pembroke

UPDATE Thursday 3:15 p.m. (by Billie): Good news -- "Pharoah," the orange tabby, has a new home with lots of love and attention and goods things just for him. He's a special boy who will surely bring special joy!

A week or so ago, Shawn Szczygiel, of Pembroke, went to a location -- we won't say where to protect the possibly innocent -- and spotted an orange tabby cat that needed a home.

A few days later, Szczygiel decided to see if the cat was still available, according to his girlfriend Sara Thayer, and discovered somehow, the cat's tail had been cut in half.

A person in a position to observe the cat told Szczygiel, "I think someone has been abusing him."

He took the cat home and he and Thayer took the cat to a vet. What the vet discovered horrified the couple.

The cat's tail was infected, but worse, the cat had been shot with BBs.

"She also mentioned that he would need X-rays -- she said it felt like he had been kicked and he might have kidney damage from it," Thayer said.

In the short time, Szczygiel and Thayer had the cat, Thayer said they fell in love with it. Like a typical orange tabby, it is friendly and loving and demands constant petting.

"She gave my boyfriend and I an estimate of the care the cat would need," Thayer said. "Unfortunately, due to financial difficulties, there was no way for us to afford it. It was heartbreaking for us to agree to this option, but the vet offered to keep it there and do the surgeries and try to find him a good home. So I signed him over, with tears in my eyes."

In signing the cat over, Thayer had to agree that the cat cold be euthanized if no home is found for it.

She's hoping somebody will see this article and agree to adopt "Pharoah."

"I would be heartbroken to find out if he did have to get put down," Thayer said.  "He was so, so, so sweet and just a beautiful cat. If I had any way at ALL to pay for the surgery, I would have kept him in a heartbeat."

Thayer is also concerned that a case of animal cruelty happened so close to home.

"I also want people to be aware of what happened here," Thayer said. "It's sickening. This cat was an angel, and according to the vet only 8 to 12 months old. I am praying that he is given to a good home and that this raises awareness of animal cruelty. He wasn't found in a city like Rochester or anything. This happened right here in Pembroke, where it's quiet and calm, seemingly."

"You never really think that cancer could reach your child," Jamie Wasieleski said.

For her, it's become more than just a thought. It's become a reality. Her son, 18-year-old Austin Heinemen, was recently diagnosed with it.

A 2012 graduate of Pembroke, he has always been a healthy kid, into sports, dirt-biking and active all year round, and was unexpectedly diagnosed with a desmoplastic small round cell tumor also known as DSRCT.

It's a rare form of childhood cancer that predominantly strikes boys and young adults. DSRCT is a soft-tissue sarcoma that is aggressive and primarily develops in the abdomen.

Treatment for DSRCT is extensive.

"He has been through six intensive chemotherapy sessions that last four days every three weeks," Wasieleski told us. "The chemo kills everything, good and bad, so between chemo sessions he's at Roswell with anything from a cut on the finger, which leads to a pretty nasty infection, to pneumonia."

On the bright side, the chemo has made a difference and as a result of the PET and CAT scans, the tumors are shrinking.

Currently, Austin is waiting for his mother's health insurance to approve him to undergo surgery in New York City. He will have the tumors removed, and then will go through a 28 day stem cell trial. Following that, he will head to Washington, D.C., for another bone marrow trial.

"His father, myself and his three sisters have tested to see if we are a match and (we are) awaiting results," Wasieleski said. "If we are not, we will be looking for matches elsewhere."

The community support has been outpouring for Austin and he's got a whole army behind him fighting the battle.

" 'Austin's Army' was created to show Austin community support and how many people care about him," Wasieleski said. "At a time like this, community support is huge."

"All the help and support by the community is awesome and well deserving for him," says long-time friend Wyatt Chittenden. "With his recent diagnosis of cancer, it was heartfelt by everyone close to Austin because everyone knows how great of a person Heineman is. He always can put a smile on your face and give you a good laugh as well as always being there for people."

Austin's Army has done many fundraisers to help including a chicken barbecue, benefit gathering, piercing drive, and most recently a Facebook promotion at City Slickers.

Anyone interested, may join the army by making a donation to Austin and Austin's Army, through the Five Star Bank in Batavia.

Photo: Austin at one of his benefits with friend Kaela McMartin, who is one of the many members of Austin's Army.

An 11-year-old reportedly suffered a neck injury in a two-car collision at Alleghany and Main roads in Pembroke (routes 77 and 5). Pembroke and Indian Falls fire departments are responding along with Mercy medics. The accident is not blocking traffic and was initially reported as being without injuries.

UPDATE 7:41 p.m.: A second ambulance, from Darien, is requested to the scene in non-emergency mode.

UPDATE 8:06 p.m.: The 11-year-old girl's head slammed into the head rest and she has neck pain as a result. She's being taken to UMMC. She's in stable condition and there was no loss of consciousness. A second patient is also being taken to UMMC by the same Mercy rig. Traffic is reportedly at a standstill at the accident site.

UPDATE 8:10 p.m.: Pembroke is back in service.

UPDATE 8:20 p.m.: The other patients are a 12-year-old with a headache, which has persisted all day, and a 17-year-old complaining of shoulder pain.

A 60-year-old female with diabetic problems is in need of rescue at the top of the falls behind the Log Cabin Restaurant -- on the opposite side.

"She is at the top of the falls ... she's approximately 30 feet down," says a responder.

The county Rope Rescue Team is on standby in case needed. Pembroke and Indian Falls fire departments responded and gave her some insulin and medical aid.

The woman came to the attention of others because she "was not responding appropriately."

UPDATE 8:32 p.m.: A fireman on scene says her blood insulin level at this point is 43. "We will have to take her up manually unless we can get her blood sugar up higher." Medics are on their way.

UPDATE 8:37 p.m.: For those who don't know, the Indian Falls Log Cabin Restaurant is located at 1227 Gilmore Road in Corfu.

UPDATE 8:41 p.m.: The rescuers are going to employ a rope and a basket to bring up the woman. Her blood sugar is now reported to be 51. "We'll probably be taking her out of here -- unless it gets better real quick," says a responder. Other responders headed to the scene are requested to continue in full emergency mode.

UPDATE 8:45 p.m.: Rescuers are directed to the north side of the creek to assist with efforts under way.

UPDATE 8:47 p.m.: More rope is demanded "for those coming up and down to hold onto something." Assurance is given that it is on the way.

UPDATE 9:04 p.m.: At this point, "Everybody's topside." In other words, the woman has been brought to the top of the falls, as well as her rescuers, and is ready to be transported to the hospital via ambulance.

UPDATE 9:11 p.m.: Mercy Flight, which was on standby, is back in service and responders from Pembroke and Indian Falls are breaking down their light towers and equipment and returning to service. The patient is being taken to UMMC.

Deputies investigating suspicious activity last night reportedly found a pair of Attica men in possession of a loaded, sawed-off shotgun at a residence in Pembroke.

Both men reportedly have prior criminal convictions.

Charged with criminal possession of a weapon were Benjamin Lambert, 36, and Kayla Tyoe, 23.

Lambert and Tyoe were jailed pending further proceedings.

A motorcyclist "dumped his bike and has a shoulder injury" and he's sitting roadside at Route 5 and Boyce Road in Pembroke. East Pembroke Fire Department and Mercy medics are responding. The roadway is clear.

UPDATE 2:20 p.m.: He has a lot of road rash on his shoulder. There were no other vehicles involved.

A motorcycle accident is reported at 644 Knapp Road. The motorcyclist is in a driveway and is reportedly conscious, argumentative and "possibly combative." Pembroke and Indian Falls fire departments are responding along with Mercy medics. A responder says the gas tank is leaking. The rider reportedly got up and tried to leave, but fell back down. Mercy Flight is on ground standby.

UPDATE 11:52 a.m.: Mercy Flight will not be needed. The male rider will be transported by ambulance.

UPDATE Noon: Mercy medics are back in service. "The patient left by private vehicle prior to our arrival," the medic said.

Richard Lee Maston, 30, of Colorado Avenue, Batavia, is charged with two counts of criminal possession of a forged instrument, 2nd. Maston is accused of possessing two forged business checks at two separate locations within the City of Batavia, one on July 9 and one on July 18. Deputies are  investigating whether Maston allegedly cashed more than 12 other checks at locations in the City of Batavia and one location in the Town of Batavia, all between July 8 and July 17. Maston was arraigned and released under supervision of Genesee Justice.

Michael C. Buzzell, 34, of 6 Lewis Place, Batavia, is charged with menacing, 2nd, and criminal possession of a weapon, 4th. Buzzell allegedly threatened to kill a person while holding a knife. Police were called the scene at 9:15 p.m., Thursday. Buzzell was jailed on $5,000 bail.

Tyrone N. Thigpen, 35, of 5 Pearl St., Batavia, is charged with criminal contempt, 2nd. Thigpen is accused of violating a "stay away" order of protection.

Ronald J. Murray, 17, of 7 Wood St., Batavia, is charged with petit larceny. Murray is accused of stealing a bicycle that was parked outside of a downtown restaurant. Police report later locating Murray with the bicycle a short time later.

Ian C. Blain, 23, of Ashland Avenue, Buffalo, is charged with unauthorized use of a vehicle and unlawful dealing with a child. Blain is accused of taking a vehicle from the parking lot of the Log Cabin Restaurant in Pembroke and leaving it abandoned in a field off Indian Falls Road. He's also accused of providing alcohol to a person under age 21.

Stephen P. Pahuta, 50, of Oakfield, is charged with criminal obstruction of breathing, strangulation, coercion, three counts of criminal mischief, and harassment, 2nd. Pahuta was arrested following a report of an incident at 11:40 a.m., Thursday, in Oakfield. State Police responded. No further details were released.

A semi-truck and car have struck on Route 77 near the Thruway, but the accident is believed to be with minor injuries.

There was air bag deployment.

The driver is complaining of head and knee pain.

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

UPDATE 7:48 a.m.: A chief on scene reports extrication will be required. It doesn't look like Mercy Flight will be required.

UPDATE 7:59 a.m.: The truck is transporting some sort of hazardous material. There is no sign of damage to the trailer and no external evidence of any leak.

A 50-something male suffered an upper leg injury in a dirt bike accident at the Area 51 motocross track. Pembroke Fire Department and Mercy medics are responding. The track is located at 3323 Harloff Road. The patient is in the very back of the riding area.

A two-car accident, with two youths complaining of neck pain, is reported at the intersection of routes 5 and 77. Indian Falls rescue is on scene and Mercy medics are responding.

UPDATE 11:09 a.m.: Both patients are being taken to UMMC.

UPDATE 11:11 a.m.: The Indian Falls assignment is back in service.

UPDATE 11:15 a.m.: The medic says the patients are female friends ages 13 and 16 who were traveling in a Ford pickup truck when it was rear-ended by another pickup truck, occupied by their parents, at 5 miles an hour. The trucks were barely damaged. They live in Ontario.

One person required transportation to a local hospital following a rear-end accident on Route 77 at Route 5, Pembroke, at 10:12 a.m., Tuesday.

The driver whose car rear-ended another said he looked down to check his GPS and didn't have time to stop after looking up and seeing a car stopped in front of him.

No citations were issued.

Michael J. Roeland, 19, of Newark, was southbound on Route 77 when he struck the southbound car driven by Tamibeth P. Campbell, 21, of Watertown.

Roeland had three passengers in his vehicle and Campbell had four passengers.

Harley M. English, 17, a passenger in Campbell's car was taken to UMMC with a complaint of neck pain.

The accident was investigated by Deputy Tim Wescott.

(Initial Report)

A two-car accident with injuries is reported on the eastbound Thruway at mile marker 402.4. There are two patients. There is a lot of traffic backed up as a result. Indian Falls and Pembroke fire departments and two ambulances are requested out of Darien.

UPDATE 11:32 a.m.: The Darien ambulances are having difficulty getting to the scene because there is virtual gridlock throughout Darien due to concert-bound traffic at the theme park. Mercy rigs are busy elsewhere.

UPDATE 11:56 a.m.: Pembroke and Indian Falls are back in service. Two patients were taken to ECMC.

Three accidents, one with a minor injury, is tying up traffic at Brick House Corners (Route 77 and Route 5, Pembroke).

Indian Falls Fire Department is on scene.

One person is complaining of neck pain.

Mercy EMS is dispatched.

Five cars are involved.

UPDATE 10:34 a.m.: Traffic is backing up onto the Thruway. There is a concert at Darien Lake today -- the Vans Warped Tour, featuring 70 bands.

UPDATE 10:43 a.m.: One patient being transported to UMMC as a precaution. Patient complained of neck pain initially, but was up and walking around upon the arrival on scene of Mercy EMS.

UPDATE 10:48 a.m.: There may have been a vehicle involved that fled the scene. A deputy reports "there is evidence at the scene that the vehicle that was involved was a red Chrysler, unknown if it's a van or SUV." He requests other patrols and the State Police be alerted to the vehicle's description.

Andrew J. Ashley, 25, of 91 W. Main St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater and using a mobile phone while driving. According to Le Roy PD, Ashley was driving on Route 19 and allegedly texting while driving when he failed to negotiate a curve at Route 19 and Wolcott Street. Ashley's vehicle struck a curb and the vehicle's axle broke.

Danielle Marie Stevens, 35, of Ford Road, Elba, is charged with criminal trespass, 2nd. Stevens was arrested on a warrant by State Police following a traffic stop. Stevens was turned over to the Sheriff's Office, arraigned and jailed on $1,250 bail.

Rebecca Louise Batt, 31, of East Bethany Le Roy Road, Bethany, is charged with DWI and driving with a BAC of .18 or greater. Batt was arrested following a trespassing complaint at 1:48 a.m., Thursday, when Batt allegedly drove her vehicle into the back yard of a residence on East Bethany Le Roy Road and parked without permission of the homeowner.

Wendy L. Mucher, 42, of Lewiston Road, Batavia, is charged with petit larceny and criminal mischief. Mucher is accused of stealing $29.34 worth of merchandise that she removed from its packaging from a business on Veterans Memorial Drive.

Joseph Daniel Barone, 30, of Woodbriar Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Barone was stopped at 8:38 p.m. Thursday on Route 77 in Pembroke by Deputy Patrick Reeves. A search of the vehicle allegedly found alcohol, crack cocaine and marijuana.

Melissa Ann Neely, 42, of Lincoln Mills Road, East Rochester, is charged with controlled substance not its original container. Neely was charged following a traffic stop at 9:09 p.m. Thursday on Route 77, Pembroke, by Deputy Patrick Reeves.

Jacob D. Waite, 20, of 3661 Pike Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Waite was arrested by Attica PD following a traffic stop at 11:45 p.m. Wednesday on Market Street, Attica.

Sheep on the lam have been discovered and officers are working diligently to corral their woolly quarry, located at 1833 Genesee St., between Ellenwood and Colby roads in Pembroke.

But it seems some of them do not want to go gentle into this good afternoon, nor quietly.

"You got a lasso or rope? This one's not going to go willingly," says an officer.

It is decided that a lasso would be employed.

UPDATE 12:57 p.m.: A ewe has been spotted by a hedgerow. "She's stopped running. I think she's too hot." And the officer is hot on her heels.

UPDATE 1:04 p.m.: "I'm still looking for an owner. I've went east, and haven't found anyone to the west yet." The deputy says that after checking four houses east of the location and three thus far to the west, he is heading now toward West Batavia to continue the search.

UPDATE 1:11 p.m.: "The unknown is in a hedgerow in the woods. It's unable to be caught. So I don't know what they are going to do," reports a deputy, who then went back in service. There is reportedly a sheep farm in the vicinity, off of Route 5, and deputies are heading there. The search continues.

UPDATE 2:24 p.m.: Deputies are returning to Genesee Street after locating the possible owner -- in Corfu -- who is also going along to determine if the sheep are his.

UPDATE 2:51 p.m.: "The sheep caper has been completed," a deputy tells the Genesee County Emergency Dispatch Center. The stocky, hooved mammals are grudgingly going right back where they came from -- to property owned by a fencing company (we can't make this stuff up) located "off Route 77, south of the viaduct." It's Bellevue Farms. (It would not be surprising if the owner scolded them -- futilely of course -- for being very BAAAD.)

With two dissents in a NYS Supreme Court ruling upholding the murder conviction of Scott F. Doll, one of Doll's attorneys said in the wake of the ruling that the defense will request that the NYS Court of Appeals review the case.

Timothy P. Murphy, of the Buffalo firm Lipstiz, Scime, Cambria, said the ruling expands the so-called "emergency doctrine" beyond what previous courts ruled.

"We're obviously disappointed with the results," Murphy said. "But there were two dissenting votes, so we will be an appeal with the Court of Appeals in Albany."

On a 3-2 vote, the justices found that statements made by Doll to the deputies and investigators he spoke to Feb. 16, 2009 were admissible as evidence against Doll.

The statements in question were made before the body of Joseph Benaquist, 66, was found bludgeoned on the driveway of his Pembroke home.

The court also ruled that statements Doll made to a friend in the presence of an investigator were also admissible.

The two dissenting justices disagreed with the majority on the use of the "emergency doctrine" regarding statements made before the murder was discovered, but agreed that the Doll's statements to a friend back at the Sheriff's Office were admissible.

The emergency doctrine allows police officers to detain and question a person when they believe the life of a person or persons may be in jeopardy. In an emergency situation, where lives may be at stake, police are not required to read a person his rights.

The majority's opinion upheld every aspect of the prosecution's case that was appealed, including the investigative work of the Sheriff's Office.

"We think (Doll) was properly convicted and the proof was there," Sheriff Gary Maha said. "They (deputies and investigators) did a great job. They were very thorough. It was a job well done by our people to make sure they covered all the bases."

Maha said he never had a doubt that his staff handled the case appropriately and that the court would back up his department.

"They're well trained," Maha said. They know that their jobs for those type of situations. They were following the law. I know the defense wants to put doubt in the jurors' minds. That’s their job, but our officers did their job and followed the law correctly."

District Attorney Lawrence Friedman said he was also pleased, but not surprised by the ruling.

"We were expecting this result based on the attitude expressed by the judges at the appellant division when the case was argued," Friedman said.

While Friedman praised the work of the entire Sheriff's Office staff on the case, he singled out Deputy James Diehl for exceptional work.

Diehl had only recently started working for the Sheriff's Office in February 2009 when he was dispatched to investigate a suspicious individual ducking behind cars at an old gas station at Main Road and Lake Road in Pembroke.

After arriving on scene, he encountered Doll, who immediately dropped what later turned out to be a car jack and he had a lug wrench in a pocket.

As Diehl interviewed Doll, he notice Doll had fresh blood on his jumpsuit, his hands and his face.

When questioned, Doll said he was butchering deer. 

Diehl was immediately suspicious of Doll's story and when a witness approached and identified Doll as the suspicious subject seen at the gas station, Diehl cuffed Doll and told him he was being detained until things could be sorted out.

"From the start, Deputy James Diehl did an excellent job of perceiving a suspicious situation and following up on it," Friedman said. "From our perspective, he did everything right. If he didn't follow through on it, we might never had made our case."

It was Diehl's actions, along with Deputy Patrick Reeves, who was second on scene, that came under scrutiny in the appeal by the defense team, however.

The defense contends that Doll should have been given a Miranda warning ("You have the right to remain silent, etc.") and when he asked for an attorney, all questioning of Doll should have stopped until an attorney was present.

Friedman argued that the preponderance of evidence available to deputies was that a person or persons had been seriously hurt. The amount of blood on Doll, and his inconsistent story about butchering deer and then going to see a friend and being involved in a car transaction, gave the deputies reason to believe a person or persons may be in serious trouble and that Doll had been in close proximity to whatever it was that caused a person or persons to bleed profusely.

The majority of the Fourth Judicial Department judges agreed with Friedman.

"... the deputies did not violate the defendant's right to counsel or his Miranda rights under the unique circumstances of the case," wrote the majority in their opinion. "The amount of blood present on the defendant's face, hands, clothing and van, and on the ground, along with bloody gloves on top of a nearby car, indicated that one or more persons had been grievously injured and that the defendant had been in close contact with the person or persons."

The court also found that given Doll's inconsistent statements to deputies, "they were justified in concluding that one or more persons had been injured and were in need of assistance or rescue."

The dissenting judges argued that the deputies did not have enough information to conclude there was a human victim and found that Doll's statement that he had been butchering deer was plausible.

Defense attorney Murphy said that in his initial ruling at trial in May 2010, Judge Robert C. Noonan expanded the scope of the emergency doctrine and though the Fourth Department upheld Noonan, Murphy believes the proper scope of the emergency doctrine can be reestablished in the Court of Appeals.

Both majority and dissent judges agreed that a friend who visited with Doll in the presence of Investigator Kris Kautz was not working in collusion with police and therefore Doll's statements could be used against him at trial.

The court also rejected a defense argument that Doll's van was seized without a probable cause and that the prosecution properly obtained business records of Doll's.

Doll is currently serving 15 years to life for the murder of Benaquist at the Sullivan Correctional Facility in Fallsburg.

For all of our previous coverage of the Scott Doll case, click here.

By a vote of 3-2, the NYS Supreme Court has upheld the murder conviction of Scott F. Doll, convicted May 20, 2010 of killing Joseph Benaquist, 66, on Feb. 16, 2009.

The majority found that Doll's Constitutional rights were not compromised by Sheriff's deputies and investigators who responded to Lake Road, Pembroke, after Doll was found wandering the area in a blood-splattered jumpsuit.

UPDATE: Full Story