pembroke

A vacant house is reportedly on fire at 2881 Pratt Road.

East Pembroke Fire was initially dispatched.

Tankers from Batavia, Corfu and Oakfield requested to the scene.

UPDATE 9:18 p.m.: Fire police requested to shut down Pratt at Powers and Miller roads.

UPDATE 9:48 p.m.: Alabama tanker requested to the scene.

UPDATE 9:52 p.m.: Alabama tanker not available. Pembroke and Indian Falls tankers requested to the scene.

View Larger Map

The Sheriff's Office is investigating a series of car break-ins on Gabby Road, Town of Pembroke that occurred Thursday night between 10:30 and midnight.

Four cars were entered at two residences and one credit card was taken.

The card was used or attempted to be used at several stores in Erie County. 

Chief Deputy Jerome Brewster said not all of the charges were available as of yesterday, but the total is likely only a few hundred dollars.

The value of other items stolen likely exceeds $1,400 (GPS units, purses, sunglasses, etc.).

Brewster said these break-ins do not appear related to the credit card thefts from cars reported earlier in the week.

There's no new information available on that case.

Pembroke teacher Gregory Kinal and his daughter, Brooklyn teacher Tracy Kinal, began a pen-pal program so that their respective seventh-grade classes could get a taste of the other’s way of life.

Six years later, the program continues to thrive.

Last Friday, 40 seventh-graders from Shallow Intermediate School in Brooklyn finally met their Genesee County pen pals after corresponding with them throughout the school year.

Arriving in a bus at Pembroke Junior/Senior High School, the teachers paired up everyone for a brief meet-and-greet before enjoying special games run by the physical education department.

Their weekend activities included marching in the Stafford parade and traveling to Niagara Falls for a day of hiking and fun.

According to Gregory Kinal, who has taught at Pembroke for 40 years, the pen-pal program serves mainly as an examination of city vs. country culture, the similarities and differences between the two.

This sometimes leads to interesting revelations. One year, the Shallow students were noticeably surprised to see an area in Pembroke without sidewalks. Another year, one student asked, “How do you get a cab out here?”

The program, funded by businesses in Buffalo, Binghamton and Brooklyn, has also led to long-lasting friendships.

"Even after six years,” Kinal says, “some pen pals still keep in contact with one another.”

Both father and daughter decided a possible reversal of the program, sending the Pembroke kids to Brooklyn, would be both expensive and distracting.

"Pembroke has a lot to offer,” Gregory Kinal says, pointing out his students would eventually get the chance to go on their school trip to Washington the following year.

After playing variations of team tag, charades and musical chairs, the students spent the rest of the afternoon eating pizza and chatting.

Tracy Kinal, who has taught English-as-a-second-language for eight years, said that her class of new and former immigrants would discuss the pluses and minuses of their Pembroke experience once they returned to Brooklyn. Her father would similarly talk about the Brooklyn students with his class.

“Not everything looks like NYC,” Tracy Kinal explains.

“We live in a multi-cultural society,” Gregory Kinal says. “There’s a world outside of Genesee County.”

For a year-end project, I thought it would be cool to take some video and pictures of music- and arts-related activities -- respectively -- in the Genesee County schools.

The following video is 20 minutes long and divided into two parts (Youtube limits most users to about 10 minutes per video). It features concert footage from various schools in the county.

PART 1

PART 2

I have to make a quick apology for the poor video quality in a couple of instances. I had to be very careful to protect the identity of the kids (the ones photographed without parental approval), so I made sure none of the students' faces appeared too clearly on camera; plus, to be honest, the first camera I used turned out to be pretty awful when it came to taking video (even while taking decent pictures).

I also feel bad that I couldn't include every group I filmed in the video. My selections were based on a combination of different criteria, including:

•  making sure the best songs were included
•  making sure all of the schools I visited were included
•  arranging the selections in a way that flowed nicely

So there's the music part. Here are some pictures I was able to take of art work done by Elba and Leroy students:

ELBA ELEMENTARY ART

Kindergartener Cody Soules stands in front of his drawing of a tree branch (top right).

First-grader Taylor Augello stands with her rendition of Van Gogh's "The Starry Night" (right above her head).

ELBA HIGH SCHOOL ART

Both of the following pictures were submitted by Dan Carnevale. Sophomore Sydney Gallup (top photo) and two unidentified students stand with their drawings.

LEROY JUNIOR/SENIOR HIGH SCHOOL (art and artists)

Also, see the May 27 announcement on the winners of the Architectural Drawing contest for fourth-graders.

Congratulations all of the students for a job well done!

Lucinda Dawn Barber, 40, of 141 Tracy Ave., Batavia, is charged with grand larceny, 4th. Barber is accused of stealing another person's wallet while in a check-out line at Walmart. Barber was jailed on $10,000 bail.

Robert J. Eppolito, 27, of 41 Maple St., Batavia, is charged with endangering the welfare of a child and harrassment, 2nd. Eppolito allegedly pushed a person while that person was holding an infant. He was jailed on $1,000 bail.

Gregory Robert Lyons, 21, of Dry Bridge Road, Alexander, is charged with trespass. Lyons was allegedly operating an all-terrain vehicle on the old railroad bridge over Creek Road.

Kevin J. Compton, 48, of 9791 Clipnock Road, East Bethany, is charged with DWI. Compton was stopped at 2:10 a.m., Sunday, on Lake Street for alleged failure to use a turn signal.

Adam M. Kreutz, 21, of Byron-Holley Road, Byron, is charged with a felony count of DWI, felony driving with a BAC of .18 or greater and felony unlicensed operation. Kreutz was stopped at 2:04 a.m., Saturday, by Sgt. Greg Walker on Route 237, Stafford.

Stacey Jean Donahue, 36, of Cook Road, Byron, is charged with harassment, 2nd. Donahue is accused of striking another person in the face.

Michael S. Miller, 24, of East Eden Road, Eden, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and moving from lane unsafely. Miller was stopped at 1:05 a.m., Saturday, by Deputy Chris Parker on Route 5, Pembroke.

Thomas M. Cromey, Jr., 33, of Chili-Riga Center Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater and failure to keep right. Cromey was stopped at 12:07 a.m., Saturday, by Deputy Chris Parker, on Route 237, Stafford.

Ashleigh Lynn Daniels, 22, of Kent Road, Kent, is charged with DWI, driving with a BAC of .08 or greater and speeding. Daniels was stopped at 12:36 a.m., Saturday, by Deputy James Diehl on Route 33, Pembroke.

A van fire has been reported in the area of mile marker 396.1 of the Thruway.

Several callers reported the fire.

East Pembroke and Town of Batavia have been dispatched.

A chief reports the fire was knocked down with available fire extinguishers while awaiting fire truck response, but the fire is starting to go again.

UPDATE 3:56 p.m.: Traffic is stopped in the westbound direction.

UPDATE 5:27 p.m.: Fire units cleared the scene some time ago and traffic is starting to flow again. Photo by Destin Danser.

A car fire is reported at mile marker 400 in the eastbound lanes of the Thruway. Pembroke and Indian Falls fire department are responding.

Responders on scene report flames showing.

Thomas M. Rastelli, 26, of Dewhirst Road, Gasport, is charged with a felony count of DWI, driving with a BAC of .08 or greater, leaving the scene of a personal injury accident, aggravated unlicensed operation, failure to stop at a stop sign and consumption of alcohol in a motor vehicle. Rastelli is accused of being involved in a one-car accident at 1:12 a.m. today on Route 5 in Pembroke. The incident was investigated by Deputy Jason Saile. Rastelli was jailed on $20,000 bail.

Shawn Michael Irish, 39, of Lake Street, Perry, is charged with illegal possession of a hypodermic instrument and unlawful possession of marijuana. Irish was stopped on May 16 by Deputy Brian Thompson in the area of 16 Bank St. for an alleged traffic violation. Thompson's K-9 reportedly alerted on Irish's vehicle.

Ronald Lewis MacGregor, 41, of Cole Road, Le Roy, is charged with criminal possession of a controlled substance. MacGregor was stopped on May 16 by Deputy Brian Thompson in the area of 16 Bank St. for an alleged traffic violation. Thompson's K-9 reportedly alerted on Irish's vehicle.

Kenneth M. Gray, 18, of 77 Myrtle St., Le Roy is charged with criminal mischief and robbery, 3rd. Gray is accused of forcibly taking property from a friend and then damaging the property during an alleged domestic incident on Sunday. Gray was jailed on an unspecified bail.

Jason M. Brooks, 32, of 98 Wilmont St., Rochester is charged with disorderly conduct and resisting arrest. Brooks is accused of being involved in a fight on Mill Street on Monday. Det. John Condidorio responded to the scene. During the investigation, Brooks allegedly used profane language numerous times in public and after being advised he was under arrest, allegedly physically resisted causing a minor struggle to ensue.  Brooks was jailed on $3,000 bail.

Michael L. Ruth, 42, of Stafford, is charged with harassment, 2nd. Ruth was arrested by State Police for an alleged incident at 1:12 p.m., May 17, in Bergen. No further details were released.

Jonathan Martinez, 22, of Batavia, is charged with DWI, operation impaired by drugs, unlawful possession of marijuana, speeding and driving without a license. Martinez was stopped 10:15 p.m., Monday on Route 33 in Bergen by State Police.

Accidents reported in the State Police blotter:

8:54 a.m., June 6, Genesee Street, Pembroke, one vehicle; Driver 1: Steven F. Marra, 17, of Corfu. No injuries reported.

10: a.m., June 6, Court Street, Batavia, two vehicles; Driver 1: Mary A. Luce, 72, of Corfu; Heidi Whelan, 42, of Batavia. No injuries reported.

12:54 p.m., June 6, Route 63 and Route 20, Pavilion, three vehicles; Driver 1: Yanely Mencia, 22, Corona; Driver 2: Gerald C. Burch, 41, Le Roy; Driver 3: Steven J. Morore, 50, East Bethany. No injuries reported.

Richard John Abramski, 22, of Main Road, East Pembroke, is charged with disorderly conduct. Abramski is accused of obstructing traffic in the area of 1993 Genesee Street, East Pembroke, by standing in the drive lane, causing traffic to move to avoid hitting him. Abramski was allegedly drunk at the time. The alleged incident occurred at 11:23 p.m., Saturday.

Danny J. Torok, 23, of 12 Elm St., Batavia, is charged with harassment, 2nd, and endangering the welfare of a child. Torok is accused of slapping, pushing and pulling the hair of his girlfriend while holding his 4-month-old daughter. He was jailed on $2,500 bail.

Jeremy Dean Lyons, 25, of Judge Road, Oakfield, is charged with unlawful possession of marijuana, unsafe lane change and speeding. Lyons was stopped by Deputy Thomas Sanfratello at 5:25 p.m., June 1, at 14 Weber St., Oakfield.

Joseph Stephen Vernaccini, 34, of Clipnock Road, Stafford, is charged with DWI, failure to keep right and refusal to take breath test. Vernaccini was reportedly involved in a one-car accident 12:44 a.m., Saturday, in the area of 7000 Route 5, Le Roy. Vernaccini was jailed on $500 bail.

Justino Sanchez, 50, of West Ridge Road, Brockport, is charged with DWI, aggravated unlicensed operation, failure to keep right, improper right turn. Sanchez was stopped by Deputy James Diehl at 10:47 p.m., Friday, in the area of Route 98 and Edgerton Road, Elba. He was jailed on $1,800 bail.

A 17-year-old from Clarence was arrested by State Police in Darien at 8:05 p.m., Wednesday. She is charged with DWI, failure to keep right, crossing road hazard markings and unlawful possession of marijuana.

A 16-year-old from Williamsville was arrested by State Police at 8:05 p.m., Wednesday, in Batavia for unlawful possession of alcohol.

John J. Smalley, 47, of Oakfield, is charged with harassment and criminal mischief. Smalley was arrested by State Police at 12:50 a.m., Sunday, in the area of 7020 Macumber Road, Oakfield. No further details were released.

Accidents from the State Police blotter:

4:57 p.m., June 5, Bernd Road, Pavilion, two vehicles; Driver 1: Laurie Jean Lerkins, 33, of Le Roy; Driver 2: Heather M. Coates, 24, of Rochester. One injury reported.

4:46 p.m., June 3, Genesee Street, Pembroke, one vehicle: Driver 1: Jennifer L. Mroz, 49, of Batavia. One injury reported.

10:32 p.m., June 3, Lewiston Road, Batavia, two vehicles: Driver 1: Robert M. Laskowski, 24, of Chaffee; Driver 2: Matthew J. Quinn, 25, of Attica. No injuries reported.

Convicted murderer Scott Doll allegedly tried to smuggle aspirin into the Genesee County Jail.

Chief Deputy Jerome Brewster said that lab results came back this morning on the white powder reportedly found hidden on Doll's body.

Brewster said the green balloon containing the aspirin was taped to Doll's inner buttocks.

"I have no idea why (he hid aspirin on his body), Brewster said.

Doll still faces a count of promoting prison contraband, because even aspirin can't be snuck into the jail.

If the substance had turned out to be any kind of more serious drug, the charges would have been elevated, Brewster said.

Doll was allegedly found with the balloon on his body during a routine jail processing search after he was convicted May 21 of killing 66-year-old Joseph Benaquist by bludgeoning him to death outside his Pembroke home on Feb. 16, 2009.

Doll is scheduled to appear on June 29 in City Court to answer the charge of promoting prison contraband.

He will be sentenced on the murder charge on July 2. He faces a sentence of either 15 years to life or 25 years to life.

Michael T. McKeever, 42, of Ellicott Street Road, Pavilion, is charged with menacing, 2nd. McKeever is accused of exiting his home with a shotgun and approaching his son with it during a domestic incident. McKeever then approach a car and shot out the passenger-side window. At McKeever's arraignment, an order of protection was issued and McKeever was ordered to turn over all of his weapons to the Sheriff's Office.

Randell Lee Krtanik, 59, of State Street, Batavia, is charged with DWI, moving from lane unsafely, failure to reduce speed for hazard. Krtanik was arrested following a traffic accident on Bethany Center Road, Bethany, at 11:33 a.m., May 22. Krtanik was uninjured in the accident, and neither the mailbox he hit nor his vehicle were damaged. Krtanik allegedly swerved to avoid another car making a turn. The accident was investigated by Sgt. Thomas Sanfratello.

Melvin Leverne George, 42, of E Avenue, Akron, is charged with trespass. After being arrested for an alleged fight on Council House Road, Alabama, George is accused of staying on private property after being told to leave.

Robert Conrad Grant, 48, of West Main Street, Batavia, is charged with criminal possession of stolen property. Deputy Jason Saile reports that at 2:22 a.m., Sunday, he stopped Grant on Angling Road, Pembroke. Upon investigation, Saile determined that Grant was allegedly in possession of stolen telephone wire from a property on Route 5, Pembroke. Grant allegedly fled the scene of the traffic stop on foot. Grant was also charged with unlicensed operation, driving left of pavement markings, unregistered motor vehicle, consumption of alcohol in a motor vehicle and failure to yield to an emergency vehicle. Grant was issued an appearance ticket.

Route 77 at the Thruway is apparently blocked following a traffic accident involving a tractor trailer.

At least one person suffered minor injuries.

Pembroke and Indian Falls Fire are responding as well as Mercy EMS.

There's a report of "quite a bit of liquids leaking."

Scot Geoffrey Judd, 27, of Caroline Street, Albion, is charged with unlawful possession of marijuana. Judd was stopped for an alleged traffic violation by Sgt. Brian Frieday on West Main Street Road in Batavia.

Lee J. Zawicki, 22, of Batavia, is charged with unlawful possession of marijuana. Zawicki was cited by State Police at 1:05 a.m., Thursday, in Pembroke.

A juror in the Scott Doll murder trial contacted The Batavian today and after confirming the juror's identity, we agreed to anonymously publish this account of the juror's experience.

I just have a couple things to say about the Scott Doll trial. I was a  juror who sat in the front row. I would not like to give my name or my number as I am not trying to cause any problems with this statement, just  want to clear some things up, that have been on my mind since last Thursday.

I wanted to start off by saying that none of us in the jury chose to be in that box for the three weeks, we were chosen by both sides of the case as they felt we were the most impartial and non-biased individuals out of the pool they had to choose from. That being said, I would like to also tell everyone that none of us had preconceived notions as to the guilt or innocence of Mr. Doll. And for those of you who have comments such as "shame  on the Jury," you were not in that deliberation room discussing the facts/evidence so you have no idea what we went through.

No one but the 12 of us that were locked in that room for 12 hours knows what we discussed, and let me tell you there was quite a lot of discussion taking place. I do not like the fact that almost instantly people comment that we locked up an innocent man, that there is a "real" murderer on the streets. To you all, we all examined the evidence, and listened to all the testimonies. We all listened to the opinions and concerns that each of us had, and NO ONE was forced into making a guilty verdict when we took our  final vote.

We DID NOT rush things to get it over with. Anyone who had reservations on coming up with a verdict was allowed to voice their opinions. It all comes back to the evidence. Mr. Cambria told us to use our "common sense" when it came to deliberating on a verdict. We all felt that the evidence all pointed back to Mr. Doll, and to us that was "Common Sense" as that is what the evidence showed us. If there had been other evidence showing otherwise we would have considered it.

For the record, it's not the easiest thing to give a guilty verdict either. Knowing someone's life was in our hands weighed on our hearts and minds those final minutes of the trial. And it is definitely not easy to hear the cries and look at the faces of the family either, even when you know that the right thing was done according to the evidence that was presented to us. I'm sorry if that upsets some of you reading this, but trust me I have not nor will I ever forget this event. I have certainly not moved on with my life and left it behind. And I hope to never have to do something like this again.

My thoughts and prayers are with both the Doll family as well as the Benaquist family. I know that both families are now missing a member, and things will never be the same, and that is something that I will think about daily, for the rest of my life. If anyone thinks otherwise they are greatly mistaken.

A truck driver who was reportedly looking at porn on a laptop computer prior to slamming his truck into a disabled car on the Thruway in Pembroke pled guilty today to manslaughter.

The Dec. 12 accident took the life of a mother from Snyder, 33-year-old Julie Stratton.

Thomas M. Wallace, 45, of Brook Park, Ohio, could face up to 15 years in prison.

More from the Buffalo News, including video.

A Florida man who was working as a driver on a Kid Rock tour bus last year when stopped by deputies on Route 77 in Pembroke admitted to a misdemeanor charge of DWI today.

Joseph S. Devlin, 38, of St. Augustine, Fla., was facing a felony DWI charge, but the felony was dismissed by Judge Robert C. Noonan because there was no "competent proof" as to the weight of the 2003 Prevost Tour Bus that Devlin was driving.

Under terms of the plea, Devlin will be given probation if his local probation department agrees to supervise the case.

If Florida probation refuses to accept supervision of Devlin, his plea will be withdrawn.

Under questioning from Noonan, Devlin admitted to driving the tour bus on July 15, 2009, and that he consumed alcohol prior to getting behind the wheel, and that his ability to operate the bus was impaired to a "substantial degree."

Sentencing is set for Sept. 1.

A two-vehicle accident has been reported on Route 5, a quarter mile west of the Pembroke Fire Hall, in Pembroke.

At least one person is injured, still in a car, but not trapped.

Pembroke Fire and Mercy EMS are responding.

Scott F. Doll, convicted today of murder, 2nd, for the beating death of Joseph Benaquist, was arrested, seemingly, as soon as he entered the Genesee County Jail.

According to a Sheriff's Office press release, Doll tried to conceal on his body a green balloon containing a white powdery substance.

The substance has been sent to a lab for testing.

Doll will appear in Batavia City Court on June 1 to answer the charge of promoting prison contraband, 2nd.

The investigation is continuing, according to the Sheriff's Office.

UPDATE:  Added newest Genesee County Jail mug shot of Scott Doll.

BATAVIA, NY -- Following a conviction for murder, 2nd, by a jury of 12 honest Genesee County residents today, Corfu resident Scott Franklin Doll, 48, is facing a possible state prison sentence of at least 15 years to life for beating to death Joseph Benaquist, 66, on Feb. 16, 2009.

"How do you find the defendant, Scott F. Doll, charged with murder in the second degree, guilty or not guilty?" a court clerk asked the woman appointed as jury foreperson. The woman answered "Guilty," and people on both sides of the aisle in the courtroom let out  gasps.

At least two women sitting on the defense side began to cry and sob immediately, with at least one person rushing from the courtroom in tears.

Judge Robert C. Noonan set July 2 as the sentencing date and Doll, who came to court in a pressed blue suit, stood motionless as the verdict was declared. He displayed no emotion as he was escorted from the courtroom by deputies to a holding cell in the courthouse.

His attorney, Paul Cambria, met with him privately for about 20 minutes after the verdict and said later that Doll's first words were, “I’m an innocent man and I’ve just been convicted of a crime."

Cambria said there will definitely be an appeal.

"We have a very strong issue on appeal that we intend to pursue," Cambria said. "I’m going to look forward to this conviction being reversed and for us to retry this case at another time."

Cambria's main point of appeal, he said, is the continued questioning by investigators after Doll repeatedly asked to speak to an attorney.

"New York State has the strongest right-to-counsel law probably of all 50 states," Cambria said. 

Doll asked for an attorney very soon after being confronted by Sheriff's Deputies on North Lake Road on Feb. 16. 

In pre-trial motions, District Attorney Lawrence Friedman argued that under what is known as the "emergency doctrine" -- when investigators believe they must get information from a person in order to save a life -- they can continue to question a suspect who has asked for an attorney.

Cambria will likely challenge the use of statements by Doll against him at trial, especially, perhaps, those made after Benaquist's body was found and the emergency doctrine might no longer at issue.

Both Friedman and Sheriff Gary Maha were clearly pleased with the outcome, stating that the right verdict was reached.

"We just hoped the jury would see the truth and see past the defense that was raised," Friedman said. "We are very pleased with the outcome."

Maha said there was never any doubt in his mind that Doll was the killer.

"He lied from the beginning," Maha said. "There was no way he was telling the truth in his testimony. Based on what I saw at the scene, the amount of blood, there is no way he could explain that without being involved."

Maha characterized Cambria's closing argument as fabrications and speculation.

"There is no evidence there at all," Maha said. "I think the jury saw through that and concentrated on the evidence and came out with the right verdict."

Friedman, in his closing argument, called Cambria's defense theories, "speculation." Cambria said after the verdict today that he found Friedman's characterization ironic.

"They (the prosecution) do that all the time (claim "speculation")," Cambria said. "That’s a standard argument that is made. It’s interesting that when that argument was made, the District Attorney then went into all of these various scenarios that no one testified about and we thought, ‘Where’s the speculation coming from?’ Talking about people under cars and the jacks and there wasn’t any of that  evidence in the case."

What the case came down to, Friedman said, was Doll's motivation kill Joseph Benaquist.

"As I said in my opening and my closing, it was all about cars and money," Friedman said. "I still believe that’s the case. Whether this was a premeditated murder for those reasons or whether there was an argument that led to this happening, I firmly believe that’s what it was about."

Even though he isn't happy with the verdict, Cambria -- who has had an unshakable faith in Doll's innocence for 15 months -- said he still believes in the system.

"I have never criticized the system," Cambria said. "I believe in the system. I obviously think the verdict was the wrong one. I can’t recall a case that I’ve had that had as many reasonable doubts as this case had."

Joe Benaquist's stepsons, John and Josh Garcia, said they felt it was nice to see the system work.

"It doesn't bring our dad back," John said, "but it does bring a little closure."

Joe's girlfriend, Judy Scott, said, "My heart goes out to Scott's family. They don't deserve this. They seem like a good family."

She declined further comment.

Friedman credited volunteer firefighter James Waff with making the key difference in the case.

"Right from the start of this case, having a citizen call in a suspicious person walking down the road and doing the right thing  -- look what it led to," Friedman said. "I’m not sure how this case would have turned out if that person had not made that phone call to the Sheriff’s department."

Photos: Top, Lawrence Friedman; first inset, Sheriff Gary Maha; second inset, Paul Cambria; Bottom, Cambria and Daniel Killelea exit the Genesee County Courtroom to meet with the media.