accident

The attorney for an Alexander man accused of driving drunk at the time of a fatal accident in Darien wants to see the mobile phone records for the occupants of the car carrying the Dansville teenager who was killed.

District Attorney Lawrence Friedman says that Defense Attorney Thomas Burns is merely on a "fishing expedition" in his request for the records.

The request and Friedman 's response are in motions filed by the two attorneys in the case of 24-year-old Ronald J. Wendt.

Wendt faces a 12-count indictment in the case, including an enhancement charge that could lead to a 25-year prison sentence.

"The requested records are relevant and highly probative on the issue of the driver's attention to road conditions and other traffic immediately to the automobile accident," Burns writes. 

Burns goes on to note that distracted driving, according to the National Highway Transportation Safety Administration, accounts for 26 percent of motor vehicle accidents.

Friedman responded, "There has never been any indication that anyone in the victims' automobile was using a cell phone at or near the time of the collision ... Instead, the defense is simply attempting to engage in a "fishing expedition" ... The people are not in possession of, nor aware of, the existence of any such cell phone records. Furthermore, we fail to see the relevance of possible cell phone communications involving passengers in said vehicle. Finally, it is the People's position that there is no authority for the Defendant's baseless effort to obtain possible cell phone records of crime victims and that such discovery would be beyond the parameters of (evidence law)."

Katie M. Stanley was killed in the Aug. 14 accident. Stanley was a passenger in a Toyota driven by a friend from Dansville and there were two other passengers. The group was returning from Darien Lake on Route 5 when it entered Darien Center, where the speed limit quickly drops from 55 mph to 40 mph. Wendt was apparently the driver of a Dodge Ram pickup that turned left into the parking lot of My Saloon just ahead of the oncoming car.

The Toyota struck the rear of the pickup truck. There has been no evidence presented so far, nor reports of, skid marks or other evasive action by the driver of the Toyota.

Wendt reportedly told a Sheriff's deputy that he had been drinking beer that day while baling hay. Deputy Tim Wescott reported that Wendt demonstrated slurred speech, had the odor of alcohol and demonstrated poor coordination following the accident. He reportedly had a BAC of .08.

Judge Robert Noonan will hear oral arguments in the motions on Jan. 19.

Burns has also filed a standard number of motions to disclose evidence, open the Grand Jury minutes, dismiss the case on various grounds and suppress specific pieces of evidence on various legal grounds.

For previous coverage, click here (all previous stories on this topic are now tagged "Ronald J. Wendt").

A woman who was taken to Strong Memorial Hospital by ground ambulance following an accident on Clinton Street Road on Sunday night has been treated and released.

Margaret G. Foley, 86, of 6880 Lymon Road, Byron, reportedly lost control of her car on a snow-covered road, hit a mailbox and then a snow pile, causing her car to overturn onto the passenger side.

The accident occurred at 10:28 p.m. Sunday in the area of 5860 Clinton Street Road, Stafford.

The accident was investigated by Deputy Frank Bordonaro. No tickets were issued. No other vehicles were involved.

Here's our initial report.

A car is reportedly on its side in the area of 5860 Clinton St. Road, Batavia.

There are reportedly injuries.

UPDATE 10:40 p.m.: Stafford Fire is responding.  One older woman is trapped in the car. It's unknown if she's injured.

UPDATE 11:05 p.m.: "Victim extricated." Previously, Mercy Flight was dispatched and then cancelled.

UPDATE 11:21 p.m.: The driver is being transported to Strong Memorial Hospital by Mercy EMS. 

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Two teenagers were injured yesterday when one of them apparently lost control of the car he was driving on Sandpit Road.

The 2000 Chevy Pickup flew into a barn at 10298 Sandpit, Alexander, and landed on its roof in the basement of the barn.

Joseph Edel, 16, of 11 North St., Attica, was taken by Mercy EMS to UMMC with neck pain. His passenger, Michael A., Bigouette, 15, was transported by ambulance to UMMC complaining of chest pain.

The 4:35 p.m. accident remains under investigation by Deputy Cory Mower and no tickets have been issued.

Previously: Report of vehicle into a barn on Sandpit Road, Alexander

An accident with injuries has been reported in the area of 2687 Judge Road, Oakfield.

UPDATE 4:36 p.m.: A first responder, likely law enforcement, reports no injuries and suggested that Oakfield Fire not respond because of road conditions.

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A car has hit a pole and wires are down in the area of 7797 Oak Orchard Road (Route 98).

Minor injuries are reported.

Mercy EMS and Town of Batavia Fire have been dispatched.

Alexander Fire is being dispatched to a report of a vehicle crashing into a barn, with a possible roll over, on Sandpit Road.

The exact address is unknown at this time.

UPDATE 4:42 p.m.: No address yet, but the vehicle is upside down in the basement in the barn.

A two-vehicle accident with injuries is snarling rush-hour traffic on Main Street. The accident occurred in front of Denny's on West Main and one of the vehicles is said to have heavy front-end damage.

No word yet on injuries. Medics and tow trucks have been called to the scene.

Two people were injured Tuesday when a tired came off a truck and struck their car.

The truck driver was not cited following the accident that sent Marcia Gere, 63, and Colleen Gere to UMMC by ambulance for treatment.

Marcia reportedly suffered whiplash and Colleen was reportedly in shock and complaining of chest pain.

The truck is owned by Hanson Aggregates of Pavilion. It was driven by Michael J. Walker, 56, of Pavilion.

The accident occurred at 11:41 a.m. on Route 5 in Stafford.

Walker had a proper overweight permit, according to Deputy Brian Thompson, who investigated the accident.

A truck overturned after hitting a utility pole on Route 98 just north of Ridge Road in Orleans County.

The accident was originally reported as in Genesee County, so Elba Fire and Mercy EMS were dispatched.

It is apparently a minor-injury accident. The driver was out of the vehicle when crews arrived.

Power was knocked out to a nearby building.

The condition of a boy hit by a car on Washington Avenue last Wednesday has improved, according to Det. Richard Schauf of the Batavia Police Department.

Thirteen-year-old James Difalco is now listed in stable condition at Buffalo Women's and Children's Hospital, Schauf said this morning.

Difalco sustained a head injury when he reportedly ran into the street and was hit by a car. The driver has not been charged.

A Caledonia woman driving on Route 5 in Le Roy on Friday morning said she served to avoid a possible head-on collision, causing her car to travel off the opposite shoulder and hit a dumpster.

Cinthia Mae Seppe, 50, of 13 Birch Lane, suffered an internal injury and was transported around 11 a.m. to UMMC by ambulance.

The driver of the other vehicle is not known.

Seppe was westbound on Route 5 near Kenney Road at the time of the accident. She was driving a 1996 Chevrolet sedan.

The accident was investigated by Deputy Jason Diehl.

A Stafford man suffered a broken arm in an accident 2:43 a.m. Thursday after reportedly running his car off the road in Le Roy.

John Richenberg, 20, of 8891 Fargo Road, was charged with DWI.

Richenberg was reportedly eastbound on Route 5 when his car went off the south shoulder. The 2002 Ford SUV he was driving reportedly struck a small tree, then a larger tree and then a telephone pole.

A 20-year-old driver involved in a 4 a.m. one-vehicle accident in Batavia is in very serious condition at Erie County Medical Center, according to a hospital spokeswoman.

Eslie J. Worthington, III, 20, was driving a 1998 Dodge Ram pickup westbound on Batavia-Oakfield Townline Road when the truck traveled off the south shoulder and struck a culvert.

Worthington was the only person in the truck. He sustained head injuries and was taken to ECMC by Mercy Flight.

The Sheriff Office reports that the investigation is ongoing, but that "alcohol appears to be a factor." Charges are pending.

The investigation is being conducted by Deputy Jason Saile, with deputies Kevin McCarthy and Frank Bordonaro along with investigator Timothy Weis and Sgt. William Scott of the Crash Management Team.

A woman who possibly had a stroke while driving on Route 77 on Christmas Day remains in critical, but stable condition at Erie County Medical Center.

A spokesman for ECMC said the condition of Jean E. Germonte, 75, of 105 Sawyer Ave., Depew, "remains unchanged."

At 12:20 p.m on Friday, Germonte was reportedly driving her 2006 Chevrolet sedan southbound on Route 77 when callers reported a car fitting that description operating erratically. Deputy Loni Nati found the car on Route 77 allegedly going 10 mph in the northbound lane.

Nati called for State Police to block off the intersection at Route 77 and the Thruway overpass. During the incident, Nati reported Germonte's car slowing to 5 mph. It then reportedly hit a guardrail before driving into a snow bank.

Mercy EMS responded and requested that Mercy Flight be dispatched to the scene. Germonte was then flown to ECMC.

A car is reportedly on its side at 7636 Maple Street Road in Basom. There are no reported injuries at this time.

A car is on its roof on the Thruway following a single-vehicle accident.

Le Roy Fire and Mercy EMS are responding.

No word yet on injuries.

UPDATE 1:44 p.m.: A reader sent in the mobile phone picture. No word as yet on whether there are any injuries and it sounds like Le Roy Fire is back in service.

Shauna L. McDonough, 39, 504 West Center St., Beech Haven, N.J. is charged with DWI, aggravated driving with a BAC of .18 or greater and unlicensed operation. Sheriff's deputies responded to a report of a single-car accident on Route 63 off Fargo Road. The car was reportedly well off the roadway. Sgt. Greg Walker investigated the accident and determined that McDonough was traveling at an unsafe speed and was allegedly driving drunk.

A 17-year-old girl from Batavia has been charged with petit larceny. She allegedly stole from her employer, Kmart.

Tammy J. Alexyn, 34, of 48 Longs Lane, Corfu, is charged with DWI, driving with a BAC of .08 or greater, and driving left of the pavement markings. Alexyn was stopped on Brown Road in the Town of Batavia by Deputy Jason Saile at 1:34 a.m. today.

Kristy L. Sherman, 23, of Bloomfield, has been charged by State Police with harassment. The alleged harassment took place in Le Roy Dec. 18 at 8:31 p.m. No further information available.

An accident with injuries has been reported at Bank Street Road and Batavia-Elba Townline Road.

Mercy EMS and Elba Fire have been dispatched.

Was a truck driver using a laptop computer in his cab prior to striking a disabled vehicle on the Thruway on Dec. 12?

State Police are using computer forensics to try and answer that question.

The driver of the disabled vehicle, Julie I. Stratton, 33, of Snyder, was killed in the accident.

The Buffalo News reports:

State Police want to know why the operator of the tractor-trailer wasn’t able to avoid Stratton’s car, which was disabled in a collision with a deer a few minutes earlier, when several other vehicles were able to swerve around her.

The News also confirms that Stratton placed a call to 911 prior to the truck striking her car.