pembroke

A van has reportedly left the roadway and struck a tree in the area of mile marker 404.6 in the eastbound lane of the Thruway.

Unknown injuries.

Pembroke Fire, Indian Falls FIre, and Mercy EMS dispatched.

UPDATE 1:50 a.m.: No injuries. 

A vacant lot on Snipery Road in Pembroke is up for sale, but a search and survey process recently uncovered a surprise 133 years in the making.

As it turns out, a small portion of the property’s northwest corner is part of the tax map — but it is not part of the title.

This is according to the minutes of last week’s Pembroke Town Board meeting.

“Search work was done on this little parcel, and a deed was discovered from 1890 showing ownership to the Highway Commissioners of the Town of Pembroke,” according to the minutes.

“There was no other title or deed found moving the property out of the hands of the Highway Commissioners of the Town of Pembroke. We checked all public records, and due to the time frame, there are no records on file of the town owning the property and no board minutes since the Town Board minutes don’t begin until 1911.”

Board members were also informed that the current adjoining property owner has paid taxes on the property for an undisclosed number of years. To clear up the search and survey, and deed, the town must sell the property back to the adjoining property owner for a nominal fee.

Town Supervisor Thomas Schneider Jr. will speak with Town Assessor Tina Rados at an undisclosed time to get a value. Board members must pass a resolution by permissive referendum to finalize the sale, according to the minutes.

According to a recently filed lawsuit, four Pembroke residents lived in the same home on Scribner Road, but it fell into a sinkhole, allegedly due to activities at the nearby Akron Quarry.

Those people — Gene and Tracy Nati, as well as Daniel and Brittany Hill — had no choice but to abandon their house. They recently filed a lawsuit against the Town of Pembroke and Erie and Genesee counties. The four said those town and county leaders committed negligence. The Hills and the Natis want more than $1 million in damages.

The lawsuit said those local leaders oversaw the quarry and expanded the scope and frequency of its operations, “including the drawdown of groundwater and blasting,” even knowing they could damage private properties.

“On August 7, 2022, claimants heard cracking and popping sounds at approximately 6:30 a.m. Claimants then noticed the windows and doors in their home would not open or shut properly. They discovered cracking in their land, driveway, and foundation, and they observed that the home appeared to be sinking into the earth,” according to their lawsuit.

“Accordingly, claimants notified the authorities, and the Town of Pembroke condemned the home as unfit for occupancy. It is no longer safe for residential purposes. As a result of the towns' and/or counties' negligence and reckless conduct in permitting the expansion and continuation of the quarry's activities, the whole or in part, a direct and proximate result of the negligent and reckless acts of the towns, counties, their agents, and/or employees.”

The four Pembroke residents said their property suffered severely reduced property values and other damages that they believe exceed $1 million.

Buffalo attorneys Thomas D. Lyons and Charles C. Ritter, Jr. represent the four Pembroke residents.

Pembroke Town Board members discussed the lawsuit at last Thursday’s regularly scheduled board meeting — but only behind closed doors.

“Due to pending litigation, no further discussion will be held in open forum,” the meeting’s minutes read.

The Batavian’s attempts on Monday to contact Pembroke officials about the lawsuit were unsuccessful.

Photos: File photos by Alecia Kaus/Video News Service.

There is a vehicle into the median in the area of mile marker 402, eastbound, on the Thruway.

Unknown injuries.

Pembroke Fire and Indian Falls fire departments, along with Mercy EMS responding.

Submitted story and photos.

The Elba/OA Lancers got off to a strong start with a 192-286 win over the visiting Pembroke Dragons at Batavia Country Club on Thursday.

Elba/OA senior Jake Walczak earned medalist honors with a round of 40, while  Elba/OA freshman Eli Loysen (46) and Jada Fite (48) both had strong rounds as well.

The Dragons were led by Cody Captain with a round of 56.

The Lancers are now 1-0 on the season, while the Dragons fall to 0-2.

Photo: Elba/OA Senior Jake Walczak teeing off 10 at Batavia CC

Yesterday's sunset in Indian Falls.

Photo by JoAnne Meiser.

Two members of the Section V Champion Pembroke Dragons were honored on Wednesday night at the team's season-ending banquet.

Cayden Pfalzer, left, was recognized for becoming the team's all-time leading scorer with 1,180 points and the team's all-time leading three-point shooter with 180 baskets from behind the arc.  Jon Suro was also recognized for becoming the school's all-time assists leader with 360.

Photo and info submitted by Coach Matthew Shay.

Kyle J. Schroeder, 26, of Clinton Street Road, Batavia, was arrested on four bench warrants issued by Batavia City Court on March 22 by Officer Wesley Rissinger. The bench warrants stem from four separate incidents.  Schroeder is accused of entering a residence on April 23 on Liberty Street, Batavia, and stealing a pack of cigarettes. He was arrested on April 24 and issued an appearance ticket. Schroeder was arrested on April 29 and accused of driving while under the influence of drugs and of criminal possession of a controlled substance 7th. He was arraigned in City Court and released. Schroeder was arrested on Aug. 25 after patrols were dispatched to the rear of a business on East Main Street to check a report of a man "tweaking out."  After being identified, Schroeder was arrested on bench warrants for alleged failure to appear. He was also charged with criminal possession of a controlled substance 7th after allegedly being found in possession of crack pipes and baggies. He was arraigned in City Court and released. Schroeder was arrested on Oct. 20 on a charge of criminal mischief while at court on another matter. Schroeder allegedly kicked and damaged an electrical lock box on the exterior of a business on Jackson Street so he could charge a mobile phone.  He was arraigned and released under supervision. On Jan. 28, Schroeder was arrested on multiple warrants related to the previous arrests.  Following his arrest on March 22, Schroeder was arraigned in Centralized Arraignment Court. His release status is unknown.

Christine M. Caplis, 42, of Clinton Street Roa, Batavia, is accused of failure to appear and was arrested on a bench warrant on March 23 by Officer Sam Freeman. Caplis was arrested after Freeman spotted her walking on Summit Street in Batavia. She is accused of failure to pay for services at a local restaurant on Nov. 5., 2021. She was arrested on six subsequent bench warrants related to the original charge. Arrest dates: Dec. 28, 2021, June 26, 2022, Aug. 13, 2022, Sept. 18, 2022, Oct. 7, 2022, and Feb. 18, 2023. Following her arrest on March 23, Caplis was arraigned in Centralized Arraignment Court, and her release status is unknown.

Marquis K. Saddler, 32, of Post Avenue, Rochester, is charged with tampering with evidence, criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, failing to yield to an emergency vehicle and illegal turn signal. Saddler is accused of throwing a narcotic out of the driver's side window during a traffic stop on March 13 at an unspecified time on Naramore Drive. Saddler was arraigned in Centralized Arraignment Court and held in the Genesee County Jail.

Alexander C. Schwartz, 27, of Harwin Drive, Rochester, was arrested on a bench warrant for failing to appear and is charged with bail jumping 3rd. Officer Kevin Defelice arrest Schwartz on March 22. Schwartz was transported from the Niagara County Jail to Batavia City Court, where he was arraigned and remanded to the Genesee County Jail in lieu of bail.  Schwartz was first arrested on Nov. 13 and charged with aggravated unlicensed operation 1st and speeding.

Jamie L. Broadbent, 40, of W Main Street, Batavia, was arrested on a bench warrant. Broadbent is accused of failure to appear on a grand larceny 4th charge. She was arrested Sept. 10 for allegedly stealing an electric bicycle. She was issued an appearance ticket and is accused of failing to appear as ordered to answer to the charge. She was arrested on the warrant by Office Megan Crossett on March 21.

James A. Reinhardt, 54, of South Lake Road, Corfu, is charged with aggravated DWI, failure to keep right, moving from lane unsafely, and failing to use designated lane. Reinhardt was stopped at 2:22 a.m. on March 18 on West Main Street, Batavia, by Officer John Gombos. Reinhardt was issued an appearance ticket.

Joanne M. Robbins-Lockwood, 55, of Bank Street, Batavia, is charged with DWI and operating with no headlights. Robbins-Lockwood was stopped at 9:20 p.m. on March 17 on Ross Street, Batavia, by Officer John Gombos. She was issued an appearance ticket and released.

Johnney L. Shannon, 64, of Creek Road, Batavia, is charged with criminal possession of a controlled 7th. Shannon was stopped on Washington Avenue on March 19 by Officer John Gombos. Gombos requested the assistance of Officer Stephen Quider and K-9 Batu. Shannon was allegedly found in possession of several bags of narcotics inside the vehicle. Also arrested and charged with criminal possession of a controlled 7th was Loretta L. Baer, 51, of Wood Street, Batavia. Both were released on appearance tickets.

Haley M. Larnder, 23, of River Street, Batavia, is charged with criminal possession of a controlled 7th. While arresting Larnder on a bench warrant, Officer Wesley Rissinger allegedly found Larnder in possession of a narcotic. Larnder was issued an appearance ticket and turned over to the Sheriff's Office on the warrant.

Michael S. Veihdeffer, 50, of South Royal Parkway, Lockport, is charged with DWI and equipment violations. Veihdeffer was stopped at 1:45 a.m. on March 19 on West Main Street Road by Officer Joseph Weglarski. He was issued an appearance ticket and released to a third party.

Curtis Middlebrooks, Jr., 33, of Bloomingdale Road, Alabama, is charged with harassment 2nd. Middlebrooks was arrested by Deputy Jonathan Dimming in connection with an incident reported at 6:55 p.m., March 18, on Bloomingdale Road, Alabama. No information was released on the nature of the incident. He was arraigned in Centralized Arraignment Court and released on his own recognizance.

Brian Carl Valyear, 18, of Alexander Road, Alexander, is charged with DWI and driving with a BAC of .08 or greater. Valyear was arrested at 12:27 a.m., March 18, on Alexander Road, by Deputy Trevor Sherwood after Sherwood was dispatched to investigate a report of a vehicle blocking the roadway.  Valyear was released on an appearance ticket.

Jason Howard Freeman, 41, of South Spruce Street, Batavia, is charged with criminal possession of a controlled substance 7th. Freeman is accused of possessing narcotics when he was taken into custody on an unrelated charge on Nov. 2 on West Main Street, Batavia. He was issued an appearance ticket.

Weldon Jarreau Ervin, 31, is charged with assault 34d and unauthorized use of a motor vehicle. Ervin is accused of recklessly causing an injury to another person during a disturbance reported at 8:30 a.m., March 26, at a location on Alleghany Road, Pembroke. He also allegedly took the vehicle of another person without permission.  He was ordered to appear at a later date in Town of Pembroke Court.

Jason S. Hall, 33, of Medina, and Terry L. Depoty, 34, of Albion, are both charged with grand larceny 4th and criminal possession of stolen property 4th.  Hall and Depoty were arrested by State Police in connection with an incident reported in the Town of Batavia at 11:20 a.m., March 29.  Hall was released on an appearance ticket and Depoty was ordered held in jail. The State Police did not release more information on the arrests.

Michael J. Mess, 30, of Alexander, is charged with grand larceny 3rd and insurance fraud. Mess was arrested by State Police in connection with an incident reported at 9:30 a.m. on March 15. He was released on his own recognizance. The State Police did not release any further information.

Greg Kinal taught social studies at Pembroke High School for 52 years.  He's also a history buff, and after his retirement in 2022, for another project, he compiled a history of the school district.  He provided The Batavian with a timeline of the district's history to share with readers.

The Pembroke Central School District- A Timeline

CORFU

• In the 19th century, rural schoolhouses were strewn across towns and villages. They usually consisted of one-room buildings with a single teacher to teach a number of grade levels.
• In 1811, the first school opened in the Town of Pembroke. It was private and was operated by Anna Horton. She ran it in her home in the village of Long’s Corners, now named Corfu.
• In 1814, a village meeting was held to determine the future of education in the village. The meeting was held at the home of Josiah Lee, who was part of a team to accomplish this.
• By 1819, a log schoolhouse existed on what is today Alleghany Road, the present site of the Pembroke Intermediate School.
• The year 1820 saw the first public school open in the village of Long’s Corners.
• The 1860s witnessed Long’s Corners now being called Corfu. In 1867, a new schoolhouse was located in Corfu at 39 South Alleghany Road. James McGraw was the teacher as well as the head of the fledgling district.
• Twenty years later, the Corfu residents planned a new school. However, there were complications. The school would be built where an existed cemetery was located. So, in 1881, graves were relocated so the new school could be built. The location is the present site of the Intermediate School. The new building was a two-story wood-frame structure with three classrooms on the first floor and a large room upstairs for the high school. The Corfu residents were proud to witness the graduating class in 1884 of just four girls.
• The 20th century witnessed more school expansion. In 1906, a two-story addition was added to house another elementary classroom, a cloakroom downstairs, another high school room, and a new principal’s office.
• On June 13, 1906, the Corfu school became an accredited high school and was then known as the Corfu Union Free School District.
• (Note: A common school district is a school district first created by legislative action back in 1812 to operate elementary schools (kindergarten through eighth grade). Even though they lack the authority to operate a high school, common school districts remain responsible for ensuring a secondary education for their resident children. The term union free school has nothing to do with unions of any kind. A union free school district is a school district generally formed from one or more common school districts to operate a high school program, which common school districts cannot do.)
• The Corfu school became a teacher training center between 1913 and 1916, to help supply teachers to rural grade schools.
• In 1930, a moveable building was added to the rear of the Corfu school at a cost of $2,500.
• In the middle of the Great Depression, the Corfu Union Free School District believed a completely new building was needed to deal with a growing population. The District hired architects Harbach and Kideney to produce plans for the new school. The cost of the new school was $156,363. The new school would be funded in a number of ways. $70,363, or about half the cost would come from a New Deal program called the Public Works Administration, with $86,000 coming from a bond issue paid for by taxpayers.
• The District believed the best location for the new building would be directly behind the school built in 1881. Ground was broken in January 1935 and the new school was completed on February 1, 1937. The old school was leveled shortly after the new school opened. The Batavia Daily News reported that the new building was a “two-story fireproof structure of red brick trimmed with Indiana limestone, 158 feet wide across the front and 56 feet on the ends and 100 feet deep in the center where the auditorium is located.” This building could house 350 students. In 1940, a new auditorium was added.

EAST PEMBROKE

• In 1856, a number of “interested and generous citizens” met and pledged $3,413 toward the building of a new school in East Pembroke.
• On October 7, 1856, the Old Rural Seminary opened on School Street in East Pembroke on an acre of land donated by Rev. Daniel C. Houghton. The previous March, 15 trustees were elected to oversee the running of the school.
• The new school had a principal named I.A. McFarlane, who was paid $600 for his services, and the teaching staff included Helen Page, Elizabeth Rich, and Helen A. Gould. In today’s world, McFarlane’s salary would be a lot higher, and there would be many more teachers.
• Changes occurred toward the end of the century. In 1893, the Old Rural Seminary became the East Pembroke Union Free School. They could now operate a high school program.
• Like other rural areas, East Pembroke was broken up, education-wise, into Districts that led to some consolidation. In the late 1890s, repairs were made to the East Pembroke school building at a cost of $600, and in June 1897, the East Pembroke High School graduated its first class of one member, Leona Seamans.
• The East Pembroke School was a site to behold. The two-story structure had a cupola on top with a bell. Boys entered the building in one entrance and girls at the other.

CORFU-EAST PEMBROKE CENTRAL SCHOOL DISTRICT

• In 1938, the New York State Education Department required that rural school districts be consolidated into centralized districts.
• Corfu and East Pembroke each had to prepare their own consolidation plans. However, their plan was negated and the State mandated they join both school buildings into one district.
• The plan instructed that the existing Corfu building would house grades 1-12. Then, a new building would be built in East Pembroke to house grades 1-9. Grades 10-12 at the existing East Pembroke School would be bused to Corfu.
• On September 7, 1938, the Corfu Union Free School and the East Pembroke Union Free School officially became centralized.
• The two schools, plus the 18 rural districts from the towns of Pembroke, Darien, Batavia, and Alexander, would now make up the new Corfu-East Pembroke School District.
• The Public Works Administration (PWA) would once again play a role in the Corfu-East Pembroke District. The Batavia Daily News reported on September 30, 1938, that “controversy over school centralization in the Town of Pembroke appeared ended today with the approval of a $340,000 bond issue for construction of a combination junior high and grade school at East Pembroke and an addition to the present Corfu High School.” The $340,000 bond issue represented only 55 percent of the total cost, with the remaining 45 percent to be furnished by the PWA.
• This building project for the school also included the construction of a bus garage, the purchase of school equipment, and acquiring land for the school and athletic field on West Avenue in East Pembroke. Also included in this monetary package were funds for the Corfu school to purchase land for an athletic field.
• The East Pembroke School construction began on December 27, 1938, with numerous speakers, including Master of Ceremonies, and Principal Laurence B. Lane.
• The East Pembroke School was completed for the 1940 school year. In 1958, the schools were realigned, and East Pembroke became a K-6 building, while Corfu maintained its K-12 status. (Note: Historian Lois Brockway said kindergarten did not come to Pembroke until 1949).
• In the early 1960s, school overcrowding led to the Corfu and East Pembroke Grange halls being used for 6th-grade classes. Also, the growing student enrollment meant that regular school hours had to be adjusted. The Corfu High School went on split sessions during the 1960s, with grades 9-12 attending classes from 7:55 a.m. to 12:25 p.m. and grades 6-8 attending classes from 12:30 p.m. to 4:45 p.m.
• With the new buildings, students had physical education classes in the gymnasium instead of recess and playing games outdoors. Buses were now used to pick up and drop off students at their houses.

PEMBROKE CENTRAL SCHOOL

• The student population increased in the Pembroke district, and officials realized a new high school needed to be built. The new school would be built at the corner of Routes 5 and 77. Ground was broken in August 1962, and the new junior/senior high school opened its doors in January 1964. The district principal (now called superintendent) was Laurence B. Lane.
• The Pembroke Central School became a 7-12 building and could hold 800 students. The Corfu and East Pembroke buildings each became K-6 buildings.
• The late 1960s brought about more improvements in the district’s buildings. An addition was added to the East Pembroke School, which opened in 1967, and a large lecture hall (the Round Room), and 17 instructional classrooms (the 500 wing) were added to the high school, along with a swimming pool, library research center, guidance offices, and a cafeteria.
• The elementary schools saw a major educational change in 1971. The new superintendent, Dr. Richard Nealon, along with the Board of Education, decided that elementary students’ education would be better served by having the East Pembroke School be a K-2 building and the Corfu building serve as a 3-6 building, becoming the Pembroke Intermediate School.
• This move was not popular. Some teachers in both schools chose to retire rather than switch buildings.
• With the 1970s came more improvements. In 1972, the Wilson Choate Outdoor Education Area was dedicated along with the Kip Mantor football field.
• On June 10, 1987, Pembroke Central School suffered a horrible tragedy. Three Pembroke students and their Driver Education teacher were killed in a DWI accident. The following year, Pembroke’s Redesign Team, part of the Art Department, created a memorial sign to be placed in front of the school. The Pembroke Community Rainbow Memorial Committee, including students, school and community members, constructed this memorial. Dedicated in 1988, it serves as a reminder of the tragedy, as well as a marquee for school events. In 2022, the memorial’s marquee was upgraded to an LED digital sign, bringing a beautiful addition to the front of the school.
• The last major renovation at Pembroke Central School came in 2008. Taxpayers passed a $25 million bond issue to upgrade the three buildings. It took two years to complete. In those two years, infrastructure upgrades were done at the Primary and Intermediate schools, including heating, ventilation, air conditioning, electrical and lighting and plumbing. The high school received most of the updates. Tiles were replaced, and new ceilings, lighting, and floors were installed as well. New boilers were also on the list for refurbishing, along with upgrades to the technology and home economics room. The “Round Room” was turned into an art and music center, the auditorium was air-conditioned, new offices were built, and a new library complex was added.
• The Pembroke community has a lot to be proud of with its school community. They have come a long way from Anna Horton’s 1811 school in her home, to our modern educational facilities of today. One wonders what the future holds for this dynamic community that has always risen to the challenge of caring for our most precious commodity: our children.

Submitted photos:  Top photo, students at Pembroke High School in a typing class in the 1970s.

Pembroke High School under construction in 1963.

Corfu High School.

East Pembroke Seminary.

Pembroke High School students in the 1970s.

Jessica L. Holtz, 39, of Austin Street, Rochester, was arrested on two bench warrants out of City Court. The first bench warrant stems from a petit larceny charge at Kwik Fill, 99 Jackson St., on Nov. 18, 2021. She was issued an appearance ticket at the time of her arrest on Nov. 27, 2021. She was subsequently arrested for alleged failure to appear on Feb. 2, 2022. She was arraigned in City Court and released. She was subsequently arrested on May 1 for alleged failure to appear. She was arrested again on Jan. 29 for alleged failure to appear and arraigned in Centralized Arraignment Court, release status unknown.   The second warrant stems from a petit larceny from a church on South Swan Street on Nov. 27, 2021. She was arrested on a warrant on Feb. 2, 2022, arraigned in City Court and released. She was arrested on May 1 and on Jan. 29 for alleged failure to appear on that charge. She was again arrested on March 11 on both warrants. She was arraigned in Centralized Arraignment Court. Her release status is unknown.

Alexandro Rodriguez, 26,  of East Main Street, Batavia, is charged with criminal contempt 1st. Rodriguez allegedly violated an order of protection during a disturbance at a location on East Main Street on March 9 at an undisclosed time. He was arraigned in City Court on his own recognizance.

James N. Laurich, 37, of Buffalo Road, East Aurora, is charged with DWI, aggravated unlicensed operation 3rd, unlicensed driver, and open alcohol container in a motor vehicle. Laurich was arrested by Officer John Gombos on March 11 following an investigation into a disturbance at an undisclosed location and an undisclosed time. Laurich was stopped on Washington Avenue. He allegedly failed a field sobriety test. He was processed at Batavia PD and issued traffic tickets.

Carolyn L. Kurek, 80, of State Street, Batavia, is charged with harassment 2nd. Kurek is accused of shoving another person during a disturbance on State Street at an undisclosed time on March 10. She was issued an appearance ticket.

Shawn Lewis Anderson, 42, of Linwood Road, Le Roy, is charged with DWI, unregistered motor vehicle, unlicensed operation, uninspected motor vehicle, and moving from lane unsafely.  Anderson was arrested following an investigation by Deputy Travis Demuth into a single-vehicle rollover accident on Linwood Road at 1:51 p.m. on March 14. Anderson was issued traffic tickets.

Steven Andrew Wasielewski, 39, of Phelps Road, Pembroke, is charged with criminal contempt 1st and assault 3rd. Wasielewski is accused of violating an order of protection and hitting another person, causing an injury at 10:07 p.m. on March 19 at a location on Phelps Road in Pembroke. His release status was not provided.

Mark Samuel Robbins, 41, of South Lake Avenue, Bergen, is charged with two counts of harassment 2nd.  Robbins is accused of shoving one person and striking another during a disturbance reported at 9:44 p.m. on March 16 at a location on South Lake Avenue, Bergen.  Robbins was issued an appearance ticket.

Delonta R. Curry is indicted on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. Curry is accused of possessing a weapon on school grounds in the City of Batavia on Feb. 22 with the intent to use the weapon against another person.

James J. Santiago Jr., is indicted on one count of failure to register a change of address as a sex offender, a Class E felony. Santiago is accused of failure to notify the NYS Division of Criminal Justice of a change of address within the required 10 days for a registered sex offender in July.

Isaac C. King is indicted on counts of criminal contempt in the first degree, a Class E felony and aggravated family offense, a Class E felony. King is accused of making repeated phone calls to a victim in violation of a court order in December in the Town of Pembroke.

Jarrod K. Fotathis is indicted on counts of grand larceny in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, criminal possession of stolen property in the fourth degree, a Class E felony, petit larceny, a Class A misdemeanor, and unlawful possession of personal identification in the third degree., a Class A misdemeanor. Fotathis is accused of stealing a credit card in the City of Batavia on Sept. 2. He is also accused of stealing cash from the same victim. In a second indictment, Fotathis is indicted on counts of identity theft in the second degree, a Class E felony and petit larceny, a Class A misdemeanor. Sometime on Feb. 3 or Feb. 4, Fotathis allegedly used a person's identity of a second victim to make purchases of $670.77 using that person's debit card. He also allegedly stole an Amazon Fire Stick. 

Jeffrey A. Hewitt is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, aggravated unlicensed operation in the first degree, a Class E felony, criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and driving while ability impaired by drugs. On Sept. 25, Hewitt was allegedly found in possession of a metal knuckle knife. On that date, he was allegedly driving a 2009 Infinity while his driving privileges were suspended or revoked. He was allegedly found in possession of cocaine. 

Rufus G. Johnson is indicted on a count of burglary in the third degree, a Class D felony, and two counts of petit larceny, a Class A misdemeanor. Johnson is accused of entering Walmart at 4133 Veterans Memorial Drive on Oct. 8 with the intent to commit a crime inside the building. He is accused of stealing property while inside the store.

Johnnie M. Waston is indicted on a count of criminal mischief in the third degree, a Class E felony. Waston is accused of damaging the windshield of a 2017 Nissan Murano belonging to another person on July 21.

Jason S. Neth is indicted on counts of unlawful imprisonment in the first degree, a Class E felony, and leaving the scene of an incident without reporting, a Class E felony.  Neth is accused of restraining a person under circumstances that exposed the person to risk of serious physical injury in the Town of Darien on June 11. He is accused of operating a motor vehicle and having caused serious physical injury to another person and leaving the scene.

An attorney for Scott Doll, convicted of murder in 2010, thinks there are questions about the case that deserve answers, but the looming question is whether he convinced a judge in Genesee County on Friday that the law allows for those questions to be asked in a hearing.

"We have too many questions in this case, too many whys," said Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, near the end of a nearly 90-minute hearing before Judge Sanford Church. 

"Scott Doll was sentenced to 15 years to life. He has served 13 years in prison. There are questions about significant evidence, whether it was collected or not, and questions about DNA at the scene when the theory of the prosecution was that Scott Doll was the sole person who committed the crime.

"There is some evidence of another person present," he added. "There is an unknown footprint in the snow.

"We should be interested in the answers to these questions. We shouldn't have these questions floating around in a case as serious as this, what was or was not collected when it was testified that it was? Why was there DNA there that is not the victim's and not Mr. Doll's? We're not sure. There is absolutely enough evidence and enough questions as to what happened in this case to warrant a hearing."

Whether there is enough evidence, and new evidence at that, to warrant a hearing under Criminal Procedure Law Article 440 is one of the questions that Church must answer.  

Deal and Assistant District Attorney William Zickl provided him with passages from the statute that seem contradictory.

On one hand, Church shouldn't decide whether the evidence that might be presented at a hearing would lead him to overturn Doll's conviction. There is case law that says that the quality of the evidence shouldn't be the deciding factor. The language of 440 says he can order the hearing purely "in the interest of justice." 

On the other hand, Zickl argued, the defense failed to make the case that there is any basis to hold a hearing under the language of the statute.  The pleading is deficient in substance and substantiation and therefore fails to meet the standards to proceed with the motion, according to the language of CPL 440.

Doll, 60, formerly of Corfu, was convicted in a jury trial of murder in the beating death of former business partner Joseph Benaquist. During the trial and for the past 13 years, Doll has maintained he didn't kill Benaquist.  He wants a chance to prove to a new jury that there is evidence that somebody else was at the scene of the murder before he arrived and found Benaquist already dead.

Church, who is a judge in Orleans County, is hearing the case because County Court Judge Melissa Lightcap Cianfrini recused herself over a conflict of interest.  She formerly worked in the District Attorney's Office at the time of Doll's trial and subsequent motions.

The new facts Deal is asking Church to consider as new evidence is an apparent admission by Scott LaPoint, a deputy medical examiner in Monroe County, that it was policy and normal procedure to collect fingernail scrapings from a victim in a murder case. That didn't happen in the Doll case.  

Also, Deal says, new DNA tests of one of Doll's family members and two of Benaquist's do not match third-party DNA found on one of the victim's boots.

Deal is trying to thread a needle, and Church asked some seemingly skeptical questions.

A motion to vacate Doll's conviction must be based on new evidence.

In 2016, a motion to vacate was made on the discovery that, contrary to LaPoint's testimony at trial, no fingernail scrapings were taken from Benaquist. Based on defense motions during the appeal process, new testing of the blood-spattered clothing from the crime scene was ordered by Judge Robert Noonan.  That led to the discover of DNA that apparently matches neither Doll nor Benaquist.

So, the jury did not know that there were no fingernail scrapings taken from Benaquist and the jury did not know that about the possibility of third-party DNA at the scene of the crime.

That motion to vacate based on these then-new discoveries was rejected by then interim County Court Judge Michael F. Pietruszka on the ground that if the new evidence had been available to the jury, it wouldn't have led to an acquittal for Doll.

Doll lost subsequent appeals of Pietruszka's decision.

Since those two facts have been adjudicated, they can no longer be considered "new evidence."

That leaves Deal arguing that what Pietruszka didn't know at the time of his decision was that, by policy and procedure in the Monroe County Medical Examiner's Office, LaPoint should have collected fingernail scrapings. The fact that LaPoint didn't, despite the policy and usual practice, raises a question as to why, and that question deserves an answer that can only be obtained in a hearing, Deal reasoned.

Church wanted to know if Deal was implying something underhanded went on in the case, and Deal walked carefully around that question.

"What we need is a hearing to fully explore what happened with that evidence," Deal said. "Why wasn't it collected? What if anything is going on, or is it something else? We don't know, and we should know. This is a man's life."

Church accused Deal of a fishing expedition, and Deal said that isn't the case. 

"If we have a hearing, Mr. LaPoint comes in and testifies under oath, bringing his notes, bring whatever else might be related, to help his recollection," Deal said.

The DNA comparison from relatives of the defendant and victim is significant, Deal said, because it means some person unknown to the defendant was at the scene of the murder, substantiating Doll's claim that he wasn't there at the time of the murder.

According to Zickl, none of this represents new evidence; to the degree that it does or might, it is of minimal importance, he said.

First, Zickl argued that Deal's motion is insufficient on technical grounds. The information from LaPoint about policies and procedures isn't in the form of an affidavit, and the same is true of the new DNA results.

"It is required that the defendant support his motion and substantiate all essential facts of his claim," Zickl said. "That substantiation has not occurred based on these papers."

Beyond that, even if Doll were granted a new trial and LaPoint testified that yes, fingernail scrapings should have been taken, and no, they weren't, and he didn't know why, that wouldn't persuade a jury to reach a different verdict faced with the overwhelming physical evidence of Doll's guilt.

The jury heard testimony in 2010 that the fingernail scrapings were not tested for DNA. The only thing that's changed is that LaPoint was mistaken, Zickl said, in testifying that fingernail scrapings were taken when they were not.

The defense had the opportunity before the trial to request a test on the scrapings. The defense did not make such a request.

Benaquist was murdered, beaten to death, on Feb. 16, 2009, in the driveway of his home in Pembroke. Before his body was found, a deputy came across Doll walking on South Lake Road in a jumpsuit covered in blood.  At trial, a blood spatter expert testified that the patterns of blood on Doll's clothing and face were consistent with an assault on another person.

Deal has noted that Benaquist had defensive wounds on his hands, but Doll was found to have sustained no injuries the night of the murder.

As for the third-party DNA, Zickl said the Medical Examiner's report does not conclude that the DNA comes from blood and that it is mixed in with Benaquist's blood.  It's not as clear cut as Deal asserts that there was third-party blood on Benquist's boot.

Deal wants a hearing, also, so the DNA sample can be submitted to a national crime database to see if it matches anybody in that database.  That would answer the question, perhaps, of who else was at the murder scene, Deal said. Zickl said the fragment of DNA isn't of sufficient quality for that kind of test. Deal said it was sufficient enough to know it didn't match the family members tested.

Zickl said, based on Noonan's order during the previous appeal, that the defense requested dozens of new areas on clothing be tested.

"Out of the dozens of areas, this one area produced this fragment of DNA that could not be attributed to the defendant or the victim, though Joseph Benaquist is a major contributor of the sample that includes this biological substance. We don't know how, why, or even what this biological substance comprised."

Deal said in his papers and mentioned it again during Friday's hearing that a blood splatter expert has stated the DNA sample could have only arrived on Benaquist's boot at the time of a struggle. 

Zickl implicitly disputed that claim.

"There is so much not known about this fragment," Zickl added. "We don't know when it was deposited, who, or what it is."

Despite Zickl's insistence that the abundance of evidence points to Scott Doll's guilt and nothing new has been presented that would suggest he didn't kill Joseph Benaquist, Deal maintained that Doll deserves a legally substantiated answer to the questions that still dangle in the case.

"When you stand back and look at all the pieces, there are good reasons to believe that someone else was at this crime scene when this crime occurred," Deal said.

Many members of Doll's family attended the hearing. After the hearing, Dawn Doll, Scott's step-sister, leaned over to a reporter and said, "There is a murderer out there who is free."

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

While the Pembroke Dragons are Class C2 champions in Boys Basketball, their season ended on Thursday in the state qualifier game, consolidating Section V's Class C trophy winners into one team that advances.

The Dragons lost to Lyons 59-56.

No statistics were submitted for the game.

Photos by Jessica Pfalzer

NOTE: Story updated at 10 a.m. to include additional background on the murder.

In the nearly 13 years since his conviction for murder in the second degree in the bludgeoning death of his former business partner Joseph Benaquist, Scott F. Doll, now 60 years of age, has filed multiple appeals.

A judge will consider whether he can proceed with a new motion to vacate his May 2010 conviction at a hearing on Friday.

Shortly before 9 p.m. on Feb. 16, 2009, Doll was found by Deputy James Diehl walking on North Lake Road, Pembroke. Doll had what appeared to be blood on his clothing. Later blood was also found on a vehicle he had been driving. At trial, a blood spatter expert testified the pattern of blood on Doll's clothing and face was consistent with a physical altercation.

Sheriff's investigators responded, and Doll was detained and questioned.  Investigators felt convinced there was a human victim of a crime and wanted to know where that victim might be.

At 1:30 a.m., Benaquist's body was found in the driveway of his home. He had suffered head trauma, and there was a substantial amount of blood at the scene.

While investigators concluded a weapon had been used to beat Benaquist, no weapon was ever recovered.

Doll was prosecuted by now-retired District Attorney Lawrence Friedman, and Doll's lead defense attorney was Paul Cambria. The jury trial lasted from May 3 to May 20, 2010.  Doll was sentenced on July 2, 2010, by Judge Robert Noonan, now retired, to 15 years to life.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed this latest motion on Doll's behalf on Oct. 19.

The motion, which must show there is new evidence not available at trial, is largely based on an investigation conducted by a private investigator, Tony Olivio, of Buffalo, that included interviewing 18 witnesses, the review of hundreds of pages of police reports and documents, and collecting DNA samples from family members of Doll and Benaquist.

Deal argues that Monroe County Medical Examiner Scott F. LaPoint mistakenly testified at trial in 2010 that fingernail clippings from Benaquist were examined for evidence. That isn't new evidence. That issue was raised by Doll in a 2016 appeal, which he lost.  What is new, apparently, is that Olivio interviewed LaPoint as part of his investigation, and LaPoint had no clear explanation for why standard procedure wasn't followed in this case.

There was also third-party DNA found on the boot of Benaquist, a fact not discovered prior to Doll's murder trial. This, too, was part of the 2016 appeal.  The new evidence appears to be DNA tests that eliminate one of Doll's family members and two of Benaquist's family members as potential participants in the murder. It's not the DNA of any of these three people at the scene, making it likely, Deal argues, that an unknown person was at the scene when Benaquist struggled with his assailant.  

According to Deal, the fact that it wasn't a family member indicates it was somebody unknown to Doll, lending credence to the suggestion that Doll wasn't even at the scene at the time of the murder.

While forensic evidence indicates, Deal states, that Benaquist struggled with his assailant, Doll suffered no injuries the night of Feb. 19, 2009. 

The 2016 appeal was heard by interim County Court Judge Micheal F. Pietruszka. According to Deal, Pietruszka erred in his ruling by stating that the DNA sample was found on Doll's clothing and, therefore, would not have altered the jury's decision.

Pietruszka's ruling was appealed, and Doll lost each appeal.

Assistant District Attorney William Zickl states in his answering statement that there is really nothing new in this new motion.

"These claims are no more than a repacking and rebranding of the defendant's previous arguments, culled from his 2016 motion to vacate, which were rejected by the Genesee County Court and the Appellate Divison, Fourth Department, as well as the Court of Appeals," Zickl states. "Because no new evidence or circumstances have been identified by the defendant in this instant motion which would complete, or even suggest, that a new trial should be ordered, his application should be summarily denied."

Deal wants the third-party DNA sample sent to a national criminal DNA database, which could uncover a possible match with a person in the database, a motion opposed by the District Attorney's Office.

Zickl states that the conversation between Olivio and LaPoint sheds no new light on the case.  The DNA evidence, including the DNA tests of relatives, could have been presented at trial if the defense had made a motion to get all the DNA evidence from Benaquist's boot (the DNA spot wasn't discovered until more testing was ordered as part of the appeal process in 2015). 

The defense could have also uncovered at trial, with more diligence, that fingernail clippings were not taken by the Medical Examiner's Office, according to Zickl.

"Even if the evidence were admitted at trial, it would serve to merely impeach or contradict the previous testimony of Dr. LaPoint," Zickl states.

"The defendant has not established a possibility, let alone a probability, that this new evidence would have changed the result of the trial," Zickl continues. "At trial, the defendant took full advantage of the argument that the investigation was fatally flawed because the people did not request DNA testing of the victim's fingernail scrapings, which were believed at the time to exist. It strains logic to suggest now that there would have been any greater impact upon the jury had the defendant been able to argue that the investigation was fatally flawed because the Medical Examiner's Office had neglected to take the scrapings in the first place."

In a response to Zickl's argument, Deal takes issue with "the people's" position that the third-party DNA is "partial" or "minor" and that it may not even be from blood.  He said the Medical Examiner's report indicates it was blood, and a blood splatter expert said it could have only landed on the boot during a struggle between Benaquist and his assailant. 

As for the opportunity to have obtained the DNA sample before trial, that simply wasn't logically possible, Deal argues.

"The idea that somehow the defendant would know of that exact spot (that particular couple of centimeters) on the boot to be tested, as opposed to all of the other blood-drenched items -- and then would have discovered it before -- is particularly unreasonable. 

Deal believes that the new evidence combined with other facts that could be presented at trial could lead to a more favorable outcome for his client.

"This court is reminded that this is a circumstantial evidence case," Deal writes in his brief. "A crucial fact ignored by the people below is that there was a shoeprint in the snow found in the driveway where the victim was found, which was determined not to be from either the defendant or the victim.  A jury hearing new information about a third party's DNA being on the victim's clothing along with the discovery of a mysterious footprint at the crime scene, on top of the Medical Examiner's malfeasance, when combined with the fact that the 220-pound victim had defensive injuries on his hands while Mr. Doll suffered absolutely no injuries would certainly never be so unfazed as Judge Pietruszka would have us believe."

Doll, now housed at the Hudson Correctional Facility, has consistently maintained his innocence. He is eligible for his first parole hearing in December 2024.

Judge Sanford Church, of Orleans County, is hearing the motion because of Genesee County Judge Melissa Lightcap Cianfrini's conflict of interest in the case.  She was an ADA in the District Attorney's Office during the trial and subsequent appeals.

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

The Pembroke Dragons are Section V champions in Boys Basketball, beating York in the Class C2 final at Blue Cross Arena on Sunday, 62-59.

The game was close for all four quarters, with York leading most of the way in the first half, but Pembroke regrouped in the third quarter and held onto a slender lead at the end when time ran out on York.

Scoring:

• Tyson Totten, 16 points
• Cayden Pfalzer, 12 points
• Avery Ferreira, 13 points
• Jon Suro, 14 points
• Chase Guzdek, 7 points, 15 rebounds

"York is a great team, and Ed (Orman) does a really good job with his squad year in and year out," said Coach Matt Shay. "Our kids showed a lot of resilience responding to how York jumped on us early. We came out really tough in the third and made a nice run, but when you get to this level, teams are going to make runs on their end as well. York did that by switching to a press and a 2-3 zone. I was really proud of how some of our guys stepped up tonight. Avery, Jon, and Chase really came up huge for us today. This group has worked really hard, and they deserve this."

The Dragons get a bye in the first round of regionals. Pembroke will play the winner of Lyons vs. Northstar Christian on Thursday, March 9, in the Quarterfinals, location TBD.

To view or purchase photos, click here.

Photos by Steve Ognibene

After winning the championship, the team bus was escorted by the Pembroke Volunteer Fire Department from Batavia to the school. Video by Jessica Pfalzer.

Photos below by Jessica Pfalzer. For more photos, click here.

Press release:

The Genesee County Economic Development Center Board of Directors (GCEDC) will consider a final resolution for a $142 million investment proposed in the town of Pembroke at a board meeting on March 2, 2023.

Horizon Acres Associates, LLC, based in Rockland County, is partnering with Geis Companies, based in Streetsboro, OH, to build six flex commercial/industrial facilities totaling 1.5 million square feet. The project would be located on 115 acres immediately off the 48-A interchange on the New York State Thruway, giving access to transportation networks throughout the region.

“In addition to the direct impact this project will have in Pembroke, these facilities are going to be an integral addition to the recruitment of potential tenants at the Science & Technology Advanced Manufacturing Park (STAMP) and other nearby locations,” said GCEDC President and CEO Steve Hyde. “At full build-out, the campus is estimated to create up to 400 new jobs, we have the workforce candidates and programs to support this ambitious number.”

The company plans to start construction in 2023 with the goal of having one to two buildings totaling 560,000 square feet, being operational in late 2024. The facilities will be suitable for a large single tenant, multiple smaller tenants, or suppliers for advanced manufacturing projects.

Horizon Acres Associates, LLC is requesting a sales tax exemption estimated at $6.2 million, a property tax abatement estimated at $11.9 million, and a mortgage tax exemption estimated at $1.1 million. The project is projected to generate $7.9 million in PILOT revenues to municipalities during the proposed 10-year project agreement, which is estimated at 39.5 times the municipal revenue that would be generated under the property’s current use.

The GCEDC’s economic analysis of the project estimates a $227 million impact, including $218 million in payroll and $9.1 million in revenues to the Town of Pembroke, the Pembroke Central School District and Genesee County.  For every $1 of public benefit requested, the project is projected to generate $16 into the local economy.

A public hearing was held on the proposed project agreements on Jan. 30 in the Town of Pembroke.

Previously: Developers say Pembroke location ideally suited for planned $142 million distribution center

The Pembroke Dragons will play for a Class C2 Section V title at the Blue Cross Arena in Rochester on Friday after beating Bolivar-Richburg on Monday, 61-39.

Scoring:

• Cayden Pfalzer, 21 points
• Tyson Totten, 14 points
• Chase Guzdek, 9 points 11 rebounds
• Avery Ferreira, 8 points
• Jon Suro, 5 assists

"Bolivar-Richburg went into half up by one, then we used a great defensive second half holding them to just nine points to pull ahead," said Coach Matthew Shay. "I was really pleased with how we responded to adversity and stepped it up defensively in the second half."

Photos by Kristin Smith.

Cayden Pfalzer became Pembroke’s all-time leading scorer in Boys Basketball and Tyson Totten scored his 1,000th point on Friday as the Dragons went on to beat Alexander 81-55 in their sectional playoff game.

Pfalzer needed 24 points to reach 1,128 and pass J.P. Coles and Pfalzer finished with exactly 24 points on the night.

Totten entered the game with 999 career points so hit the milestone with his first bucket of the night. 

Pfalzer, who has played varsity since his freshman year, has averaged 21.6 points per game this season.

Totten averaged 10.8 points per game his freshman season and was the leading scorer in the league his sophomore year, averaging 20.8 points, and came back his junior year to again lead the league in scoring with 20.3 points per game.

“We knew from a young age that Tyson had a chance to be a great player,” coach Matt Shay said. “He and Cayden are some of the hardest workers I have ever been around. He has committed to time in the gym, time in the weight room, and camps in the summer and it is paying off. I'm also really proud of him because he has improved his all-around game. I've challenged him to be a better passer and defender, and he's made considerable strides in both areas."

On Friday, Avery Ferreira scored 12 points for Pembroke. Chase Guzdek scored 10 and had 10 rebounds and Jon Sure had five assists.

Alexander’s Dylan Pohl scored 22 points and Kingston Woods scored nine.

“I wasn't really pleased with how we played defensively, giving up 31 in the first half,” Shay said. “Credit to coach Hanley and his squad on how they executed their game plan, we're really having a tough time with it. We played much better in the second half.”

Photos by Alison Lang.

Tyson Totten with his parents, Jamie Totten and Jamie Totten.

Cayden Pfalzer (Submitted photo).