason Hootman and Jeff Abbatiello, Players: Trey Newton, Kylan Ball, Owen Hootman, Evan Schwerthoffer, Anthony Abbatiello, Nolan Ball, Owen Shultz, Aiden Balduf, Brien Tyoe, Jayden Bridge, Landen Santini and Dylan Vaughn. 

Patrick D. Moore, 39, of Strouts Road, Elba, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Moore is accused of selling crack cocaine on two occasions to an agent of the Local Drug Task Force. Moore was held in the Genesee County Jail pending an arraignment today.

Mark David Humel, 25, of Main Road, Pembroke, is charged with assault, 3rd. Humel was arrested in connection with an unspecified incident in the Town of Pembroke, on Gilmore Road, at 11 p.m., July 14.

Michael Thomas Coffey Sr., 48, of South Main Street, Albion, is charged with burglary, 2nd. Coffey was arrested following an investigation into a burglary on Batavia-Oakfield Townline Road in 2012. Coffey is already being held in the Genesee County Jail on unrelated charges.

Michelle Ann Hahn, 53, of Gibson Street, Oakfield, is charged with: DWI; driving with a BAC of .08 or greater; failure to keep right; failure to stop at stop sign; and refusal to take breath test. Hahn was stopped at 10:25 p.m. Tuesday on North Pembroke Road, Pembroke, by Deputy Ryan Young.

Bryan D. Bates Jr., 37, of West Main Street, Batavia, is charged with criminal contempt, 2nd, and Andrea Gray, 39, of Lake Street, Le Roy, is charged with falsely reporting an incident, 3rd. The charges stem from a domestic disturbance July 1 at a residence on Lake Street, Le Roy. Bates was allegedly violating a stay away order issued out of Batavia City Court. He was jailed in lieu of an unspecified amount of bail. Gray allegedly falsely reported to a neighbor that Bates had committed suicide, causing the neighbor to call 9-1-1. Gray was also jailed on an unspecified amount of bail.

Kevin William Dart, 59, of Transit Road, Elba, is charged with unlawfully dealing with a child. Dart allegedly allowed people under age 21 to consume alcohol during a party at his house.

Todd Alan Kendall, 54, of Main Road, Stafford, is charged with harassment, 2nd. Kendall allegedly struck another person in an incident reported at 5:56 a.m. Monday at a location on Main Road, Stafford.

Susan Ann Minardo, 28, of Shelby Road, Kings Mountain, N.C., was arrested as a fugitive from justice. During an investigation by Deputy Chad Cummings of a call at the TA Travel Center in Pembroke, Minardo was located and identified as the subject of a warrant out of Pennsylvania. Minardo was jailed without bail.

Christopher James Draper, 46, of West Main Street, Batavia, is charged with trespass. Draper allegedly entered Rite Aid on West Main Street Road, Batavia, after being previously advised he was not allowed on the property.

The All-Greater Rochester spring sports standouts were announced today and five Genesee County athletes made first team in their respective sports:

• Anthony Ray Jr., Batavia, Track and Field
• Brandon Burke, Byron-Bergen, Track and Field
• Kilian Lewis, Pembroke, Track and Field
• Kiaya Franklin, Batavia, Track and Field
• Casey Radka, Batavia, Baseball

For more information on the athletes and a list of honorable mentions in each league, visit the Democrat and Chronicle's website.

Bailey A. Kennedy, 20, of 85 Wolcott St., Le Roy, is charged with criminal possession of a controlled substance, 3rd, unlawful possession of marijuana, and criminal use of drug paraphernalia. Bailey was stopped by Le Roy PD at 1:42 a.m. Sunday for an alleged traffic violation on Myrtle Street. During the stop, Kennedy was allegedly found in possession of 13 small baggies of cocaine and drug paraphernalia. Kennedy was jailed on $2,500 bail or $5,000 bond.

Timothy Fredrick Hughes, 55, of Burbank Drive, Orchard Park, is charged with DWI, refusal to take breath test, speeding, failure to signal, and unsafe passing. Hughes was stopped at 11 p.m. Sunday on Bennet Road, Darien, by Deputy Jeremy McClellan.

Nicholas Ryan Dorson, 30, of Reed Road, Olean, is charged with DWI and driving with a BAC of .08 or greater. Dorson is accused of driving drunk in the Darien Lake Performing Arts Center at 6:32 p.m. Sunday prior to the Zac Brown concert, when Dorson's vehicle struck another vehicle. Dorson allegedly registered a BAC of .13 percent.  The incident was investigated by Deputy Travis DeMuth.

Brian J. Hart, 33, of Lakeshore Road, Kent, is charged with DWI, driving with a BAC of .08 percent or greater, and moved from lane unsafely. Hart was arrested after an investigation into a report of a vehicle off the roadway on Richley Road at 12:57 a.m. today by Deputy Howard Wilson.

Justin C. Holtfoth, 43, of South Main Street, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Holtfoth was stopped at 6:25 p.m. Friday on Lewiston Road, Alabama, by Deputy Jeremy McClellan.

Keith Adam Lowery, 47, of Clipnock Road, Bethany, is charged with assault, 2nd, and criminal mischief, 4th. Lowery is accused of kicking another person, breaking one of her ribs. He also allegedly through the victim's phone out of the trailer window when she wanted to call 9-1-1. Lowery was jailed without bail.

Carlene Victoria Santiago, 28, of Cherry Street, Batavia, is charged with falsifying business records, 1st, and petit larceny. Santiago is accused of making fraudulent gift cards at Walmart and using them at the store.

Timothy Micheal Weinstein, 45, of Alleghany Road, Darien, is charged with criminal contempt, 1st. Weinstein allegedly violated at stay away order by sending text messages to the protected party. He was jailed on $7,500 bail or $15,000 bond.

Tyler William Reeves, 19, of Main Road, Pembroke, is charged with petit larceny. Reeves allegedly stole property while at a residence in Pembroke. He is accused of stealing two camera lenses and a stereo with a total value of $475. He was jailed on $750 bail.

Through Gov. Andrew Cuomo’s BRIDGE NY program, Genesee County received two grants to rebuild two local bridges in Pembroke and Byron.

According to the governor’s website, the state is making $200 million available in enhanced assistance for local governments to rehabilitate and replace bridges and culverts statewide.

The Pratt Road bridge over Tonawanda Creek in Pembroke was structurally red flagged and load posted for 5 tons.

Highway Superintendent Tim Hens said the bridge over Tonawanda Creek is one of the top bridges in terms of need for replacement.

“It’s not a high-volume road,” Hens said. “But it is a key connector.”

The bridge replacement will be $178,000, with 95 percent being federally funded. 

The Searles Road bridge over Spring Creek in Byron will also be replaced.

Hens said the capital project established would amount to $133,000 for the Searles Road bridge, with 95 percent being federally funded.

This fall they will go through the design process and both bridges should be ready for construction in 2018.

“By time the state executes their part of the grant, the clock starts ticking,” Hens said. “We have to have the bridge under construction in 18 months.”

Two motorcyclists were reportedly traveling at a high rate of speed eastbound on Route 5 in Pembroke and disregarded law enforcement attempts to pull them over. They "blew through the light at (Route) 77," one continued on and the other made a right turn to go southbound on 77. Law enforcement is continuing the pursuit.

Angela Marie Bodekor, 30, of South Lake Road, Corfu, is charged with: aggravated DWI -- a BAC of .18 percent or higher; DWI; refusal to take a prescreen breath test -- roadside; open container of alcohol in vehicle; leaving the scene of a property damage accident; and unreasonable speed. On June 15, following the investigation of a motor-vehicle accident at 950 Sliker Road in the Town of Pembroke, Bodekor was arrested on the charges listed. She was issued an appearance ticket for Pembroke Town Court and is due there on Aug. 1. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Sgt. Jason Saile.

Amy L. Wolfe, 42, of Auburn Ave., Rochester, is charged with criminal possession of a controlled substance and possession of a hypodermic needle. She wass arrested on Federal Drive in Batavia at 7:28 a.m. on June 16 following a complaint at a local hotel. She was allegedly found to be in possession of several hypodermic needles and what appeared to be heroin. She was issued appearance tickets to appear in Town of Batavia Court on July 27. The case was handled by Genesee County Sheriff's Deputy Andrew Hale, assisted by Deputy Lonnie Nati.

Jason W. Whitehead Jr., 19, of Skyline Drive, Penn Yan, is charged with endangering the welfare of a minor, a Class A misdemeanor, and unlawful possession of marijuana. Whitehead was arrested on Thursday afternoon, June 15, by members of the Genesee County Drug Enforcement Task Force following an investigation in the area of 4 MacArthur Drive in the City of Batavia. He was allegedly found to be in possession of marijuana and further investigation allegedly revealed that he provided marijuana to a person less than 17 years old. The defendant was issued an appearance ticket for June 27 in Batavia City Court.