pembroke

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

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

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

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

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

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

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

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

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

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

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

The final, 66-64.

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

Top scorer for CSAT was Devin Ashley with 21 points.

Photos by Destin Danser.

For more photos and to purchase prints, click here.

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

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

Pembroke and Indian Falls fire departments responding.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Atkinson made no statement in court.

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

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

Submitted photo and press release:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                                              Twitter, https://twitter.com/pemgbb_pinkgame

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

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

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

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

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

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

No word on the extent of injuries, if any.

Pembroke and Indian Falls fire departments also responding.

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

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

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

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

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

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

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

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

Minor injuries are reported in a car vs. semi-truck accident at Route 77 and Route 6 in Pembroke.

Firefighters were needed to pry a door open to extricate a passenger.

A woman had a complaint of chest pain. 

Pembroke fire and Mercy EMS responded.

A reader provided this photo of a garbage truck the somehow got stuck in a ditch off of Route 5 near Route 77 about 2:30 p.m. A tow operator managed to pull the truck out of the ditch.

The Indian Falls United Methodist Church will host Genesee County's only drive-thru opportunity to see a live Nativity Scene. It's at Pembroke Town Park from 5:30 to 7:30 p.m. this Saturday, Dec. 2.

You and your family are welcome to experience the story of Christmas with live actors and animals while staying within the comfort of your own vehicle. Enjoy provided refreshments while a narrator leads you through the story of Christmas!

Plus, be entered for a chance to win a handmade Nativity decoration or a Christmas dinner!

Donations for the Corfu Food Pantry will be accepted and gratefully appreciated.

The park is located at 8799 Alleghany Road in Pembroke.

A house fire is reported at 865 Gabbey Road, Town of Pembroke. Several callers to dispatch, including the homeowner and neighbors, report flames coming from the residence. The location is between Lyman and Marble roads.

It is four-unit apartment complex, with heavy fire on the east side and no exposures, says a first responder on scene, noting a fire hydrant is in front. All residents are out.

National Grid is called to the scene. Pembroke and Indian Falls fire departments are called along with Darien, East Pembroke, Corfu, and Town of Batavia. Alabama is asked to send a tanker to the scene and a crew to fill in at Pembroke's Fire Hall. The city's Fast Team is also responding and its second platoon is to report to city headquarters.

UPDATE 9:56 p.m.: Pembroke command: "Fire knocked down; checking for extensions."

UPDATE 10:32 p.m.: Jamie Waff, chief of Pembroke Fire District, said shortly after 9 p.m. firefighters were called to a working house fire. When he arrived on scene the east side of the four-unit apartment building was engulfed in flames, which is where the "electrical bank" was located. But the fire had not spread upstairs. All tenants were out. Firefighters quickly made a "good attack" on the structure and were able to get out three pet cats who lived there. They knocked down the blaze and Waff said "very minimal damage" was done inside and minimal damage was sustained in the attack. Waff said, including stand-in and fill-in units, 10 fire companies responded. One tenant was not home at the time the fire broke out, but all residents will be displaced by the fire tonight. The county's Emergency Management Office is handling the situation. "The guys did an excellent job doing a knockdown on the second floor, pulling the ceilings down," Waff said.

Eddie L. Miles Jr. is indicted for the crime of unauthorized use of a vehicle in the second degree, a Class E felony. It is alleged that on May 18 in the City of Batavia that, knowing he did not have the owner's consent, he took, operated, exercised control over, rode in or otherwise used a vehicle -- a 2000 Mercury Sable. In count two, Miles is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying or resisting the lawful process or other mandate of a court. In Special Information filed by the District Attorney, Miles is accused of having been convicted of the crime of unauthorized use of a motor vehicle in the third degree, a Class A misdemeanor. The Special Information filing says he was convicted of that on Nov. 13, 2007, in Town of Pembroke Court, which was within 10 years of the crime alleged in count one of this indictment.

Garnet R. Lyon II is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Sept. 22 in the Town of Stafford that Lyon drove a 2002 Toyota on Route 237 while knowing or having reason to know that his license to drive in New York was suspended or otherwise withdrawn by authorities. It is also alleged that he was under the influence of alcohol or a drug at the time. In count two, the defendant is accused of DWI, per se, as a misdemeanor, for allegedly driving while intoxicated. In count three, Lyon is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 or more at the time.

Bryan B. Flanagan is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 13 in the Town of Darien that Flanagan drove a 2002 Chrysler on Route 77 while in an intoxicated condition. In count two, he is accused of DWI, per se, also as a Class E felony, for allegedly having a BAC of .08 or more at the time.

Nicholas E. Kaiser is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Aug. 13 Kaiser drove a 2017 Ford on West Main Street in the City of Batavia while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time.

A fire is reported in a wall of the Log Cabin Restaurant, 1227 Gilmore Road, Indian Falls.

Pembroke fire, Indian Falls fire, and City of Batavia Fast Team dispatched.

UPDATE 12:09 p.m.: Corfu dispatched mutual aid. Also, it's possible the fire is out.

UPDATE 12:14 p.m.: City fire can go back in service. Newstead fire requested to the scene. Additional manpower needed from Pembroke and Indian Falls.

UPDATE 12:16 p.m.: Newstead canceled.

UPDATE 12:18  p.m.: Fire is out. It was an electrical outlet in the kitchen. Health Department response requested because an extinguisher was used.

UPDATE 12:29 p.m.: Pembroke and Indian Falls back in service. The chief informs dispatch that staff was instructed not to use the kitchen until the Health Department inspector arrives.

Michael Alan Shetler, 27, of Judge Road, Oakfield, is charged with two counts of second-degree strangulation, five counts of criminal obstruction of breathing, two counts of third-degree assault, unlawful imprisonment, 2nd, and two counts of criminal mischief, 4th. Shetler was arrested following an investigation by Deputy Kevin Forsyth and Deputy Richard Schildwaster into several complaints of domestic violence at a location on Main Street, Oakfield. Shetler was also charged with endangering the welfare of a child. He was jailed on $5,000 bail.

Nicole Leanne Williams, 25, of Kings Street, Albion, is charged with DWI, driving with a BAC of .08 or greater, and driving left of pavement markings. Williams was stopped at 2:45 a.m. Sunday on Quaker Hill Road, Elba, by Deputy Howard Wilson.

Amy R. Sellhorst, 31, of Beaufort Street, Rochester, is charged with harassment, 2nd. Sellhorst is accused of hitting another person at a location on York Road, Le Roy, at 10:37 p.m. on Saturday.

Jason William Wolf, 41, of West Main Street Road, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, driving a vehicle without an interlock device, and improper left turn. Wolf was stopped at 8:23 p.m. Thursday on West Main Street Road, Batavia, by Deputy Richard Schildwaster.

Jaclyn Kathryn Blackmer, 32, of Cabot Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, open container, driving left of pavement markings, and moved from lane unsafely. Blackmer was stopped at 2:33 a.m. Saturday on Main Road, Pembroke by Deputy Mathew Clor.

Joseph M. Smith, 41, of State Street, Batavia, was arrested on a warrant. Smith posted bail and was released.

Alaysia L. Henderson, 18, of Gardiner Avenue, Rochester, was arrested on a warrant for alleged failure to appear. Henderson was released on $500 bail.

Christina R. Aaron, 21, of Rochester, is charged with unlawful possession of marijuana and speeding. Aaron was stopped by State Police at 11:51 p.m. Friday on Route 33, Bergen.

Heather M. Captain, 31, of Basom, is charged with harassment, 2nd. Captain was arrested by State Police in relation to an incident reported at 8:35 p.m. Aug. 27 in the Town of Alabama. No further details released.

Crystal D. Cardona, 27, of Bergen, is charged with unlawful possession of marijuana. Cardona was stopped by State Police at 1:55 p.m. Nov. 7 on Route 33, Bergen.

A car vs. deer accident with minor injuries is reported at 1315 Main Road, Corfu. Smoke is coming from a vehicle. Pembroke Fire Department is responding. The location is between Route 77 and Boyce Road. There is "debris all over the roadway," according to a first responder on scene.