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Serious injury accident reported on Thruway

By Howard B. Owens

An accident with possible serious injuries is reported on the Thruway in the area of mile marker 404. 

The call came from a tollbooth operator. 

A Thruway vehicle is involved; the injury is in the second vehicle. 

Pembroke and Indian Falls fire along with Mercy EMS responding. 

UPDATE 3:58 a.m.: Mercy Flight out of Batavia is only available for eastbound flights at this time. Dispatch on availability of Mercy Flight out of Buffalo. 

UPDATE 4:09 a.m.: All eastbound traffic being blocked. CPR in progress. 

UPDATE 4:18 a.m.: Mercy Flight can stand down. 

UPDATE 5:50 a.m.: We have no further information at this time. The accident is under investigation, according to State Police.

Sponsored Post: Pembroke Soccer Club sign-up deadline is Feb. 15th!

By Lisa Ace

Looking for an opportunity for your son or daughter to play travel soccer locally? Pembroke Soccer Club is accepting registrations for girls and boys, ages 10-19. You can register online!! Click here to sign up now, teams are filling up quick! Come play in a high energy, competitive league with quality coaches. Your son or daughter will have fun and develop the fundamental skills that will push them to the next level. Registration deadline is February 15th!!! Visit us online: www.pembrokesoccerclub.com or e-mail: Pembrokesoccerclub@gmail.com

Attorney files motion arguing Scott Doll didn't get a fair trial for 2009 murder

By Howard B. Owens

An attorney representing Scott F. Doll has filed a motion to vacate the former Corfu resident's 2010 murder conviction on the grounds that Doll's rights were violated the night of his arrest and his trial counsel's failure to raise the issue of specific rights being violated constituted inadequate representation.

Timothy Murphy is also asking for DNA testing on fingernail scrapings from the victim, Joseph Benaquist, a former coworker of Doll's and occasional partner in a used car business.

Murphy argues in a 22-page motion that there was no probable cause to detain Doll for more than three hours the night of the murder and then later transport him to the Sheriff's Office for further questioning.

Doll previously lost an appeal over the police interrogation, despite the fact he was never read his Miranda warnings, under a legal theory known as the "emergency doctrine," which allows police questioning if they believe a person's life may be in danger.

The night of Feb. 19, 2009, emergency dispatchers received a call about a suspicious condition on North Lake Road, Pembroke. 

Deputy James Diehl responded to the scene and located Doll walking on North Lake Road in overalls and carrying a tire jack in one hand.  

When Diehl approached, he noticed that Doll's overalls were covered in blood.

At one point, Doll claimed it was blood from a deer he had recently butchered.

At the time, there was no missing person report on Benaquist and his body wouldn't be found for another four and a half hours.

In arguing for the emergency doctrine exception for questioning Doll on North Lake Road and later at the Sheriff's Office, the prosecution contended that deputies and investigators found the blood suspicious and Doll's inconsistent statements troubling.

They suspected a crime had been committed and that perhaps a victim was still alive and in need of assistance, thereby justifying trying to get information out of Doll that might lead them to a victim.

Murphy argues that in rejecting Doll's appeal on those grounds, the Appeals Court found that there was no probable cause for taking Doll into custody and then transporting Doll to the Sheriff's Office.

There is prior case law that prohibits both actions without probable cause, according to Murphy's motion.

Detaining Doll for three hours at the scene exceeds the police's authority to "stop and frisk" a person under suspicious circumstances, Murphy argues.

The failure of Doll's defense counsel, led by nationally renowned defense attorney Paul Cambria, and assisted by Daniel Killelea, to object during the trial stage to the custody and transport of Doll constitutes a procedural error that compromised Doll's right to a fair trial.

Assistant District Attorney Will Zickl has written a response, but it has not yet been filed with the court, so it's not yet a public document. 

A hearing on the motion was scheduled for this morning, but was postponed to March 10 to give Murphy more time to read and respond to Zickl's answer.

For previous coverage of Scott Doll, click here.

Structure fire reported on Main Road, Pembroke

By Billie Owens

Wires are reportedly burning inside the wall of a house at 182 Main Road, Pembroke. The city's fast team, Pembroke and Indian Falls fire departments are to respond along with East Pembroke.

UPDATE 10:37 a.m.: Fire police are to shut down traffic at Route 5 and Main Road.

UPDATE 11:45 a.m.: Fire is out. Remaining units are preparing to clear the scene. Road is reopened. National Grid is notified as well as the tenants, who were not home.

National Grid awards $350K in grants for Yancey's Fancy expansion

By Howard B. Owens

Press release: 

National Grid has awarded grants of up to $350,000 to support improvements in Yancey’s Fancy current manufacturing operations, and the construction of a new, 112,000-square-foot cheese manufacturing, packaging, warehousing and distribution facility. The new site will be built on 12 acres in the Buffalo East Technology Park in Pembroke.

The new facility has a capital investment of $20.6 million, will create approximately 50 new jobs, and retain 100 existing jobs. It is expected to officially open next month. National Grid will provide up to $250,000 toward electric infrastructure costs.

A second grant of up to $100,000 is available to assist with the design of advanced technology to manage the whey by-product that is generated through the cheese-making process. That will be part of a 3,500-square-foot expansion of its current operations at 857 Main Road in Corfu. The new system will allow for more efficient processing of the whey, which is used as a common food additive and for animal feed production. The project requires an upgrade of the current electric service to meet new demand. The $2.64 million project will create 17 new jobs and retain 30 jobs.

“Yancey’s Fancy is a thriving local company that is creating jobs and a strong brand here in Western New York and across the country,” said Dennis Elsenbeck, regional executive for National Grid in Western New York. “Genesee County continues to be a model for economic development through its collaborative approach to creating a positive climate for businesses to grow and expand, like Yancey’s Fancy.”

“National Grid has been a great partner through the years in our economic development efforts,” said Steve Hyde, president and CEO of the Genesee County Economic Development Center (GCEDC). “In this instance, National Grid is providing critically important grants to sustain and grow the operations of one the largest employers in our region. It’s another example of the public and private sector collaboration that is resulting in the creation of new jobs and investment.”

The grants to Yancey’s Fancy are from National Grid’s Electric Capital Investment Incentive Program, which assists growing customers with costs of upgrading utility infrastructure to accommodate a business expansion or new construction that creates and retains jobs.

Information about National Grid’s suite of economic programs is available at www.shovelready.com.

Lady Dragons present Roswell with donation check from fundraiser

By Howard B. Owens

After a successful "Shooting for a Cure" fundraiser at Pembroke High School on Thursday, members of the Lady Dragons presented a $9,019 check to the Roswell Park Cancer Institute on Friday.

Photo submitted by Christina Abt.

Photo: Volunteers clear snow from hydrants in Pembroke

By Howard B. Owens

Members of the Pembroke Volunteer Fire Department were out in their district this morning clearing snow away from fire hydrants.

Photo submitted by Tera Bonner.

UPDATE: Tera sent in more pictures and the following statement:

Nine firefighters from the Pembroke Fire District spent 36 man hours clearing snow and ice from 115 hydrants today.

What may seem like a tedious, endless shoveling job, it's definitely an important one that needs to be done.

The Pembroke Fire District would like to remind you that a clearly visible, accessible fire hydrant could save your home, a neighbor's home, or even someone's life. If a fire hydrant is buried in snow, firefighters can lose valuable time trying to locate it when they first arrive at a fire. You can perform a valuable public service and protect yourself, your family and your neighbors by taking the responsibility for shoveling out and clearing any fire hydrants near your home during and after a heavy snowfall. With more snow sure to be on the way, we would like to offer these suggestions:

Make sure hydrants near your home are cleared after each snowfall.

Clear away any snow and ice in the area surrounding these fire hydrants so the firefighters have room to connect a hose.

Look out for your elderly or handicapped neighbors by taking a few extra minutes to shovel out their hydrants.

Shoveling a few extra minutes today may make all the difference later.


 

Rollover accident reported on Thruway in Pembroke

By Howard B. Owens

A blue pickup truck has rolled over in the area of mile marker 403.6.

Injuries are reported and extrication is needed.

Pembroke and Indian Falls fire department are dispatched, along with Mercy EMS.

There may be a second accident at mile marker 406.

At 403.6, an elderly patient reportedly has neck and back injuries.

UPDATE 10 a.m.: A responder has yet to locate an accident at 406.

UPDATE 10:02 a.m.: A second ambulance requested to 403.6.

UPDATE 10:04 a.m.: There are multiple patients to be evaluated. Darien's ambulance is standing by. Traffic is reportedly heavy.

UPDATE 10:05 a.m.: At least three patients will be sign-offs.

'Shooting for a Cure' tops $30K raised after fourth year for cancer-fighting event

By Howard B. Owens

Sean Burton, Dave Porter and Aaron Burch congratulate each other after getting their heads shaved before the Pembroke girls basketball game Thursday night, part of the school's annual "Shooting for a Cure" fundraiser.

The fourth annual event has become one of the largest annual fundraisers for Roswell Park Cancer Institute. Last night, the school raised $8.729.32, making the four-year total more than $30,000.

When the recording of the National Anthem didn't work, Makenzie Ferranti and Samantha Quaranto step forward and sang the Star Spangled Banner as a duet, giving a stellar performance that was completely unplanned.

The Pembroke girls were dressed in their pink Shooting for a Cure uniforms.

The Lady Dragons played their brand of aggressive basketball and swamped Holley, 50-6.

At half-time, local cancer survivors were honored with flowers from players, including Sue Underwood. Presenting the flower is Olivia Kohorst.

To purchase prints, click here.

Lady Dragons don pink again to 'Shoot for a Cure'

By laurie napoleone

A tin can, a pink basketball, and a lady dragon… it sounds like some sort of fairy tale. But it is far from that as these Lady Dragons use the cans to collect donations and that ball to shoot for a cure for breast cancer. To date, these young women have raised more than $22,000 for this cause.

When Rylee Moser was a freshman and playing on the Pembroke Junior Varsity Basketball Team, she recalls being asked to participate in the “Shooting For a Cure” event to help raise funds for breast cancer research. She said “our gym teacher’s wife was diagnosed with breast cancer and we wanted to do something to help.” Now a varsity player and a senior at Pembroke High School, Rylee remains highly involved and she and her teammates are passing the torch that will continue this tradition of the Shooting For a Cure event.

The Pembroke Dragons Girls Basketball Team started this fund-raising effort in 2012, carrying around coffee cans and asking for donations; they raised approximately $4,100. The following year, they continued finding sponsors and raised more than $7,100. And last year they set their goal at $10,000 and raised over $11,000. This year, these players hope to make it bigger and better than ever. With corporate sponsors and 70-plus merchants involved, they hope to exceed their goal again this year.

Mike Wilson, Pembroke math teacher who has been involved with this event since the start, says “all the girls cannot wait for this game… they are a civic-minded group and they use basketball to make a difference in their community.” The underclassmen will continue to carry the torch as he sees this as “the game the girls look forward to the most, where they have a chance to serve the community and others.” 

Shooting for a Cure will be held 7 p.m. Thursday, when the Lady Dragons host the Holley Hawks at the Pembroke High School Gymnasium. Besides proceeds from ticket sales, the Lady Dragons will have food, auctions and raffles. Perry’s Ice Cream is sponsoring an ice cream sundae bar at the game as well.

Donations are still being accepted and anyone wishing to donate can contact Mike Wilson at 585-599-4525, ext. 1210, or go to www.crowdrise.com/shooting4acure. All money raised from this event go directly to Roswell Park Cancer Institute to support breast cancer research.

When Rylee and the other seniors exit the court tommorrow night, they will carry with them the pride that they have made a difference in their school, their community and all those battling breast cancer.

Law and Order: Women accused of forging and cashing benefits check

By Howard B. Owens

Cindy L. Bush, 52, of Oak Orchard Road, Batavia, is charged with forgery, 2nd, possession of a forged instrument, 2nd, and conspiracy, 5th. Bush allegedly forged the signature of another person on a check issued by DSS. Bush allegedly conspired with another person in the forgery.

Doris L. Mayl, 62, of Manhatten Avenue, Batavia, is charged with possession of a forged instrument, 2nd, conspiracy, 5th, and petit larceny. Mayl allegedly possessed and cashed a check issued to another person by DSS. Mayl allegedly conspired with another person in the scheme.

Jessica Leeann Bovier, 18, of Pratt Road, Batavia, is charged with unlawful possession of marijuana and speeding (59 in a 45 mph zone). A 17-year-old passenger resident of Genesee Street, Pembroke, was also charged with unlawful possession of marijuana. Bovier was stopped at 12:13 p.m. Sunday on Route 77, Pembroke, by Deputy Patrick Reeves.

Byron R. Lee, 48, of West Main Street, Batavia, was arrested on a warrant for alleged failure to appear on an attempted petit larceny charge. Lee turned himself in and posted $150 bail.

Sarah M. Wilson, 30, of Hutchins Street, Batavia, is charged with harassment, 2nd, two counts of reckless endangerment and one count of endangering the welfare of a child. While a passenger in a moving vehicle, Wilson allegedly hit the driver in the face. A 3-month-old child was in the vehicle at the time of the alleged incident. Wilson was jailed on $1,000 bail.

Christina A.M. Deluna, 34, of Liberty Street, Batavia, was arrested for alleged failure to appear on a ticket for aggravated unlicensed operation, 3rd. Deluna was taken into custody at the Monroe County Jail. Following arraignment, Deluna was released on her own recognizance. 

Jordan M. Briggs, 27, of West Main Street, Batavia, is charged with harassment, 2nd, and trespass. Briggs was allegedly in an establishment on West Main Street after being told to leave. He allegedly struck another person while being escorted from the property. 

Steven A. Hill, 44, of Star Street, Medina, is charged with criminal contempt, 2nd. Hill turned himself in on a warrant. He allegedly left a voice mail on the phone of a person who was protected by court order. 

Heather Lynn Draper, 25, of East Avenue, Batavia, was arrested on a warrant for alleged failure to appear on a trespass charge. Draper turned herself in and was released on her own recognizance.

Brian K. Laird, 20, of Wallace Street, Batavia, is charged with criminal trespass, 2nd. Laird allegedly entered a location on Oak Street through a window after being told he was no longer welcome at that location.

Jessica M. Pfenninger, 32, of Batavia, is charged with petit larceny. Pfenninger is accused of stealing from Kmart.

Matthew M. Mahaney, 33, of Corfu, is charged with DWI. Mahaney was stopped by State Police at 10:19 p.m. Thursday on Knapp Road, Pembroke.

Truck off the road on Route 77, Pembroke

By Howard B. Owens

A tractor-trailer has become entangled in poles and wires along Route 77 just south of Route 5 in Pembroke, though no injuries are reported.

A deputy on scene says that the only thing keeping the truck from rolling over are "these poles and wires."

National Grid is requested to the scene.

UPDATE: Reader submitted photo.

Law and Order: Call about suspected drug use leads to arrest

By Howard B. Owens

Zachary Jordan Franclemont, 20, of Indian Falls Road, Corfu, is charged with criminal possession of a hallucinogenic substance, one gram or more, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and criminally using drug paraphernalia, 2nd. Deputy Kevin McCarthy responded to a suspicious activity report at 12:30 a.m., Monday, at the East Pembroke Arrowmart of a person in a car using drugs. Upon investigation, Franclemont was found in a vehicle allegedly found in possession of cocaine, ecstasy and marijuana. Franclemont was arrested, arraigned and jailed on $20,000 bail. Assisting were Deputy Jason Saile, Sgt. Eric Seppala and Sgt. Greg Walker.

East Pembroke installs fire officers for 2015

By Howard B. Owens

Chief Don Newton, East Pembroke Fire Department, received the Service Award for 2014, and Fire Training Officer James Gayton was named Firefighter of the Year Saturday night during the department's annual installation dinner.

Counting fire calls, accidents and EMS calls, East Pembroke went on 350 calls in 2014, up from the recent average year of about 300 calls.

The 2015 firematic officers as elected by members are: Newton, chief; Stephen Smelski, 1st assistant chief; Williams Torres Jr., 2nd assistant chief; Donald Newton Sr., firematic captain; Jose Santini, firematic lieutenant; Lori Ann Santini, EMS captain; Robert Yungfleisch, EMS lieutenant; Ray Schramm, fire police captain; Chris Bennett, fire police lieutenant; Gayton, training officer; Smelski, safety officer.

Candles were lit after the dinner in a memorial service to honor fallen first responders and members of the military.

Genesee County Emergency Management Coordinator Tim Yaeger administered the oath of office for department and district officers.

Arrest made in hit-and-run that claimed life of Corfu man

By Howard B. Owens
Matthew Jurek

Matthew A. Jurek, 26, of Pembroke, has been charged with leaving the scene of a fatal pedestrian accident, according to the Buffalo News.

Jurek was allegedly involved in an accident Saturday that claimed the life of Francis A. Meldrum Jr., 38, of Corfu, who was walking on Indian Falls Road in Newstead when he was struck by a vehicle.

A passerby found Meldrum's body in the roadway.

From the Buffalo News:

An unidentified passenger in the suspect’s pickup at the time of the hit-and-run is cooperating with investigators, the Sheriff’s Office said.

“After Jurek struck Mr. Meldrum with the vehicle he was operating, he fled from the scene and left Mr. Meldrum lying on the side of the road,” Erie County Undersheriff Mark Wipperman said in an afternoon news conference.

Jurek was reportedly with a group of people that night.

Darien town justice tapped as new member of County Legislature

By Howard B. Owens

A Town of Darien justice has been tapped to become the newest member of the Genesee County Legislature.

Michael Davis, a town justice for about five years and employee of the Upstate Niagara Milk Cooperative, will replace Annie Lawrence, who resigned to become Town of Pembroke supervisor.

County Republicans selected Davis to fill the vacant seat -- which must be filled under county law by a person from the same party as the person who left the seat -- and Wednesday, the Ways and Means Committee voted unanimously to recommend the appointment to the full legislature.

The legislative vote is expected at the start of its meeting next week and Davis would be sworn into office immediately. 

Before then, Davis is expected to resign as town justice.

The committee also reappointed Lori Longhany as the Democratic Party's commissioner on the Board of Elections.

Also on Wednesday, the committee approved the hiring of Ruth Spink as director of the Office for the Aging, who will replace Pamela Whitmore. Whitmore is retiring at the end of the month.

Driver refusing to move truck from Econo Lodge on Route 77, Pembroke

By Howard B. Owens

The manager of the Econo Lodge on Route 77, Pembroke, would like to get the snow removed from his parking lot, but a truck is parked in the lot and the driver is refusing to move.

A deputy is being dispatched.

The manager is requesting that if the driver refuses to move, that law enforcement have the truck removed.

Accident with unknown injuries reported on the Thruway in Pembroke

By Howard B. Owens

A motor-vehicle accident with unknown injuries is reported in the eastbound lane of the Thruway in the area of mile marker 404.

Pembroke and Indian Falls fire dispatched. Mercy EMS dispatched.

UPDATE 11:25 a.m.: A responding chief says, "It looks like he may be out of the woods now. It looks like he's going to be driving out of here." There is a truck off the road. 

UPDATE 11:28 a.m.: It looks like a tow will be required for the truck.

Law and Order: Early morning disturbance on Maple leads to a pair of arrests

By Howard B. Owens

Andrea M. Gray, 36, of Maple Street, Batavia, is charged with harassment, 2nd, criminal mischief, 4th, criminal tampering, 3rd, coercion, 1st, and obstruction of governmental administration. During an incident first reported at 2:12 a.m. Saturday at a residence on Maple Street, Gray allegedly tore the shirt of a roommate during a fight. She then allegedly attempted to interfere with the arrest of a person accused of violating a court order by having contact with her. She allegedly attempted to coerce police officers to release the suspect by threatening to harm herself if he was not released. Gray was jailed without bail. Gray was also charged with petit larceny for allegedly taking the mobile phone of a roommate Friday and not returning it.

Russell R. Miles Jr., 46, of East Main Street, Batavia, is charged with criminal contempt, 1st. Miles was arrested following an investigation into a disturbance reported at 2:12 a.m. Saturday on Maple Street, Batavia. Miles has a previous criminal contempt conviction within the past five years. He was ordered held without bail.

Jeremiah J. Cieszynski, 27, of Warsaw, and Sally M. Sims, 24, of Warsaw, are charged with petit larceny. Cieszynski and Sims are accused of stealing clothing and sneakers valued at $125 from Kmart.

Bashard L. Joiner, 21, of Rochester, is charged with two counts of criminal trespass, 3rd. Joiner received a suspension letter from GCC on Oct. 9 and told he was not permitted on campus property. During November, Joiner was allegedly spotted several times at College Village by safety officers and video surveillance. On Dec. 10, Joiner was located in the cafeteria on campus and placed under arrest by State Police. He was jailed on $300 bail or $600 bond.

Jeannette Kathleen Moore, 44, of West Avenue, Batavia, is charged with grand larceny. Moore is accused of stealing from Kmart while employed at the store.

Katie R. Wishman, 29, of Osterhout Avenue, Batavia, is charged with assault, 2nd, criminal possession of a weapon, 3rd, endangering the welfare of a child, criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. Wishman allegedly hit another family member in the face with a mug causing an injury. This act was allegedly committed in the presence of a 3-year-old child. During the investigation, police allegedly found heroin and needles. Wishman was jailed on $10,000 bail.

Kelly A. Hasenauer, 50, of Webster Street, Batavia, is charged with falsifying business records. Hasenauer allegedly signed a fake name to a business record at UMMC's ER in an attempt to defraud.

Linda L. Snyder, 32, of Central Avenue, Batavia, is charged with harassment, 2nd. Snyder allegedly threatened to fight another person at 5 p.m. on Dec. 9 at the Richmond Memorial Library.

Debra Elizabeth Webster, 46, of Route 20A, Warsaw, is charged with DWI, driving with a BAC of .18 or higher, unlawful possession of marijuana, speeding and failure to signal. Webster was stopped at 12:23 a.m.  Friday on Noonan Drive, Batavia, by Deputy Joseph Corona.

William James Johnson, 41, of Alleghany Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident, speeding and failure to keep right. Johnson was allegedly involved in an accident at 9:22 p.m. Saturday on Route 5, Pembroke, which was investigated by Deputy Joseph Corona.

Matthew Alan Hoye, 23, of Woodcrest Drive, Batavia, is charged with unlawful possession of marijuana. Hoye was arrested following a check of a roadside vehicle at 12:26 a.m., Saturday.

Peter James Curts, 25, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to stop at a stop sign. Curts was stopped at 11 p.m. Thursday on Parmalee Road, Le Roy, by Deputy Joseph Corona.

Brett W. Short, 28, of Le Roy, is charged with unlawful possession of marijuana. Short was charged by State Police following a traffic stop Friday morning in Batavia.

Arthur Robinson, 60, of Raleigh, NC, is charged with DWI in a commercial vehicle and driving with a BAC of .08 or greater. Robinson was stopped at 10 a.m. Sunday by State Police on Clinton Street Road, Stafford.

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