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DWI alleged in four-car pileup on Route 77, Pembroke

By Howard B. Owens

An alleged drunken driver reportedly started a four-car accident at 2:04 p.m., Saturday, on Route 77 near Route 5 in Pembroke after she rear-ended a car in front of her.

The driver's car then continued forward -- after the first car it hit was pushed out of the way -- and struck a third car in the rear, which hit the car in front of it.

Charged with DWI was Heidi J. Berkes, 27, of North Madison Street, Rome.

Berkes was driving a 2005 Ford SUV when she came upon two cars stopped at the intersection of Route 77 and Route 5 and third car immediately in front of her slowing.

She reportedly struck a car driven by Justin C. Mahar, 19, of Rebecca Street, North Syracuse. Mahar's car was pushed off the road and then Berkes' SUV struck a car driven by Matthew F. Endres, 19, of Carrie Marie Lane, Hllton, which then struck a car driven by Michele Lillie, 39, of Buffalo Road, Erie.

Injured in the accident were Cory Delahunt, 26, a passenger in Berkes' SUV, Endres and Lillie. 

Berkes and Mahar were not injured, and the seven other passengers in the four vehicles were not injured.

Mahar was cited for alleged unlicensed operation.

The accident was investigated by Sgt. Greg Walker.

Youth Football Kickoff Celebration

By Rick Franclemont

The Newfane Lightning and Pembroke Dragons Youth Football teams participated in the largest national youth football kickoff celebration to date.

Press release from USA Football:

Youth football's largest season kickoff to take place on more than 2,000 fields with USA Football

More than 600,000 youth football players in all 50 states and Washington, D.C., will participate in the largest national youth football kickoff celebration to date on Saturday, Sept. 10.

USA Football’s National Youth Football Kickoff is part of the NFL’s Back to Football campaign.Coinciding with the NFL’s Kickoff Weekend, youth teams on more than 2,000 fields will begin their Sept. 10 games with a special red, white and blue commemorative football provided by USA Football without cost, celebrating the season’s return.

Leagues will upload photos and messages from their Saturday games on Facebook and Twitter to be shared with the entire youth football community. All social network messages and a list of participating leagues are found at www.usafootball.com/kickoff.

USA Football is the official youth football development partner of the NFL and each of its 32 teams.

Approximately 3 million children age 6-14 play youth football, placing it among the country’s most popular youth sports.

“For millions of Americans, regardless of our age, the return of football at all levels unites us in an exciting way,” said USA Football Executive Director SCOTT HALLENBECK. “That’s what Saturday is about – celebrating the kids, families and volunteers whose dedication powers this sport and uniting us through fun social networking.”

Based in Indianapolis, USA Football is the sport’s national governing body in the United States. Sixty-two (62) countries spanning six continents possess national federations of sport dedicated solely to football.

About USA Football

USA Football, the sport’s national governing body in the United States, inspires participation, and ensures a positive experience for all youth, high school, and other amateur players.The independent nonprofit hosts more than 80 football training events annually for coaches, players and youth football league commissioners. USA Football is the official youth football development partner of the NFL and its 32 teams and manages U.S. national teams for international competition. Endowed by the NFL and NFL Players Association in 2002 through the NFL Youth Football Fund, USA Football distributes $1 million annually in equipment grants and offers youth league volunteer background check subsidies. Former NFL team executive Carl Peterson is USA Football’s chairman.

 

More pictures from the ceremony and the game can be found here

Car fire at Pembroke Travel Center

By Billie Owens

A car is reportedly on fire in the parking lot of the Pembroke Service  Area, off the Thruway.

East Pembroke Fire responding.

UPDATE 6:44 p.m.: A responder at the scene says the car fire is fully involved.

Pembroke Boys Varsity Soccer team starts regular season at home

By Rick D. Franclemont

NOTE: Rick actually submitted this article yesterday morning and we neglected to put it on the home page. Apologies to Rick and the fans of Pembroke soccer.

The Pembroke Boys Varsity Soccer team started its regular season at home Tuesday with a league game against Kendall. After a slow first half where they gave up three goals, the Dragons came out strong in the second half, scoring their first goal of the season.

Sophomore Collin Lewis got the goal on an assist from Gabe Birkby. Coach Burch and the boys were very upbeat after the game, having played a very solid game against a strong opponent. The final score was 3-1. Next Dragons game is Friday 9/9 at 4:30 p.m. at Lyndonville. Go here to see more photos of the game.

Pembroke Music Boosters present Terry Buchwald performing as Elvis

By Billie Owens

Pembroke Music Boosters present Terry Buchwald as Elvis!

Come out and enjoy an evening of exciting songs, performances and great family entertainment.

When: 7 to 9 p.m., Saturday, Oct. 1

Where: Pembroke Jr./ Sr. High School. Routes 5 and 77, Pembroke

Presale tickets are $12 for adults and $7 for students (with ID)

At the door: $15 for adults and $10 for students (with ID)

Please call Andy Reeb @ 356-4641 or Barbara Young Krizen @ 300-7706 for tickets.

Police Beat: Central Avenue woman accused of scratching paint on car

By Howard B. Owens

Alicia M. Lyons, 31, of 17 1/2 Central Ave., Batavia, is  charged with criminal mischief, 3rd. Lyons was allegedly observed scratching the paint of a vehicle parked off of Central Avenue. Lyons was taken into custody by Officer Marc Lawrence.

Timothy Garrick Fitzgerald, 45, of Windsor Drive, North Tonowanda, is charged with DWI, driving with a BAC of .18 or greater, failure to signal lane change and moving from lane unsafely. Fitzgerald was stopped at 9:53 p.m., Friday, in the area of 4016 W. Main St. Road, Batavia, by Deputy Joseph Graff.

Sarah White Gilmartin, 35, of Norwalk Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, dazzling headlights and no/insufficient tail lamps. Gilmartin was stopped at 2:10 a.m., Aug. 27, on Main Road, Pembroke, by Deputy James Diehl.

Russell R. Miles, 43, of 12 Lake St., Le Roy, is charged with criminal contempt. Miles was arrested following a report of a disturbance at 12 Lake St. Miles was allegedly involved in the disturbance with a person who was the subject of a stay-away court order. Miles was jailed on $1,000 bail.

Brett A. Simcick, 27, of Keeney Road, Le Roy, is charged with felony DWI. Simcick was stopped by Le Roy Police in the early morning hours Saturday for allegedly failing to stop for a stop sign on Hilltop Drive, Village of Le Roy. Simcick was jailed on $5,000 bail.

Matthew Alvin Johnson, 28, of Prestige Crossing Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and no plate lamps. Johnson was stopped at 1:46 a.m., Sunday, on Seven Springs Road, Batavia, by Deputy Patrick Reeves.

Pembroke Boys Varsity Soccer Team starts inaugural season

By Rick D. Franclemont

The newly formed Pembroke Boys Varsity Soccer Team started its season at the Holly soccer tournament Thursday night. Playing in their very first game together, the boys played with great heart against the very powerful Holly Hawks team. Despite losing to the host team by a 5-0 score, coach Aaron Burch was very happy with the boys' effort. Go here to see more photos of the game.

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Grass fire on Tesnow Road, Alabama

By Howard B. Owens

We don't have the location or time of call, but there is a grass fire in Indian Falls Alabama, on Tesnow Road.

Indian Falls, Pembroke and Alabama fire departments are on scene.

There was concern about power lines in the area and National Grid is on scene. The fire is apparently mostly knocked down at this time.

UPDATE 10:04 a.m.: Water is being shut down as a safety precaution because electrical lines just dropped on the ground.

UPDATE 10:07 a.m.: Water is flowing again.

UPDATE 11:15 a.m.: Fire is actually at 369 Wright Road. It's a former U.S. National Gypsum facility, and after that Stylecraft built manufactured homes at the location. It's currently owned by Bill Eberhardt. A large pile of old railroad ties caught on fire. The fire was reported by the pilot of a private airplane. Alabama Chief Gary Patnode said the ties are from a railroad line torn out 25 years ago. He said the property owner told him he's had trouble with trespassers recently, particularly young ATV riders. Deputy Ron Meides said his report will say that a controlled burn -- there's a large section of the property that is being cleared of brush -- ignited the railroad ties. Mutual aid provided Indian Falls, Pembroke and Akron, with East Pembroke filling in at Indian Falls and Shelby filling in at Alabama. (I have one picture to post, but a weak internet signal at my current location ... will add photo to this post later.)

UPDATE 8:15 p.m.: Alabama Fire is back on scene to deal with some sort of flare up.

UPDATE 11:58 p.m.: Alabama units back in quarters.

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Pembroke vs. Oakfield-Elba Youth Football

By Rick Franclemont

Photos from the JV Youth Football game 8/27/11. Pembroke was the home team.

Minis: Pembroke 8, Oakfield-Elba 0

JV: Pembroke 36, Oakfield-Elba 6

All pictures from the event are available here for readers of The Batavian.

Car hits pole on Route 77, Indian Falls, power lines down and arcing

By Howard B. Owens

A pickup has hit a pole near Akron Road on Route 77, Indian Falls, and power lines are reportedly down and arcing.

Pembroke and Indian Falls fire departments dispatched.

Route 77 is being closed.

UPDATE 9:16 p.m.: It sounds like the driver ran down Phelps Road toward the trailer park.

UPDATE 9:30 p.m.:  A witness reports that somebody said there were two people in the vehicle and one of them is lying in the weeds. Because of the live wires, firefighters are unable to approach the vehicle. National Grid will be on scene soon to shut down power and responders can investigate.

UPDATE 9:38 a.m.: National Grid on scene. The immediate area of Indian Falls is about to lose all power.

UPDATE 9:40 p.m.: Power in the area has been cut. Emergency responders checking around the houses and in the tall weeds. A resident on Akron Road reported seeing a person with bare feet apparently fleeing the scene.

UPDATE 9:45 p.m.: As soon as National Grid moves the lines out of the road, Route 77 will be reopened.

UPDATE 9:48 p.m.: National Grid's website says power will be out until 11:30 p.m. State Department of Transportion requested to the scene. Chief reports, "We've got some pretty nasty holes down here."

UPDATE 9:51 p.m.: A DOT rep not expected on scene for at least an hour. He will check the roadway damage and determine whether repairs can wait until the morning.

UPDATE 10 p.m.; Indian Falls and Pembroke about to go back in service. No word on either subject reportedly in the vehicle.

UPDATE 10:03 p.m.: Mercy EMS put back in service.

Pembroke resident earns scholarship from insurance pros

By Billie Owens

Genesee Region Insurance Professionals (the local affiliate of Federation of New York Insurance Professionals) awarded their 2011 Harry K. Lown Memorial Scholarship to Megan Patterson, a 2011 graduate of Pembroke High School.

Megan is attending Niagara University this fall as an Accounting/Finance major.

 

Genesee Justice intern will return to Kyrgyzstan with some valuable lessons learned

By Howard B. Owens

Valeriya Melnichuk, a foreign exchange student who worked as an intern for Genesee Justice over the summer, will return to her home in Kyrgyzstan with a few big impressions of Batavia.

First, the people are friendly.

Also, in her time at Genesee Justice, she saw first-hand the benefits of educating drunken drivers about the dangers of DWI.

Genesee Justice also opened her eyes to ways her own country's justice system could better assist victims of crime.

And one observation that might not surprise some readers: American sure go easy on their criminals.

The 19-year-old Melnichuk is a student at American University in Central Asia. She is majoring in international and comparative politics with a minor in law.

She speaks Russian, Kyrgyz, French and English, and her English is nearly flawless.

Her first visit to Genesee County was in 2008 when she was an exchange student at Pembroke High School.

When she graduates she hopes to work in her home country on public policy, particularly as it relates to law.

The internship at Genesee Justice, she thought, would give her a perspective on how policy devised at one level of government impacts local government.

For example, the provision of Leandra's Law that requires convicted drunken drivers to install ignition interlock devices could have used a little more policy study before being implemented, Melnichuk said.

The law, while well intended, will eventually bankrupt the interlock device companies, she said, because it's too easy for drivers to claim they can't afford the devices, and if a judge agrees, the device is provided and installed at the expense of the company.

"There's too many people who get them for free," Melnichuk said. "They tell the judge they can't afford it, but they drive a nice car and they can afford to get drunk. I see the good idea in it, but they're too easy to get for free."

Two ideas that Melnichuk would like to take back to Kyrgyzstan are rooted in the restorative justice mission of Genesee Justice.

First, Melnichuk she thinks that it's a good idea to require people convicted of DWI to be educated on the dangers of DWI, to have their progress monitored and to require them to do some community service.

"It's not just letting people pay a fine or go to jail," she said. "They have to think about what they've done."

Second, she believes it's a good idea to provide a victim assistance program. Genesee Justice helps victims understand the criminal justice system, walks victims through court proceedings and ensures they get restitution.

She recalled one case this summer where a poor family in Batavia that relies strictly on bicycles for transportation, had a son's bike stolen.

Genesee Justice, while looking for a donated bike, found the stolen bike and returned it to the boy.

"That's a small thing, but it helps a lot," she said.

It's also a part of small-town life that Melnichuk, who comes from a city of one million people, came to appreciate.

In Genesee County, almost everybody knows somebody else that you know, and people are friendlier.

"It's not like my home city or New York City, where everybody is in a hurry," Melnichuk said. "Here people will smile and say hello even if they don't know you. In the city, you rush through and it's good if you still have your purse after you run through a crowd."

Still, Melnichuk is surprised at the seemingly light sentences convicted criminals get in New York.

She said maybe it's just the way she was raised -- strict parents who gave her the freedom to pursue her dreams, but required discipline, or a school system that required uniforms and wouldn't allow students to talk during class or sass teachers -- but she thinks the sentences given to convicts are pretty minimal.

"Your prisons are pretty nice," Melnichuk said. "Compared to back home, they're a lot nicer. And here, some person will commit some horrible crime and they'll get just seven years. Me, I would have given them 25 years."

With her internship nearly done, the observations made and the lesson's learned, Melnichuk is ready to return home a week from Sunday, but she said she has really enjoyed her time in Batavia.

Trespassing complaint at Indian Falls

By Howard B. Owens

A caller reports that several cars are parked along Waddington Road, on the south side of the Tonawanda Creek at Indian Falls.

The caller reports that anyone who got out of those cars and went to the falls, would've had to cross posted private property to get there.

A deputy has been dispatched to the area.

While that portion of the Tonawanda is county property, most of the area around the falls is private property, except for an entryway to the creek east of the falls at Route 77.

Last week, a 17-year-old girl was seriously injured when she fell on some rocks while swimming and diving at the falls.

Police Beat: Bail set at $25K for man accused of burglarizing home in Elba

By Howard B. Owens

Christopher Michael Lambert, 31, of Elm Street, Batavia, is charged with burglary, 2nd. Lambert is accused of entering a residence on Log City Road, Elba, after being told to stay away. Lambert allegedly stole money and a new Garmin GPS unit. Bail was set at $25,000.

Jenea Marie Macleod, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, operating an ATV on a public highway and no headlights on an ATV. Macleod was stopped at 10:08 p.m., Saturday, on Genesee Street in Pembroke by Deputy Howard Carlson.

Tracy Lynn Polak, 40, of Aldercreek South Road, North Tonawanda, is charged with DWI, driving with a BAC of .08 or greater, operating with registration suspended or revoked and driver's view obstructed. Polak was stopped at 10:36 p.m., Wednesday, on Route 77, Corfu, by Deputy Patrick Reeves.

Jonathan David Eldred, 27, of Main Road, Akron, is charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument. Eldred was arrested at 10:46 p.m., Friday, at a residence on Bloomingdale Road, Tonawanda Indian Reservation, when he was allegedly found in possession of heroin and a needle during an investigation into an overdose.

Austin M. Heineman, 17, of Marble Road, Akron, is charged with DWI, driving with a BAC of .08 or greater, operating out of class and failure to keep right. Heineman was arrested following an investigation into an accident that was reported at 12:43 a.m., Saturday, on Sandhill Road, Alabama, by Deputy James Diehl. In the accident, Heineman was reportedly driving south on Sandhill Road when he lost control of the car and it overturned. His passenger, Timothy Ryan, 17, was transported to UMMC with non-life threatening injuries.

Mitchell Gregory Hoinski, 25, of Boll Street, Sloan, is charged with DWI and driving with a BAC of .08 or greater. Hoinski was reportedly involved in a motor-vehicle accident at 11:42 p.m., Friday, in the parking lot of Darien Lake Theme Park. Hoinski reportedly attended the Rascal Flatts concert earlier in the evening. 

Photos: East Pembroke Mud Races

By Howard B. Owens

A record number of entrants showed up for the East Pembroke Fire Department's annual mud races. It was a perfect day for mud racing and the action was non-stop.

Below, a slide show of additional photos from the event.  To purchase pictures taken by Howard Owens from this event click here.

Below, photos of the mud queen race and the winner (name not yet available) submitted by Destin Danser.

BHS student first in to help save injured girl at Indian Falls

By Howard B. Owens

One of Batavia High's standout students was among a group of heroes Friday who came to the rescue of a teenage girl who hit her head on a rock when she fell several feet from a cliff at Indian Falls.

The girl, Kourtney McCorry, 17, of Spencerport, was taken to Strong Memorial Hospital by Mercy Flight, but was conscious and alert after being pulled from the water.

Deputy Timothy Wescott said he was able to interview McCorry at the scene before she was transported and she was aware of her surroundings, recognized her father and understood what was happening.

She remembered, according to Wescott, climbing up the cliff of the falls with the help of her boyfriend. She grabbed the branch of a tree and the branch gave way. She fell and remembers seeing rocks below her and then she blacked out.

"She said she didn't know if she blacked out because she hit the rocks or out of fear of what might happen to her," Wescott said.

Evan Sutherland, a Batavia High School basketball player and member of the championship mock trial team, was at the falls with his friend, Andrew Hoy, a recent graduate of BHS and the Blue Devil's all-time leading scorer in basketball.  

Sutherland (left inset photo from one of his mock trial appearances this year) was the first to dive in the water to try and rescue the girl, Hoy said.

"I had just walked up and I got to like the edge of the cliff and saw her falling and she landed head first on the rocks," Hoy said. "It looked like her neck snapped. Then she went under for a few seconds and we couldn’t find her. We were still standing at the top and then she floated to the top of the water and my friend Evan Sutherland was the first one to react and he jumped into the water and there was another one of her friends over from where she fell from and he jumped in, too. They both dragged her out."

Hoy said the girl regained consciousness while she was still in the water, and Westcott said McCorry remembered coming to in the water surrounded by people.

The Batavian tried to interview Sutherland at the scene, but one of the Log Cabin's unruly patrons interfered with the interview and told him not to talk to the media.

Attempts to contact Sutherland Friday night were unsuccessful.

The legendary Log Cabin Restaurant, which includes a bar, is next to the falls and while the rescue was under way, the owner sent a representative to talk to journalists at the scene from The Batavian and the Daily News with a request that media outlets not report that the kids who swim and dive at the falls might enter the falls from the Log Cabin's property.

It's unknown how McCorry, Hoy and Sutherland, among the other youths enjoying the falls Friday, entered the area. 

The section of the Tonawanda Creek in the area of Indian Falls is owned by Genesee County and people can enter the area from near Route 77 without trespassing on private property. 

The volunteer fire departments of Indian Falls and Pembroke were the first emergency responders on scene.

Indian Falls and Pembroke volunteers set up a rope line across the creek and walked through the water to the north bank.

The Genesee County Rope Team -- made up of more than 20 volunteers from all of the county's volunteer fire departments -- responded to the scene along with Genesee County Emergency Services.

The team found a clearing in the brush along the creek's cliff on the north side and lowered a stretcher down to McCorry's location. Medical personnel were then lowered down.

It took more than 90 minutes to stabilize McCorry and slowly lift her to the top of the cliff.

Indian Falls Fire Chief Ed Mileham (bottom right inset) explained that it's a slow process to ensure both the safety of the victim and the rope crews.

"When you look at the fact that she's down 70 feet, the safest way up is up the bank," Mileham said. "We had 20 guys here from the (rope) team, they got down there, two of them set up harnesses and then they go down the bank -- yeah, by the time they get set up and everything, there's a little bit of time, but she appeared to be stable, so the guys were able to take their time and make sure they were safe before they got down in there."

Friday's mishap wasn't the first time this summer that Indian Falls and Pembroke responded to a near drowning at the falls.  

On June 5, another person looking for some recreation on the falls fell in and had to be rescued.

"It’s pretty dangerous," Mileham said. "If they don’t get far enough from the falls, they hit the rocks."

However, only two calls this summer is a far cry from how things used to be, Mileham noted.

"There’s been a problem down here for years," Mileham said. "Back in the '60s and '70s it used to be quite a place for kids to party and swim. I’ve been told that at one point there were 10 to 12 drownings here in one year from diving off the falls."

The Alabama and Oakfield fire departments also assisted at the scene.

Three-car accident on Thruway

By Billie Owens

A three-car accident is reported on the westbound Thruway at exit 48A. Pembroke and Indian Falls fire departments are dispatched.

UPDATE 3:01 p.m.: There are two trucks into a guardrail. No injuries. All units back in service.

Police Beat: Batavia man accused of choking another person

By Howard B. Owens

Thomas Michael Pillo, 40, of Alexander Road, Batavia, is charged with criminal obstruction of breathing and harassment, 2nd. Pillo is accused of choking and shoving a victim multiple times during a domestic dispute. The incident, at an address on Alexander Road, Batavia, was reported at 9 p.m., Wednesday.

Joseph Michael D'Amato, 19, of Sumner Road, Corfu, is charged with unlawful dealing with fireworks. D'Amato was arrested following a complaint at 12:05 a.m., Thursday, about fireworks in the Town of Pembroke. D'Amato allegedly set off fireworks "causing annoyance and alarm to several homeowners in the area."

Kateyln Christen Kubala, 22, of Maple Street, Batavia, is charged with petit larceny. Kubala is accused of shoplifting at Walmart.

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