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New Elba school superintendent to be appointed at special meeting Friday

By Billie Owens

Press release:

The Elba Central School District’s Board of Education anticipates appointing Keith Palmer as the district’s next Superintendent at a special board meeting on Friday, June 12. Palmer is set to begin on July 1.

“I look forward to working with the Elba Board, faculty, students and community to develop strong relationships as we work together to deliver the District’s vision and mission," Palmer said. "Our first priority is the education of our students as we focus on curriculum and instruction. This will enhance our students’ academic achievement as we work together to meet the district’s academic and financial goals."

Tony Zambito, Elba Central School District Board president said, “The Board is confident in selecting Mr. Palmer to lead Elba Central Schools. His professional background, along with a deep understanding of many aspects of educational leadership, makes him an excellent fit for the staff and students of the District. The search process narrowed the field to three excellent candidates. The Board values all of the participation and input from stakeholders and community members and is committed and proud of this decision.”

Palmer is currently the principal of Pembroke Central High School where he has served since 2003. Previously, he served as assistant principal at Kendall High School, a position he held for 12 years.

Palmer has 16 years experience in the educational field. Palmer began his career in 1987 as a math and computer science teacher at North Warren Central School in the Adirondacks. He also taught at the Washington Correctional Facility located in Comstock for two summers in both 1988 and 1990.

Palmer holds a bachelor of arts from Houghton College, and a master’s degree from SUNY Plattsburgh. He holds three New York State (NYS) Certifications, a NYS School District Administrator, a NYS School Administrator and Supervisor Certificate and a NYS School Business Administrator Certificate.

Palmer’s career encompasses a variety of leadership accomplishments including developing Professional Learning Communities to build school/family communication and maintaining effective relations with union leadership.

Town of Pembroke receives FEMA grant for November storm

By Traci Turner

The Town of Pembroke received a Federal Emergency Management Agency (FEMA) grant to help cover extra plowing expenses for the November 2014 snowstorm.

The town board authorized the FEMA grant of $36,943 the town received to be transferred into the highway department account at last night's meeting. The grant was received about a month ago and funds will go toward plowing expenses for next year.

"The grant money will go back into all the payroll and we'll break it up to where it goes to fill up the salt barns," said Stephen Stocking, the Town of Pembroke highway superintendent.

Stocking worked on applying for the grant a month after the storm hit to cover a portion of the extra snowplowing expenses. The highway staff was working around the clock to keep roads plowed during the three-day storm. The town also had to replace some of the salt it had used in the storm to get through the rest of the winter. 

"It was just a lot of snow in a short time," Stocking said. "Some of our roads had four feet of snow on them. There was just too much time and salt spent on the three days."

The storm started on Monday, Nov. 17. County officials declared a state of emergency and travel bands were issued for Darien, Pembroke, Alexander, Bethany and Pavilion.

Pembroke native gets promotion in Marines

By Billie Owens

News from Recruiting Sub-station in Batavia:

Private First Class Ethan Burns, a 24-year-old native of Pembroke recently graduated Marine Corps Recruit Training in Parris Island South Carolina. He was promoted to the rank of Private First Class and has earned the title United States Marine.

All Marines from the Northeast pass through a rigorous 13-week training program in Parris Island on their journey to become Marines. Following recruit graduation, the Marine will attend a military occupational specialty school, where he or she will learn the valuable skills needed to succeed in the Marine Corps.

Law and Order: Batavia man charged with criminal mischief and unlawful imprisonment

By Traci Turner

Shane Zimblis, 44, of Hutchins Street, Batavia, is charged with criminal mischief, 4th, and unlawful imprisonment. Zimblis allegedly broke several items belonging to another person and refused to let the person leave the location. The domestic incident happened on Hutchins Street, Batavia. He was put in Genesee County Jail.

Jeffrey J. Cervone, 46, of North Spruce Street, Batavia, is charged with two counts of menacing, 3rd, and one count of petit larceny. The incident occurred at 202 N. Spruce St., City of Batavia. Cervone is accused of threatening two subjects and brandished what the two subjects thought was a knife. He was held on $2,500.

Bilal A. Aljabbouri, 21, of Austin Street, Buffalo, is charged with possession of untaxed cigarettes, possession of cigars with unpaid tax, aggravated unlicensed operation, 3rd, speeding and unlicensed operator. Aljabbouri was pulled over for a traffic stop on Alleghany Road, Pembroke, by Deputy Joseph Corona. Aljabbouri was allegedly in possession of more than 400 untaxed cigarettes and more than 750 cigars. 

James A. Mckenzie, 61, of River Road, Rome, is charged with attempt to evade taxes on cigarettes, criminal tax fraud and following too closely. Mckenzie is accused of possessing 406 cartons of untaxed cigarettes after being pulled over for an alleged traffic violation by Deputy Lonnie Nati on Alleghany Road, Pembroke.

Robert D. Griffin, 36, of East Avenue, Batavia, is charged with endangering the welfare of a child and criminal tampering, 3rd. Griffin allegedly became intoxicated to the point where he was unable to care for three children at a residence on Columbia Avenue, Batavia. He was jailed on $5,000 bail.

Tylee D. Gaines, 36, of Brown Street, Rochester, was arrested on a warrant on Overlook Drive, Batavia, for a previous charge. Gaines is originally charged with allegedly intimidating a witness, 3rd, in the Town of Batavia in August 2014. She was held without bail.

Chercal A. Smith, 19, of Bank Street, Batavia, was arrested on a Batavia City Court bench warrant on State Street, Batavia. Smith was originally arrested on an assault charge, 3rd, following an incident in January 2015. 

Melissa C. Cicatello, 23, of Webber Avenue, Oakfield, was arrested on a Batavia City Court bench warrant on West Main Street, Batavia. Cicatello allegedly failed to appear on charges of operating a motor vehicle without wearing a seat belt and operating a motor vehicle with a suspended registration.

A 17-year-old youth offender of Batavia is charged with disorderly conduct. The youth was allegedly involved in a physical altercation with another student at Batavia High School. The youth's name was withheld by Batavia PD.

Village of Corfu Board of Trustees nix holding public hearing on dissolution

By Traci Turner

Village of Corfu residents will not get the chance to participate in a public hearing on whether to dissolve their local government after the board of trustees voted 3 to 2 against holding a hearing Monday night.

Board trustees Al Graham, Ken Lauer and Jenny McMartin-Eck did not approve moving forward with the dissolution public hearing because they felt residents would be losing out -- on police protection, maintenance services, as well as village office, court and board services. Their main concern is that the needs of 700 Village residents would not be met by the Town of Pembroke.

Mayor Dave Bielec and Board Trustee Art Ianni were in favor of the motion to hold a public hearing because they wanted to give residents a chance to voice their opinion in an open forum.

The issue of whether to dissolve the village and combine with the Town of Pembroke has been going on for approximately a year. Then Pembroke Town Board met in March to discuss the nitty-gritty issues of dissolution.

The town board agreed to cover the cost for the village's streetlights but special districts would have to be created to address sidewalk repair and lawn waste pickup. Village repairs in the past have been completed by private contractors. For police coverage, board members discussed contracting with the Genesee County Sheriff's Office. Regarding the village's fund balance of $500,000, the board sought opinion from the state Comptroller's Office.

Next, a Dissolution Committee Meeting was held May 12th to discuss the requirements of the final plan. The committee is composed of village board trustees, town board members, and residents from Corfu and Pembroke. A representative from the New York State Department of State answered questions regarding the Dissolution Law.

As things stand, that's all moot now. (SEE BELOW)

Other topics discussed at yesterday's meeting included sewer plant updates, grant applications to fund redevelopment and a proposal for a village yard sale day.

Board Trustee Graham presented requirements that would allow the sewer pretreatment plant to move forward with the proposal to hook up two truck stops -- Travel Centers of America and Flying J. The plant requires smoke testing, dye testing, inspections, meetings, lab work and a permit to have the companies hook up to the plant. Graham also mentioned a grant proposal to make the sewer pretreatment plant larger by building another plant next to the existing one.

Lauer discussed applying for New York State grant funds to improve community development. Historical structures including the Union Hotel and Bowling Alley, recent tattoo parlor and the former Odd Fellows building are in need of repair. The government could take over the buildings or support private development. The revitalization effort would open up the possibility of creating parks, activities for youth and seniors and more downtown parking. The board approved a motion to have a grant writer work on the grant application that is due at the end of July.

Village residents proposed a community yard sale to the board of trustees. The board approved the yard sale days and will be asking private business owners to support the event as well. The yard sale will take place this summer on a weekend in August. Final details will be advertised in the Village of Corfu summer newsletter.

CORRECTION: (By Billie) I added the sentence "As things stand, that's all moot now." Village Board Trustee Al Graham pointed out in comments that that is not right. Citizens have recourse. They can petition to force a vote on village dissolution. I stand corrected and apologize for the error, which the writer of the story, our intern Traci Turner, had nothing to do with whatsoever.

One-car rollover accident, minor injuries, reported on Main Road, Pembroke

By Billie Owens

A one-vehicle rollover accident with possible minor injuries is reported in the area of 352 Main Road, Pembroke. Pembroke and Indian Falls fire departments and Mercy medics are responding.

UPDATE 12:16 p.m.: Dispatch got a call saying the patient got into another vehicle and left the scene.

Village of Corfu unveils new entry signs

By Howard B. Owens

The roads leading into the Village of Corfu will soon be spiffed up with new gateway signs, designed and created by a group of talented Pembroke High School students under the guidance of Art teacher Eric Johnson.

The village has been working with Johnson's students since February 2014 on the design and selection process for the new signs, said Trustee Ken Lauer. 

"They did many sketches, redesigns and adaptations of their concepts," Lauer said.  "The final selection was very difficult since all the concepts were unique and professional."

The village is currently getting the signs clear coated and should have them up in a week or two.  

Pictured are Sabrina Sanner, Nikita Harding, Emily Verdaasdonk, Morgan Smykowski, Nicole Franclemont and Bailey Groth.

Submitted photo.

Law and Order: Two Batavia women arrested for repeatedly allowing their dogs to run at large

By Billie Owens

Kelsey Anne Sanders, 28, of Hutchins Street, Batavia, was arrested May 30 for allegedly allowing her dog to habitually run at large in the neighborhood. She was issued an electronically generated appearance ticket and released from custody. She is to appear in City Court on June 9. The matter was investigated by Batavia Police Officer Marc Lawrence.

Amanda M. Rumble, 27, of State Street, Batavia, was arrested May 27 after her dog was allegedly observed by law enforcement to be running at large on State Street. There have been previous complaints filed with regard to Rumble's dog running at large throughout the neighborhood, according to Officer Kevin DeFelice's police report. She was issued an appearance ticket and is to appear in City Court on June 9.

Tyrone L. Richardson, 39, of McKinley Ave., Batavia, is charged with unlawful possession of marijuana, fourth-degree criminal mischief for allegedly disabling equipment to prevent an emergency call, and criminal obstruction of breathing / blood circulation. Richardson was arrested May 29 following an investigation into a domestic incident on Evans Street in the City of Batavia. The matter was investigated by Batavia Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

Sean Douglas Lacy, 28, of West Bergen Road, Bergen, was arrested May 29 and charged with driving with a BAC above. .08, driving while intoxicated, and speeding (66 mph in a 55-mph zone). He was charged with DWI after being stopped for allegedly speeding in the Town of Stafford. He is scheduled to appear in Stafford Town Court on June 25. The matter was investigated by Sheriff's Deputy Christopher Erion, assisted by Deputy Gregory Walker.

Jayson W. Dersham, 32, of Wortendyke Road, Batavia, is charged with second-degree burglary. He was arrested May 29 for the crime which he allegedly committed on Feb. 22 on Maple Street in the City of Batavia. The matter was investigated by Batavia Police Officer James DeFreze, assisted by Officer Matthew Lutey.

Glenn H. Quintern, 56, of Central Avenue, Batavia, is charged with criminal contempt. He was arrested May 30 as the result of an incident on Central Avenue wherein he allegedly violated an order of protection. He was put in Genesee County Jail on $10,000 bail. The matter was investigated by Batavia Police Officer Christopher Lindsay, assisted by Officer Chad Richards.

Tyler Austin Stoddard, 20, of Meiser Road, Pembroke, is charged with second-degree criminal contempt. He was arrested May 9 follwoing an incident wherein he allegedly contacted a person via phone, in violation of an order of protection issued by Genesee County Family Court. The matter was investigated by Sheriff's Deputy Andrew Hale.

Benjamin D. Seekins, 26, of Woodrow Road, Batavia, is charged with criminal possession of a weapon. He was arrested May 28 after he was allegedly found to be in possession of metal knuckles while officers were investigating a suspicious condition. He is scheduled to appear in Batavia Town Court on June 18. The matter was investigated by Sheriff's Deputy Christopher Erion, assisted by Deputy Chad Minuto.

Celestino Barrera-Antunez, 34, of South Main Street, Batavia, is charged with failure to appear. An arrest warrant was executed and Barrera-Antunez was arrested May 30 after he allegedly failed to appear in court May 22 on a traffic ticket. He posted $210 bail and is to appear in City Court on June 9. The matter was investigated by Batavia Police Officer Christopher Lindsay, assisted by Officer Chad Richards.

John M. Morton, 36, of North Canal Road, Lockport, is charged with failure to obey a stop / park sign. He had an active arrest warrant out of the City of Batavia for not answering a parking ticket. He turned himself in at Batavia Police Headquarters on May 31 and posted $25 bail. He is to appear in City Court on June 2. The matter was investigated by Batavia Police Officer James DeFreze.

Jason E. Waddington, 38, of Mount Read Boulevard, Greece, is charged with improper parking between 2 and 6 a.m. Waddington had an active arrest warrant out of the City of Batavia for allegedly failing to answer a parking ticket dated April 11, 2011. He was located by the Monroe County Sheriff's Office and turned over to Batavia Police Officer James DeFreze. He posted $100 bail, was issued a computer-generated appearance ticket and is scheduled to appear in Batavia City Court on June 9.

Law and Order: Suspect accused of selling suboxone to undercover agent

By Howard B. Owens

Zachary J. Ayres, 21, of Bankside Drive, Hamlin, is charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 5th. Ayres was arrested on a warrant for allegedly selling suboxone to an agent of the Local Drug Task Force. He was jailed on $10,000 bail.

Shaun Claude Connors, 36, of Bissell Avenue, Depew, is charged with criminal possession of a controlled substance, 7th. Connors was arrested after being found sleeping in an unsecured, parked car on South Lake Road, Pembroke, at 8:21 a.m., May 20. 

Kimberly L. Winn, 61, of Church Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, inadequate exhaust and unlawful possession of marijuana. Winn was stopped at 9:09 p.m. Thursday in the Village of Le Roy.

Mark D. Nash, 56, of Curtis Street, Rochester, was arrested on a warrant for alleged failure to pay fine. Nash has a conviction for issuing a bad check. He was arrested at the Monroe County Jail and jailed in Genesee County on $105 bail.

Rae Charlene Cook, 26, of Ellicott Street, Batavia, is charged with trespass and resisting arrest. Cook is accused of entering a residence without being invited nor having the owner's permission to enter. Cook reportedly left the residence before officers arrived, but allegedly returned later and was located on the front porch of the residence and taken into custody after a struggle.

Mark Jackett, 45, and Courtney Hewitt, 33, of Irving Parkway, Oakfield, are charged with eight counts of offering a false instrument for filing, 1st, and one count each of third-degree grand larceny. Jacket and Hewitt were arrested following an investigation by the Department of Social Services. Jackett and Hewitt are accused of submitting an application, recertification and wage verification forms that failed to report Jackett's correct income. As a result, Jackett and Hewitt allegedly received $9,747.09 in Medicaid benefits they were not entitled to between Dec. 1, 2010 and March 31, 2013. Jackett and Hewitt turned themselves into the Sheriff's Office, were arraigned and released.

Eric K. Ricks, 36, of Ellicott Street Road, Batavia, is charged with harassment, 2nd, unlawful possession of marijuana and criminal obstruction of breathing. Ricks was allegedly involved in a domestic incident on State Street. He's accused of strangling and punching another person. He was also allegedly found in possession of marijuana. He was jailed on $2,000 bail or $4,000 bond. Ricks was also arrested by the Sheriff's Office on a charge of disobeying a court mandate for allegedly violating an order of protection.

Charles I. Farraro, 27, of Barron Road, Mount Morris, is charged with DWI, refusal to take breath test, moving from lane unsafely and drinking alcohol in a motor vehicle. Farraro was stopped at 11:56 p.m. Tuesday on Walnut Street, Batavia, by Officer Darryle Streeter.

Samantha Lynn Gibbs, 27, of State Street, Batavia, is charged with unauthorized use of a computer. Gibbs is accused of gaining access to a computer network of another person and posting items on that network.

Jason Scott Stanley, 22, of Judge Road, Alabama, is charged with trespass. Stanley was arrested following an investigation into an ATV accident at 10:14 p.m. Monday at 7394 Hutton Road, Oakfield. Stanley was allegedly on private property without permission when she was involved in an ATV accident. Also charged, Amber Lynn Sharick, 22, of Lewiston Road, Batavia.

Stacey Lynn Santillo, 39, of Montclair Avenue, Batavia, is charged with petit larceny. Santillo is accused of shoplifting from Kohl's.

Wrongful death suit filed in February's fatal accident in Bethany

By Howard B. Owens

The father of Alyson D. Krzanak, the Genesee Community College student who died in an accident Feb. 21 at the intersection of Route 20 and Molasses Hill Road, Bethany, has filed a wrongful death suit against the driver of the car Krzanak was riding in as well as four other parties.

David Krzanak is the plaintiff as well as the estate of his daughter. He seeks damages "in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts but does not exceed the monetary jurisdictional limits of the New York State Supreme Court."

The wrongful death suit alleges that the driver of the vehicle, Hannah Dibble, as well as Leonard L. Odums, the Georgia resident driving the truck that hit Dibble's 1997 Geo, Celadon Trucking Services, Celadon Group and Frank's Garage of Akron, took actions that were negligent, reckless and careless, causing the death of Krazanak.

The 10-page document does not list any specific actions any of the defendants took that could be considered a cause of Krzanak's death.

There have been no criminal charges filed against Dibble, though Chief Deputy Jerome Brewster has confirmed that the Sheriff's Office has received the results of a toxicology report and both he and District Attorney Lawrence Friedman say the two offices have been in discussions about how to proceed.

The Dietrich Law Firm of Williamsville is representing the Krzanaks. Attorney Nicholas J. Shemik filed the lawsuit.

Grand Jury Report: Man indicted on drug dealing charge, escape and public lewdness

By Howard B. Owens

Kirk A. Thomas Jr., is indicted on counts of criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, first-degree escape, criminal possession of a hypodermic instrument, criminal possession of drug paraphernalia, 2nd, and public lewdness. Thomas is accused of possessing heroin with the intent to sell on March 17 in the City o Batavia. On that date, having been arrested, he allegedly escaped from custody. On that date, he allegedly possessed a hypodermic instrument. He allegedly possessed glassine envelopes with the intent to distribute drugs. He is accused of exposing himself and masturbating in public with the intent of being observed.

Ronald M. Markek is indicted on counts of felony DWI, felony driving with a BAC of .08 or greater, and is accused of having a prior DWI conviction on Oct. 11, 2011, in the Town of Pembroke. Markek is accused of driving drunk Nov. 28, 2014, on Route 63, Town of Batavia.

Law and Order: Alleged intruder of home on North Bergen Road charged with burglary

By Howard B. Owens

Shane P. Buyck, 26, of North Bergen Road, Bergen, is charged with burglary, 2nd. At 6:21 p.m. Monday, deputies and troopers were dispatched to a residence on North Bergen Road after the homeowner returned home to find an intruder in his house. The intruder fled on foot, leaving a car in the driveway. The registration reportedly came back to Shane P. Buyck, a resident of North Bergen Road. Buyck was located in a wooded area near the house by Deputy Chris Erion and K-9 "Destro" while lying in thick brush. Buyck was identified as the alleged intruder. He was jailed without bail.

Tonya M. Doell, 45, of East Main Street, Batavia, is charged with open container in public. Doell was allegedly in possession of an open container at 577 East Main St., Batavia, (Family Dollar). Doell reportedly refused to identify herself to police because of her probation status.

Matthew P. Parker, 25, of Eagle Street, Medina, is charged with trespass. Parker was arrested following an investigation into reports of vehicles being broken into in the City of Batavia on Sunday Morning. He was located in the parking lot of UMMC at 4:30 a.m. and jailed without bail.

Matthew C. Payne, 33, of Chestnut Street, Batavia, is charged with illegal disposal of items. Payne is accused of illegally dumping trash into a trash container owned by the Batavia Housing Authority at 193 S. Main St., Batavia.

Susan R. Fabretti, 52, of Swamp Road, Byron, is charged with petit larceny. Fabretti is accused of shoplifting at Tops Market. 

A 17-year-old, name and residence withheld by Batavia PD, is charged with harassment, 2nd. The youth is accused of striking a female several times after a verbal argument escalated.

Angela Irene, 45, of South Gravel Road, Medina, is charged with DWI, driving with a BAC of .08 or greater and failure to stop at at stop sign. Irene was stopped at 1:41 a.m. Sunday on Lewiston Road, Alabama, by Deputy Joseph Corona.

Alan James White, 18, of South Lake Road, Bergen, is charged with criminal possession of a weapon, driving while ability impaired by alcohol and driving with a BAC of .08 or greater. Deputy Chad Cummings along with Mercy EMS were dispatched at 7:51 a.m. Sunday to Dublin Road, Bergen, for a report of an unresponsive male behind the wheel of a stopped car on the road. White was treated and released at the scene by medics. He was allegedly found in possession of a switchblade knife.

Sandra Lynn Fry, 43, of Sunset Park, Oakfield, is charged with criminal contempt, 2nd. Fry allegedly violated a complete stay away order of protection.

Jason Scott Stanley, 22, of Judge Road, Alabama, is charged with DWI on an ATV, unlawful operation of an ATV on private property, unregistered ATV and driving an ATV without insurance. Stanley was arrested following an investigation into an ATV accident on Hutton Road, Oakfield, at 6 p.m. on Monday.

Mark David Heidenreich, 25, of Sumner Road, Darien, is charged with criminal contempt, 2nd. Heidenreich allegedly violated a complete stay away order of protection by placing phone calls to the protected person.

Samantha Rose Docteur, 24, of Ellicott Street Road, Pavilion, is charged with unlawful possession of marijuana and facilitating aggravated unlicensed operation of a motor vehicle, 2nd. Docteur was arrested following a traffic stop on South Main Street, Oakfield, at 11:55 a.m. Saturday by Deputy Michael Lute. She was allegedly in possession of marijuana, a grinder and smoking paraphernalia.

Andrew Michael Boyce, 20, of Oak Orchard Road, Elba, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and no seatbelt. Boyce was stopped at 4:18 p.m. Friday on Judge Road, Alabama, by Deputy Chris Parker, for allegedly driving without wearing a seatbelt.

A 17-year-old resident of Main Road, Pembroke, is charged with second-degree harassment and criminal mischief, 4th. The youth allegedly threatened another person and damaged property of that person. He was jailed on $250 bail.

Matthew Brian Starowitz, 26, of Whitney Mill Road, Batavia, is charged with unlawful possession of marijuana. Starowitz was charged at 2:22 a.m. May 19 on Bank Street Road, by Deputy Chris Erion.

Nicholas Anthony Lord, 19, of North Division Street, Buffalo, is charged with criminal mischief. Lord allegedly damaged another person's property during a dispute.

Matthew J. Pasternak, 25, of Amherst, is charged with unlawful possession of marijuana. Pasternak was stopped by a trooper on Route 77, Corfu, for allegedly speeding. He was allegedly found in possession of five grams of marijuana after the trooper said he detected the odor of marijuana emanating from the vehicle. The search also allegedly led to the discovery of a multicolored smoking pipe with marijuana residue.

The spirit of Conrad Litt, who died in battle July 18, 1863, has a final resting place in Indian Falls

By Howard B. Owens

On a cloud-shrouded Memorial Day afternoon in Indian Falls, the folds in the fabric of history were visible in a short service that honored one of Pembroke's own fallen Civil War soldiers.

A headstone for Conrad Litt, a German immigrant who probably joined the Army so his family could have 100 acres of land after the war, was dedicated in a service conducted by members of Colonel John B. Weber Camp No. 44 and the Weber Guard, Sons of Veterans Reserve.

The spot chosen for the marker is next to those of his parents and other family members in the Old Indian Falls Cemetery. The location is at the rise of the hill in the southwest corner of the graveyard. There's an opening in the tree line that overlooks a lush valley. 

Clifford Anderson, one of the Litt Family ancestors, who now lives in West Seneca, purchased the headstone from the Veteran's Administration. He likes the idea that Conrad Litt's grave overlooks that idyllic valley that will become a national veterans cemetery.

"His spirit will look out over his fellow soldiers here, on this hill," Anderson said.

Conrad Litt enlisted in the 100th New York Volunteer Infantry, 2nd Brigade, Company C., on October 24, 1861 as a private. The 2nd Brigade was known as the “Eagle Brigade,” which was sponsored by the Buffalo Board of Trade.

Litt participated in the Battle of Fair Oaks, Virginia, where more than half of his regiment was killed or wounded.

The Pembroke resident died in action July 18, 1863 during the Union’s night assault on Fort Wagner, Morris Island, S.C., when he was struck in the breast and died instantly.

The Second Battle for Fort Wagner was dramatized in the movie "Glory," which is about the 54th Regiment Massachusetts Volunteer Infantry, the first military regiment in the Army comprised entirely of African-Americans, mostly freed slaves. The 54th led the nighttime charge on Fort Wagner, suffering heavy casualties, and though Fort Wagner never fell, the manner in which the men acquitted themselves led to more freed slaves being allowed to enlist. These black regiments were a significant factor, President Lincoln felt, in the Union winning the war.

Buffalo native John B. Weber enlisted in the Army Aug. 1, 1861 as a private and quickly rose through the ranks, attaining colonel before his 21st birthday. His first command, granted September 19, 1863, two months after the Second Battle of Fort Wagner, was the 89th Regiment, designated "18th Infantry, Corps d'Afrique." It was a regiment of freed slaves. Weber turned down a command of 44th Regiment to lead the 89th. He resigned later after his men were reassigned to another outfit and promised replacements, more freed slaves, were not available. He returned to Buffalo and eventually was elected to Congress.

Litt's remains were never recovered for a proper burial, as the fighting at Fort Wagner continued for another month by laying siege to take control of the rebel-held fort and battery, which was the key to entering Charleston Harbor and the Union reclaiming of Ft. Sumter, where the first shot of the War Between the States opened formal hostilities in 1861. 

Anderson learned of Litt and the cemetery where his family was buried while researching his family tree. In the process, he came across a book containing 25 of Litt's letters home. The book, which also contains the Civil War letters of Litt's childhood friend, also of Pembroke and fellow soldier, Sidney Lake, "I Take My Pen in My Hand."

"I came across these letters he wrote and I wept reading them," Anderson said. "I'm a vet myself and I would like to do him an honor, at least put a marker here for him. His body is not here, but I feel like his spirit has come home now."

The dedication ceremony comes 150 years after what some historians consider the first Memorial Day, organized in Charleston, S.C., May 1, 1865, by a group of freed slaves to honor the Union soldiers who helped secure their emancipation. The first nationally recognized Decoration Day was May 30, 1868. The date was supposedly chosen because it would be a time when flowers in all parts of the nation would be in bloom and the graves of fallen soldiers were to be decorated with flowers.

Flowers decorated Litt's marker yesterday.

For Michael Erb, who belongs to three Civil War reenactment groups, including the Weber group, and is himself a military veteran, taking part in services that honor the Civil War dead is important because the Civil War is a critical turning point in the nation's history.

"The Civil War was America's biggest war," Erb said. "It changed our country forever, you know. We were kind of a disunified country, different states going different ways, and all the sudden after the war, we were all one nation. Oliver Wendell Holmes said it was a terrible war, many people and soldiers died in that war, but look at what we got from it. We're a better country afterward. We're a unified country. Today, we're the only Superpower. It's a time in history that our whole country should remember."

Law and Order: Fire response leads to discovery of allegedly mistreated dogs

By Howard B. Owens

Ashley Marie Fladie, 24, of Pearl Street Road, Batavia, is charged with two counts of cruelty to animals. Fladie is accused of possessing two dogs that were deprived of proper care and, as a result, suffered from numerous medical conditions that authorities say could have been avoided with proper care. The dogs were examined by a veterinarian, who allegedly determined the dogs were in unsatisfactory condition due to improper care. Animal Control assisted in the investigation. The dogs were discovered during a response to a fire at 2720 Pearl Street Road the evening of March 11.

Ashley M. Kreutz, 27 of Batavia, is charged with petit larceny. Kreutz is accused of stealing a gift card from her employer, Kohl's, worth $37. The alleged theft was detected on surveillance video.

Jordan C. Dunham, 42, of Batavia, is charged with three counts of criminal possession of a controlled substance, 7th, controlled substance in non-original container and no license plate lamp, and Nicole P. Gonzalez, 32, of Batavia, is charged with criminal possession of a controlled substance, 7th, and controlled substance in non-original container. State Police stopped Dunham's Chevrolet Cobalt on Route 33, Bergen, for an alleged license plate lamp out. During the interview, Dunham reportedly said he didn't have a license. A trooper reportedly observed his hands shaking and he appeared nervous.  The trooper allegedly spotted five glassine bags of heroin on the back seat floor. During the subsequent search, a trooper allegedly found two plastic baggies containing cocaine and a large glassine bag containing suboxone sublingual strips.

Merlin L. Brainerd, 34, of Silver Springs, is charged with unlawful possession of marijuana. Brainerd was stopped by State Police on Route 63, Batavia, for alleged tinted windows. A trooper detected the alleged odor of marijuana. Further investigation turned up a baggie allegedly containing two grams of marijuana and a glass smoking pipe with marijuana residue.

Alexis A. Camilo, 19, of Buffalo, is charged with unlawful possession of marijuana. Camilo was stopped in Corfu by Village police for allegedly driving 48 in a 35 mph zone on Route 77.

Craig M. Stevens, 54, of North Spruce Street, Batavia, is charged with harassment, 2nd. Steven allegedly slapped a woman at 1:30 p.m. Wednesday at a location on North Spruce Street.

Yolanda E. Johnson, 28, of West Main Street, Batavia, was arrested on a warrant related to an aggravated unlicensed operation, 3rd, charge. Johnson was arrested, arraigned and released on her own recognizance.

A 17-year-old resident of Batavia is charged with criminal mischief, 4th. The youth allegedly punched a hole in a wall at an undisclosed location at 9:30 pm. on May 12. Batavia PD withheld the name of the suspect.

Francisco Martinez Jr., 42, no permanent residence, was arrested on a warrant related to an endangering the welfare of a child charge. Martinez was arraigned, had a DNA sample collected at the jail, and was released.

A 17-year-old resident of Batavia is charged with endangering the welfare of a minor and menacing, 2nd. The youth allegedly threatened his 13-year-old brother with a knife at 6:30 p.m., May 5, at an undisclosed location. The name of the suspect withheld by Batavia PD.

Carlos Samol, 50, of Liberty Street, Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Samol allegedly struck two people, including a juvenile, in an alleged incident reported at 2:38 p.m., Wednesday.

Sarah Mae Wilson, 32, of Hutchins Street, Batavia, is charged with disobeying an order of protection. Wilson was allegedly located by police officers hiding in the closet of a protected party. Wilson was jailed on $5,000 bail or $10,000 bond.

Karen D. Bannister, 74, of South Main Street, Batavia, was arrested on a warrant for alleged failure to appear on a harassment charge. Bannister was arraigned and released on her own recognizance.

Daniel L. Dioguardi, 34, of Summit Street, Batavia, is charged with obstructing governmental administration. Dioguardi allegedly ran from police when they attempted to detain him for questioning during a burglary investigation at 5:17 p.m., Friday. Dioguardi was jailed on $3,000 bail or $6,000 bond.

Stanley D. Wilson, 54, of Bank Street, Batavia, is charged with petit larceny. Wilson is accused of stealing beer from the Red Apple at 99 Jackson St., Batavia.

Michael A. Galas, 24, of Woodcrest Boulevard, Tonawanda, is charged with trespass. Galas was allegedly trespassing at Rolling Hills Asylum, Bethany. Also charged, Nicholas J. Hora, 24, of Old Farm Court, Cheektowaga, Rebecca M. Klein, 24, of Knowlton Road, Kenmore, and Jessica M. Cichocki, of Elm Place, Lancaster. The four people were allegedly caught on the property at 6:54 p.m., Sunday.

Daniel Thomas McPhee III, 48, of Losson Road, Cheektowaga, is charged with possession or transport of unstamped cigarettes, motor vehicle lights not meeting safety standards and running a red light. McPhee was stopped at 8:53 p.m. Sunday on Route 77, Pembroke, by Deputy Joseph Corona.

Christina Aminta Soler, 37, of Phelps Road, Pembroke, is charged with criminal contempt, 2nd. Soler allegedly violated an order of protection by contacting the protected party.

Jacob John Stone, 39, of West Main Street, Batavia, is charged with criminal mischief. Stone allegedly kicked and damaged a door during an argument.

Honour Haley Myers, 26, of Hamm Road, Lockport, is charged with unlawful possession of marijuana and failure to stop at stop sign. Myers was stopped at 6:33 p.m. Saturday on Route 33, Stafford, by Deputy Joseph Corona.

Eric Charles Zglinicki, 53, of Alleghany Road, Darien, is charged with criminal possession of weapon, 4th. Zglinicki was allegedly found in possession of firearms despite his prior felony conviction. The weapons were confiscated.

Patricia Leslie Brown, 61, of Park Avenue, Whitesboro, is charged with possession of more than 400 untaxed cigarattes. Brown was stopped at 9:56 a.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Kathleen Marie Szkotak, 46, of Park Avenue, Whitesboro, is charged with possession of more than 400 untaxed cigarettes and driving with dark-tinted windows. Szkotak was stopped at 9:56 a.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Robert James Lefrois, 30, of Down Street, Rochester, is charged with unlawful possession of marijuana, unlicensed operator, possession / display of a forged inspection certificate and inadequate muffler. Lefrois was stopped at 12:52 p.m. Sunday on Route 77, Pembroke, by Deputy Richard Schildwaster.

Harvey Arthur McMurray Jr., 47, of Bennett Avenue, Oakfield, is charged with driving while ability impaired by alcohol, speeding, unlicensed driver and unregistered motor vehicle. McMurray was stopped at 2 a.m. May 8 on Lewiston Road, Oakfield, by Deputy Joseph Corona.

Wendy S. Dempsey, 44, of Sunset Parkway, Oakfield, is charged with trespassing. Dempsey allegedly entered a business in Oakfield where she had been previously told not to enter.

Law and Order: Batavia man accused of skipping cab fare after ride from Macedon

By Howard B. Owens
Nicholas Elmore

Nicholas J. Elmore, 26, of Batavia, is charged with theft of services, petit larceny and criminal possession of a controlled substance, 7th. Elmore was arrested by Macedon PD for alleged shoplifting. He hired a cab for a ride from Macedon PD's office to a hotel in Batavia. He allegedly fled through a back door of the hotel without paying his $144 cab fare. State Police were dispatched to the complaint. They located Macedon PD paperwork related to the shoplifting arrest on the back seat of the cab. Elmore had used another person's ID with the Macedon PD. That person was located by troopers and interviewed. Troopers secured a photo of Elmore and shared it with Macedon PD who confirmed Elmore was the actual suspect in the shoplifting case. Elmore was located in a local hotel and arrested. At the time of his arrest, he allegedly possessed three packages of heroin. He was jailed on $800 bail.

Matthew Lilly, 25, of Marshall Road, Lyndonville, was arrested on a warrant. Lilly allegedly failed to appear on a disorderly conduct charge from April, 2014. He was jailed on $200 bail.

Gregory Scott Snyder, 46, of Alleghany Road, Darien, is charged with assault, 3rd. Snyder allegedly punched another person in the face during an argument reported 10 p.m. Thursday on Genesee Street, Alexander. The alleged victim was transported to Warsaw Hospital for treatment.

Cory Lynn Hyde, 33, of South Main Street, Mount Morris, is charged with disorderly conduct. Hyde was arrested on a warrant out of Town of Darien Court. He was jailed on $200 bail.

John Charles Siracuse III, 31, of Pringle Avenue, Batavia, is charged with falsely reporting information about an actual incident. Siracuse is accused of providing information about a motor-vehicle accident that wasn't truthful. The accident was reported at 3:20 p.m. Thursday on Lewiston Road.

A 17-year-old resident of North Main Street, Oakfield, is charged with harassment, 2nd. The youth is accused of striking another person while in a vehicle at 8:30 p.m. Tuesday in Oakfield.

Ryan Michael Bobzin, 26, of West Bergen Road, Bergen, is charged with petit larceny. Bobzin allegedly stole an Xbox Kinect with a value of $100 from a family member April 22. He was jailed on $1,500 bail or $3,000 bond.

Leslie Charles Sage, 47, of Wight Road, Basom, is charged with aggraveted unlicensed operation, 3rd, driving on a suspended registration and driving a vehicle without an inspection sticker. Sage was stopped 3:28 p.m. March 28 on Park Road, Batavia, by Deputy Joseph Corona. He was jailed on $1,000 bail or $2,000 bond.

Barbara A. Hofert, 54, of Washington Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater and obstructed license plate. Hofert was stopped at 7:54 p.m. Tuesday on Porter Avenue, Batavia, by Officer Mitchell Cowen.

Juan Pozotempan-Ahuejote, 37, of Wood Street, Batavia, is charged with menacing, 3rd. Pozotempan-Ahuejote allegedly threatened another person with a raised, clinched fist during an argument reported at 3:50 p.m., Wednesday. He was jailed on $3,000 or $6,000 bond.

TyAnna D. Green, 20 of Holland Avenue, Batavia, is charged with disorderly conduct. Green was allegedly involved in an incident in the parking lot of Dunn Tire at midnight, Thursday.

Winston A. Lockhart, 20, of East Main Street, Batavia, is charged with disorderly conduct and unlawful possession of marijuana. Lockhart was allegedly involved in the incident with Gree, above.

Brody A. Jorgenson, 20, of Ellicott Street, Batavia, is charged with possession of alcohol under age 21. Jorgenson was allegedly involved with an underage drinking party reported at 1:14 a.m. Sunday at 340 Ellicott St., Batavia. Also charged Joshua A. Wester, 20, of Ellicott Street, Batavia.

Leonard A. Johnson III, 22, of Holland Avenue, Batavia, is charged with assault, 3rd. Johnson was arrested as the result of an investigation into an incident reported April 29 on Holland Avenue.

Jennifer Lynne Judkins, 20, of Dodgeson Road, Alexander, is charged with petit larceny. Judkins allegedly stole $43 in clothing from Kmart.

Jason Andrew Barnhart Sr., 28, of Pratt Road, Batavia, is charged with petit larceny, criminal contempt, 2nd, and criminal trespass, 3rd. Barnhart allegedly stole two DVDs from Walmart, and in the process violated an order of protection and being restricted from the property.

Christine Aminta Soler, 37, of Phelps Road, Pembroke, is charged with harassment, 2nd. Soler allegedly struck another person during an argument at 2:41 p.m., Wednesday. 

Luke Paul Simmons, 18, of Harper Road, Corfu, is charged with unlawful possession of marijuana. Simmons was arrested by Deputy Kevin McCarthy following an investigation into a report of a suspicous vehicle on Route 20 at 9:19 p.m., April 24.

Orentheo Jamar Flowers, is charged with aggravated unlicensed operation and unlicensed operator. Flowers was arrested on a warrant for an alleged failure to appear on the charges.

Shayne Robert Patterson, 49, of Killian Road, Corfu, is charged wit DWI, driving with a BAC of .18 or greater and drinking in a motor vehicle. Patterson was stopped at 8:38 p.m. Monday by Deputy Joseph Corona.

Crystal L. Wojtkowiak, 19, of Attica, is charged with false reporting and obstructing governmental administration. Garry P. Pitz, 20, of Depew, is charged with false reporting, obstructing governmental administration, reckless driving and other traffic violations. Wojtkowiak allegedly claimed to be the driver of a 2004 black Chevorlet Blazer involved in a rollover accident April 12 on Bowen Road, Alexander. State Police investigated and determined Wojtkowiak wasn't in the vehicle at the time of the accident and that Pitz was the actual driver. Pitz was reportedly driving northbound no Bowen Road when he made an alleged unsafe start and lost control of the Blazer, causing it to go off the east shoulder. He then overcorrected and spun around, causing the vehicle to rollover, coming to rest in the field on the east side of the highway. No deer were involved.

John J. Haire, 67, of Chili Riga Center Road, Churchville, was charged with DWI and driving with a BAC of .18 or higher. Haire was arrested following a complaint of a man urinating in the Top's Market parking lot in the Village of Le Roy.

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