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Accident with injuries and blocking traffic is reported on Transit Road in Stafford

By Billie Owens

A two-vehicle collision with injuries, and blocking traffic, is reported in Stafford at 9710 Transit Road.

The location is between East Bethany - Le Roy Road and Wescott Road. Stafford and Bethany fire departments are responding, along with Mercy medics and law enforcement.

UPDATE 3:06 p.m.: The roadway is completely blocked. One patient has minor injuries and needs to be evaluated by medics. One vehicle is disabled and a tow is called.

UPDATE 3:12 p.m.: Northbound traffic on Transit Road will be stopped at East Bethany - Le Roy Road. One patient refused medical aid.

UPDATE 3:16 p.m.: Dan's Towing is sending two tows to the scene.

Accident reconstruction of fatal Darien hit-and-run builds tension during Serrano trial

By Lauren Leone

Defense counsel called its first witness, Sgt. Jason Saile from the Genesee County Sheriff's Office, to testify about the motor-vehicle accident reconstruction that he conducted Aug. 11 after a hit-and-run accident in Darien that killed 18-year-old Connor Lynskey. 

Saile said his assignment was to document the evidence found at the accident scene on Sumner Road and draw conclusions about the vehicle-pedestrian collision based on his certification in accident reconstruction.

In Saile’s accident reconstruction report, he noted that the only environmental factor that may have influenced alleged drunk driver Jennifer Serrano was decreased visibility due to the darkness of the unlit road. Otherwise, Sumner Road was clear, dry and its pavement relatively even.

When defense attorney Frank LoTempio asked whether intoxication played a role in the accident, Saile responded with, “Absolutely.” The sargeant maintains that alcohol consumption around the time of the Jason Aldean concert at Darien Lake Performing Arts Center affected the perception of both pedestrian Lynskey and driver Serrano as they departed the performance. 

Saile also attested to the fact that the crash data reporter in Serrano’s Jeep did not detect any signs of heavy braking, swerving or a change in velocity as she traveled along Sumner Road. Her vehicle, according to Saile, never slowed down or maneuvered at any point before or during the impact with Lynskey. 

Earlier testimony from Nathan Balduf, deputy and motor-vehicle inspector with the Genesee County Sheriff’s Office, offered that there were no vehicle mechanical failures in relation to the accident. Saile testified that no skid marks from Serrano’s vehicle were observed on the pavement or gravel shoulder.

Lynskey’s behavior on the night of his death was brought into question before jurors. LoTempio alleged that Lynskey was in violation of NYS Vehicle and Traffic Law 1156b, which states pedestrians must walk against the direction of traffic where sidewalks are not provided. The landing spot of Lynskey’s body indicated he may have walked or jogged in the same direction as Serrano’s Jeep.

A diagram of the accident scene on Sumner Road was also produced by Saile during his investigation. Although Saile reported an 87-foot debris field along both the road and the shoulder, the sergeant said it was difficult to determine the exact location of impact due to the unknown velocities of both Lynskey and Serrano. 

Saile also testified he is uncertain of his initial finding that the collision occurred on the pavement rather than on the shoulder. This discrepancy evoked emotion in Frank LoTempio, who remarked in his opening statement that Lynskey may have been hit because he was intoxicated and tripped on the pavement in front of Serrano’s vehicle. 

Tensions peaked when District Attorney Lawrence Friedman objected to questioning about a footprint found in the gravel and the possibility of Lynskey falling. Friedman argued LoTempio did not establish evidence or expertise for Saile to testify that Lynskey tripped. 

LoTempio insisted the sergeant could speak to the evidence he used when preparing his motor-vehicle accident reconstruction. The attorneys grew so animated that Judge Charles Zambito excused the jury for a 10-minute adjournment and called a bench conference. 

Serrano is charged with vehicular manslaughter, leaving the scene of an accident without reporting it, driving while intoxicated and aggravated unlicensed operation of a motor vehicle. Jurors will attempt to reconstruct the accident scene for themselves as the trial continues at 9 a.m. tomorrow in Genesee County Court.

Bicyclist hit on Ellicott Street

By Howard B. Owens

A car-bicycle accident is reported at 56 Ellicott St., near the former Santy Tires location.

No word on injuries.

City fire and Mercy EMS responding.

Deputy testimony during fatal Darien hit-and-run trial sparks controversy over sobriety tests

By Lauren Leone

Genesee County Sheriff's Deputy Robert C. Henning took the stand today and recalled details about his arrest of alleged drunk driver Jennifer Serrano the night of a hit-and-run accident in Darien that killed 18-year-old Connor Lynskey of Hinckley last August. 

District Attorney Lawrence Friedman conducted a direct examination of the deputy in Genesee County Court today. Henning said that at approximately 1 a.m. on Aug. 11, he was traveling northbound on Route 77 to the county jail with an inmate who had just been arraigned in Darien Town Court.

Henning said that if Serrano's Jeep Wrangler had stayed on the shoulder of the road after she backed out of a driveway, he would have driven past her. However, the Jeep suddenly pulled onto Route 77 in front of the deputy's vehicle, which caused him to slam on his brakes to avoid a collision and swerve into the southbound lane of 77.

The deputy said he turned on his emergency lights and pulled over the Jeep moments after the near-collision. Serrano would have been charged with a minor traffic violation until Henning suspected she was impaired. Henning said he observed Serrano’s glassy eyes, slurred speech and a strong odor of alcohol on her breath.

Both Friedman and defense attorney Frank LoTempio entered Henning’s body camera footage into evidence so jurors could evaluate Henning and Serrano’s behaviors for themselves. Videos showed Serrano’s difficulty exiting her vehicle and maintaining her balance as she met Henning behind her vehicle.

Henning’s testimony revealed that Serrano’s statement to him about her whereabouts on Aug. 10 was not accurate. She said she traveled from Silver Creek, near Angola, to pick up her friend Candace Gilden from the Jason Aldean concert at Darien Lake Performing Arts Center. In reality, Serrano drove from Derby to the Town of Darien to also attend the concert. 

Henning said he could understand almost everything he was told by Serrano during the investigation. Friedman raised the question of whether Serrano’s alleged intoxication decreased her understanding of Henning’s directions. Serrano repeatedly asked about contacting family members, going to her friend’s home, and what was going to happen to herself and her vehicle. 

The deputy consistently answered her questions with the same answers, yet Serrano continued to ask them. In the body camera footage, Serrano also appeared to struggle with the instructions and sobriety test demonstrations given to her several times by Henning.

Henning testified that Serrano failed her "horizontal gaze nystagmus test" in which he moved a writing pen in front of Serrano as she attempted to follow its tip at different angles with her eyes.

During the walk-and-turn test, Serrano started the test too soon, raised her arms for balance and needed assistance to stay upright. Serrano did not walk heel to toe in a straight line, nor did she pivot correctly while turning nor take enough steps. Serrano therefore failed the test -- both when she wore flip-flops and while walking barefoot.

Serrano also failed a test where she was asked to raise her foot off the ground for half a minute, because she swayed, raised her arms for balance, and set her foot down before reaching 30 seconds. 

Henning said that when he asked Serrano to perform the alphabet from letter E to R, she failed to follow his instructions because she recited E through S before remembering she only needed to recite through R. LoTempio argued that his client performed the test correctly regardless of the small mistake.

Serrano lastly needed to blow into an Alco-Sensor breath-alcohol tester for a duration of time in order for an accurate blood-alcohol content reading to register. Since Serrano’s first test was insufficient and she avoided several attempts to submit to the test afterward, Henning placed her under arrest. 

During testimony today, Henning said Serrano also signed three refusal warning forms at the Batavia Police Department for refusing to submit to a DataMaster alcohol detection test in Batavia. She was later taken to Darien Town Court where her driver's license was suspended and then released from custody with tickets for allegedly drinking while intoxicated.

Serrano was charged with vehicular manslaughter, leaving the scene of an accident without reporting it, driving while intoxicated, and aggravated unlicensed operation of a motor vehicle. 

Serrano never reported hitting anything during the four-and-a-half hours she was in the presence of Sheriff’s deputies, police officers and a judge. LoTempio countered that no law enforcement officials noticed her vehicle's damaged windshield and right-side rear-view exterior mirror until it was discovered on Aug. 12. 

LoTempio challenged Henning’s execution of the tests during cross examination by claiming that sobriety tests only indicate intoxication, if they are all performed correctly. Henning maintained that traffic, darkness and the slight slope of Route 77 were factors that should not have a significant impact on Serrano’s sobriety-test performance.

A pregnant pause filled the courtroom after LoTempio asked Henning a final question. If Serrano performed so poorly on tests while supposedly intoxicated with a BAC of 0.8, how could Lynskey have conducted himself normally while he was traveling on foot along Sumner Road with a 0.16 BAC at the time he was struck by Serrano’s vehicle? 

Her trial will resume at 9:30 a.m. Thursday morning at Genesee County Court.

Possible serious injury one-car accident reported on Akron Road in Pembroke

By Billie Owens

A possible serious injury one-car accident is reported in Pembroke at 555 Akron Road. A male in the back seat of a vehicle is inconscious. Mercy Flight in on standby. Pembroke and Indian Falls fire departments are responding, along with Mercy medics.

The location is between Marble and Remsen roads.

UPDATE 6:50 p.m.: East Pembroke Fire Police are called to set up a landing zone near the crash site.

UPDATE 7:13 p.m.: One patient is being transported to ECMC by Mercy medics.

UPDATE 7:16 p.m.: A patient is being transported to a hospital by Mercy Flight. The assignment is back in service.

Cause of Le Roy woman's death following accident in Pavilion is under investigation

By Howard B. Owens

A 49-year-old Le Roy woman died Tuesday after suffering serious injuries in a motor-vehicle accident on Route 20 in Pavilion on Monday.

Holly C. Neuffer was driving a 2010 Nissan Murano westbound on Route 20, according to the Sheriff's Office, when she failed to negotiate a curve in the road and went off the north shoulder. The Nissan struck a tree head on in the vicinity of 7550 Route 20 at 3:35 p.m.

Neuffer was transported by Le Roy Ambulance to Strong Memorial Hospital.

A medical examination will be required to determine whether Neuffer died as a result of her injuries or from another medical condition.

The crash remains under investigation. Conducting the investigation are Chief Deputy Brian Frieday, Sgt. Andrew Hale, Investigator James Diehl, Deputy Ryan DeLong, and Deputy Robert Henning.

Assisting at the scene where the Le Roy Fire Department, Pavilion Fire Department, Mercy EMS, and State troopers.

Passenger in vehicle involved in fatal Darien hit-and-run accident testifies in Serrano trial

By Lauren Leone

Attorneys spent more than an hour hashing out details this afternoon with Candace Gilden about the moments before, during and after she rode with an alleged drunk driver the night of a hit-and-run accident in Darien that killed 18-year-old Connor Lynskey last August.

Passenger Gilden, driver Jennifer Serrano and pedestrian Lynskey had all departed a Jason Aldean concert on Aug. 10 at Darien Lake Performing Arts Center intending to safely to go to their destinations. 

Gilden, a 41-year-old former Derby resident, was a passenger in her friend Serrano’s Jeep Wrangler when Serrano unknowingly struck Lynskey on Sumner Road.

New evidence came to light in Genesee County Court today as Gilden was called upon by District Attorney Lawrence Friedman to recount her perception of that fateful night during direct examination.

She said that earlier in the afternoon of Aug. 10, she and Serrano, a 48-year-old resident of Irving, met up and consumed one alcoholic beverage each prior to purchasing more alcohol at Tops Friendly Market in Derby.

Serrano and Gilden packed coolers containing the beverages and traveled to a friend’s house on Route 77 near Darien Lake. There, they continued to drink as they set up a tent outside to sleep in after the concert.

The women drank in the Darien Lake parking lot, throughout the Aldean performance, and at an on-site after-party. Gilden testified that Serrano was behaving normally as they consumed alcohol. 

As the women walked to Serrano’s vehicle, Serrano insisted that she was OK to drive back to the friend’s house on Route 77. In the midst of traffic after the concert, and having a lack of familiarity with the area, the women became lost while driving down Sumner Road.

Gilden said she attempted to find their location on Google Maps and, therefore, was focused on her phone screen as Serrano drove on the dark road. 

Serrano reportedly turned around on Sumner Road in order to drive in the direction of Route 77. Gilden noticed that a crack in the windshield had formed and the right exterior rear-view mirror had been pushed toward the passenger door. Gilden maintained she did not see, hear or feel anything that could have caused the damage throughout her testimony.

Gilden then asked Serrano what had happened and, after getting no answer, turned down the loud music that was playing and asked again. Serrano responded that they needed to drive to her friend’s house.

The women continued driving without stopping to check the damage to the vehicle.

About 30 minutes later, Deputy Robert Henning pulled over Serrano after a near collision with his patrol vehicle and charged her with drunk driving when she reportedly failed field sobriety tests. Gilden later posted Serrano’s $1,000 bail at Genesee County Jail. 

After refueling her Jeep at a gas station on Route 77, Serrano allegedly drove her vehicle without a driver's license, which had just been revoked by the police due to her performance on the sobriety tests.   

The women returned to the area surrounding Sumner Road on Aug. 11 in an attempt to find where the vehicle sustained damage with little success.

Gilden testified that she felt physically ill that evening when she received news that Lynskey, of Hinckley, had been killed on Sumner Road in the early hours of Aug. 11. Gilden described the surprised expression on Serrano’s face upon relaying the information to her.

On Aug. 12, Gilden gave a statement to Genesee County Sheriff's deputies about her understanding of the situation. Serrano was charged with vehicular manslaughter, leaving the scene of an accident without reporting it, driving while intoxicated, and aggravated unlicensed operation of a motor vehicle.

On cross examination, defense attorney Frank LoTempio debated whether jurors should trust Gilden’s interpretation of Serrano's behavior and actions as well as the accident, since Gilden admitted she was impaired by alcohol on Aug. 10 and 11.

Gilden also maintained that her attention was diverted to her phone at the time of the collision, so LoTempio argued it is difficult for her to know if Serrano drove in an erratic manner.

LoTempio fired a crucial line of questioning at Gilden about whether the vehicle struck something or if something hit the vehicle on Sumner Road. This argument — that Lynskey may have tripped into Serrano’s vehicle due to the poorly lit road and his 0.16 blood alcohol content — is the question that defense counsel also begs of jurors.

The trial will draw nearer to that answer at 1 p.m. Wednesday in Genesee County Court.

Two-car collision with injuries reported in front of GCC

By Billie Owens

A two-car accident with injuries is reported at 1 College Road, in front of Genesee Coummunity College.

Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 6:43 p.m.: Law enforcement is on scene.

UPDATE 6:47 p.m.: Two flatbed tow trucks are called in.

Opening statements and first witnesses heard at trial of alleged drunk driver in fatal Darien hit-and-run accident

By Lauren Leone

Details about the events surrounding the fatal Darien hit-and-run last August are emerging as opening statements and first witnesses are heard in the case of 48-year-old Jennifer L. Serrano.

Today is the first trial day for Irving, Chautauqua County, resident.

During his opening remarks, District Attorney Lawrence Friedman informed jurors of: the basic overview of the accident; some of the individuals they can expect to hear from throughout court proceedings; and a brief account of the actions taken by both the victim, 18-year-old Connor Lynskey, and the defendant in connection to the accident.

Friedman explained to jurors the four counts Serrano is charged with: second-degree vehicular manslaughter, which, as a result of alleged intoxication, caused Serrano to drive her Jeep in a manner that killed Lynskey; leaving the scene of an accident without reporting it; driving while intoxicated; and aggravated unlicensed operation of a motor vehicle.

Defense attorney Frank LoTempio delivered his opening statement next. He said that defense counsel does not intend to argue that Serrano did not drink and drive, nor that her vehicle did not strike Lynskey and cause his death.

However, LoTempio maintained that the tragedy may not have resulted from Serrano’s reported intoxication, and that Lynskey’s 0.16 BAC at the time of his death may have led him to walk into Serrano’s traffic lane. 

LoTempio encouraged jurors to pay close attention to evidence of Serrano’s conduct as she was questioned by officers at the time of her arrest, the darkness of the accident scene, and the accident reconstruction information that is expected to arise later in the trial.

The prosecution called its first witness, Dr. Nadia Granger, who performed Lynskey’s autopsy at the Monroe County Office of the Medical Examiner. She told the court that Lynskey endured injuries to his right shoulder, facial bones, skull and brain. These injuries are consistent with his cause of death, which is multiple blunt force injuries, and the damage sustained by the right side of Serrano’s vehicle.

The prosecution also brought forward Hunter Richard, a longtime friend of Lynskey’s who also attended the Jason Aldean concert at Darien Lake Performing Arts Center on Aug. 10 with Lynskey.

Richard recounted the events that occurred on Aug. 10 and 11 and his rationale for walking along Sumner Road in Darien as he and his friends returned to Darien Lakes State Park campground. 

Richard testified that Lynskey was behaving normally as they walked to the campsite, so impairment by alcohol was not a factor in Lynskey's death in his opinion.

LoTempio challenged Richard’s account of his proximity to the roadway, the collision sound heard by the teens, and the safety measures taken the night of the accident.

Both counsels will call more witnesses and introduce new evidence to the jurors as the trial proceeds this afternoon and throughout the week.

Pregnant female trapped in car wedged in trees at Pavilion intersection

By Billie Owens

An accident is reported in Pavilion at 1200 South Street Road, near Telephone Road.

A car is wedged in trees and a pregnant woman is unable to exit.

A second vehicle is roadside.

The accident is partially blocking traffic.

Pavilion fire and Mercy medics are responding along with State Police.

Darien ambulance is also called to respond.

One lane of traffic will be closed.

UPDATE 4:17 p.m.: The female was extricated and transported to a hospital for evaluation. The roadway is reopened. The assignment is back in service.

Three-vehicle collision is blocking traffic on Clinton Street Road, Batavia

By Billie Owens

A three-vehicle collision is reported in the area of 5141 Clinton Street Road. It is blocking traffic and there is a lot of debris in the roadway. Minor injuries. The location is between Collegeview Drive and Shady Lane.

Town of Batavia Fire Department and Mercy medics are responding.

First responders trying to sort out information at scene of rollover accident in Basom

By Howard B. Owens

First responders are out on an accident on Meadville Road, Basom, that was originally reported as a one-vehicle rollover accident with minor injuries.

A subsequent report said the accident occurred more than an hour ago.

The first caller said there were two occupants of the vehicle.

When a first responder arrived, he found one person on the ground. A passerby at the scene said he only saw one person.

The vehicle sustained heavy damage. A first responder is unsure if the patient got out of the vehicle on his own or was thrown out.

Either a chief or an officer learned the other occupant was picked up.

As a precaution for the patient at the scene, Mercy Flight is being put on in-air standby while the patient is evaluated.

Mercy EMS is in route.

Alabama fire is on scene.

Vehicle rolls over into ditch, catches fire in Stafford

By Billie Owens

A one-vehicle rollover accident is reported at 6412 East Bethany -- Le Roy Road. The vehicle landed in a ditch and is on fire. Stafford Fire Department, deputies and Mercy medics are responding.

UPDATE 7:15 a.m.: The driver is out of a pickup truck that is well off the roadway, according to a first responder on scene. He is walking around; minor injuries. Smoke is coming from the pickup.

UPDATE 7:24 a.m.: A deputy says the truck is on its side, 50 feet off the roadway, down a 10-foot embankment. A flatbed tow is called.

Pileup reported on westbound Thruway

By Billie Owens

A six-vehicle pileup is reported on the westbound Thruway at mile marker 389.7. Traffic is snarled.

Three ambulanes are on scene.

Town of Batavia Fire Department is there, too.

Three ambulances requested to accident in Bergen

By Howard B. Owens

Three ambulances have been dispatched to a two-vehicle accident at South Lake Road and Clinton Street Road, Bergen.

There is entrapment in at least one vehicle. There are possible head injuries. No word on how serious the injuries might be.

Bergen fire and Bergen ambulance are on scene.

The road is blocked.

Le Roy fire is also requested to the scene.

Three-car accident on Main Street, Le Roy

By Howard B. Owens

A three-car accident with minor injuries is reported in front of the McDonald's in Le Roy.

Le Roy Ambulance requested to the scene by Le Roy PD for evaluation of patients.

UPDATE 7:12 p.m.: Le Roy fire also responding.

UPDATE 7:16 p.m.: Le Roy fire is back in service.

Accident reported on Clinton Street Road in Stafford

By Billie Owens

A two-car accident is reported at 5449 Clinton Street Road, Stafford. It is blocking traffic. One vehicle's OnStar alert system reports no injuries in that vehicle.

Law enforcement is on scene. Stafford Fire Department is responding along with Mercy medics.

The location is between Horseshoe Lake Road and Prole Road Extension.

UPDATE 1:35 p.m.: Fire police are asked to shut down eastbound traffic at Route 33 (Clinton Street Road) and Batavia-Stafford Town Line Road.

Rollover accident reported in Elba

By Billie Owens

A one-vehicle rollover accident is reported in Elba at 6447 Oak Orchard Road. Unknown injuries. The vehicle came to rest on its side.

Elba Fire Department and Mercy medics are responding. A deputy just arrived on scene.

UPDATE 7:43 a.m.: There are two occupants, neither is injured.

UPDATE 7:54 a.m.: The vehicle is large and there are some fluids leaking. Fire police are shutting Oak Orchard Road down at North Byron/Lockport Road and at Watson Road.

UPDATE 9:12 a.m.: The road is reopened. All units back in service.

Brake line failure blamed for two-vehicle accident in Pembroke

By Howard B. Owens

A driver's brake line apparently broke causing an accident at 9:36 a.m., Monday, on Route 77 at Cohocton Road, Pembroke, according to a Sheriff's Office accident report.

Only one driver in the two-car accident was injured. 

Kendra L. Cain, 48, of Main Road, Corfu, suffered an elbow injury and was transported to UMMC for evaluation.

According to the accident investigation by Deputy Kevin McCarthy, Cain was driving a 2002 Ford SUV eastbound on Cohocton Road when she came to a stop sign at Route 77.

She was unable to stop the vehicle and her SUV traveled into the intersection where it struck a 2015 Chrysler SUV driven by Mary Saleman, 69, of Clover Place, Cheektowaga.

Neither Saleman nor Cain's passenger, Demetrius A. Cing, 16, were injured in the crash.

No citations were issued.

Motorcycle accident reported in Stafford on Route 33

By Billie Owens

A motorcycle accident is reported on Route 33 in Stafford. Stafford Fire Department and Mercy medics responded. South Byron Fire Police are called to shut down Route 33 at Griswald Road and Route 33 at Route 237.

Mercy Flight is called to the scene.

UPDATE 5:34 p.m.: A husband and wife were riding their respective motorcycles, he on a black bike, she on a red Honda, when he slowed down for unknown reasons. His wife, who was just behind him, slowed suddenly to avoid hitting him and she lost control of her bike and crashed. She had an open-face helmet on and suffered road rash on her face and extremities and complained of head, chest and abdomen pain. A trooper at the scene said she was taken by Mercy Flight to Strong Memorial Hospital.The husband was not injured. No other vehicles were involved. 

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