accident

A two-car accident is blocking traffic on West Main Street, Batavia, in front of Olivers.

Unknown injuries.

City Fire and Mercy EMS dispatched.

A multi-vehicle accident is reported at Warsaw Road and Cole Road, Le Roy.

Minor injuries are reported.

Le Roy Fire and Le Roy Ambulance dispatched.

A tractor-trailer is reportedly off the road at Route 19 and Vallance Road in Le Roy.

The caller reported that the tractor-trailer ran a stop sign. She didn't stop. "She doesn't know if he had a medical issue or not." 

Unknown injuries.

The trailer is still partially in the roadway.

Le Roy Fire and Le Roy Ambulance dispatched.

UPDATE 9:55 a.m.: Law enforcement is handling the call. Le Roy Fire and Le Roy Ambulance are back in service.

UPDATE 10:24 a.m.: A second accident is reported at the location. State Police on scene. Airbag deployment. No injuries. Requesting evaluation. Le Roy Fire and Le Roy Ambulance dispatched.

A two-car accident is reported in the area of 11064 Alleghany Road, Darien.

Unknown injuries.

Darien Fire and ambulance dispatched.

UPDATE 5:11 p.m.: Mercy EMS requested to the scene.  No word on injuries yet.

UPDATE 5:16 p.m.: Southbound lane is blocked.

UPDATE 5:19 p.m.: Two vehicles, one occupant in each.  Both are saying no injuries. They are likely "sign-offs."

A State Police investigation into a fatal motorcycle accident, following a high-speed pursuit by a sheriff's deputy in Batavia and Stafford, cleared the deputy of any fault in the incident, according to a report obtained by The Batavian through a Freedom of Information Law request.

Nicholas L. Keiffer, 26, of West Center Street, Medina, lost control of his 2001 Kawasaki Ninja on July 6 on Route 63 as he entered a curve in the roadway just north of Fargo Road after fleeing an attempted traffic stop by Deputy Zachary Hoy.

The state's Executive Law requires the Office of Attorney General (OAG) to open an investigation when a person's death may have been caused by a police officer. Based on findings by the State Police, the OAG informed District Attorney Kevin Finnell on Aug. 2 that the evidence indicated the OGA had no statutory authority to open a criminal investigation into the conduct of the deputy.

In other words, the OAG informed the county that there is no evidence of misconduct in the incident by the deputy.

Investigator Thomas K. Rzepecki, of the Troop A Collision Reconstruction Unit, completed an accident reconstruction report for the State Police, and he concluded that Keiffer was at fault in the accident. 

"The primary contributing factor to this collision, as it relates to the analysis of the evidence, was the failure of the operator of Vehicle 1, Nicholas L. Keiffer, to remain within his appropriate lane of travel," he wrote in the report. "The high speed at which Mr. Keiffer entered the right-hand curve prior to the intersection contributed to his failure to keep right, and also to the severity of the injuries sustained in the collision. An additional factor to consider is Mr. Keiffer's failure to comply with Deputy Hoy's attempt to affect a traffic stop on SR 5."

He also states, "Roadway defects, environmental conditions, and vehicular defects have all been considered and ruled out as contributing to the cause of the collision."

Investigator Eric Daigler officially closed the investigation based on the findings on Dec. 22.

150 mph
The incident began shortly before 6:50 p.m. on July 6. Hoy was running radar in the parking lot of A-1 Self Storage, 5658 Main St, Stafford, when he observed a motorcycle passing another vehicle on westbound Route 5.  The radar indicated the motorcycle was traveling at 150 mph.

Hoy entered the lane of traffic and activated his emergency lights.

The motorcycle initially pulled over as if stopping for the officer near the Department of Transportation facility at 5441 Main St., Stafford. As Hoy pulled in behind the motorcycle, the driver fled.

Radio transmissions acquired by Daigler from the Sheriff's Office, indicate that Hoy informed dispatchers at 6:50 p.m. that the motorcycle was fleeing. Hoy activated his lights and siren and began a pursuit.

The motorcycle turned left on Batavia-Stafford Townline Road.

Data, obtained by Daigler, recorded on the patrol vehicle's computer system, indicate the top speed of Hoy's vehicle while on Batavia-Stafford Townline Road was 104 mph. 

A resident's Ring camera captured the motorcycle passing that location (the address is redacted in the report) at a high rate of speed and then recorded Hoy's vehicle passing with lights and sirens 18 seconds later.

Hoy observed the motorcycle turn left onto Route 63. Vehicle data indicate Hoy's vehicle turned left 20 seconds later. Hoy's top speed on Route 63 was 120 mph.

Near Route 63 and Mayne Road, at 6:52 p.m., Hoy informed dispatchers he had lost sight of the motorcycle and was discontinuing the pursuit.

He deactivated his lights and siren and slowed his speed, and continued southbound. 

At 63 and Fargo, Hoy told Senior Investigator Brian Howard during an interview on July 11, that he spotted a small dust cloud along the roadway and thought perhaps the rider had crossed into the shoulder while negotiating the turn.  

His speed at that intersection was 53 mph. 

Hoy continued into the hamlet of East Bethany at 30 mph, where he turned around.

When he again reached 63 and Fargo at 6:55 p.m., with a northbound vantage point on the intersection, he spotted Keiffer's motorcycle on its side in a field behind a hedge row.

According to scanner traffic at the time of the incident, a person at the scene -- likely Hoy -- attempted CPR on Keiffer.  Keiffer would later be pronounced dead at the scene by a county coroner. 

Among the first Sheriff's Officer personnel on scene was Investigator Ryan Delong. He photographed the scene. Those photographers were later turned over to State Police.  DeLong also told State Police that the NYS Office of the Attorney General was advised of the accident. Detectives from the OAG's Office of Special Investigations responded to the scene.

Soon after the accident, Sheriff William Sheron requested the State Police conduct the investigation because the incident involved one of his deputies.

Evidence
Rzepecki described the intersection in his report. 

Route 63 contains a dip in the roadway followed by a right-hand curve with an uphill grade, according to the report. There is a yellow advisory sign about 500 feet ahead of the curve that recommends vehicles slow to 45 mph.  The posted speed limit is 55 mph.

Evidence at the scene consisted of tire marks, furrows, an impacted signpost, vehicle debris, pavement scrapes and gouges, and disturbed vegetation. 

Rzepecki stated that tire marks were found on the east shoulder of Route 63 and continued southeast across the shoulder into a grassy area north of the intersection, where it transitioned into a series of furrows.  Investigators determined it was at that point that the motorcycle overturned and struck a signpost.

Vehicle debris and grass fanned out southeast of the impact point across Fargo Road and led to a series of pavement scrapes and gouges.  There was vehicle fluid and tire marks within the northbound lane and east shoulder of Fargo Road and disturbed vegetation and vehicle debris that led to the location of the motorcycle.

Rzepecki wrote, "The observed evidence indicates that Vehicle 1 was traveling southeast on SR 63. It crossed the center line and exited the east shoulder of the roadway, overturned, struck a signpost, and became airborne across the southbound lane of Fargo Road. Vehicle 1 landed within the northbound lane and east shoulder of Fargo Road, continued southeast down an embankment, and came to an uncontrolled final rest in the field east of the roadway."

The driver was ejected and sustained fatal injuries, Rzepecki reported.

Hoy's patrol vehicle was undamaged, and Rzepecki said there was no evidence of contact between the patrol vehicle and the motorcycle.

Based on an investigator's calculations, the maximum speed a vehicle can negotiate the curve is 91 mph.  Based on calculations using evidence at the scene, Keiffer's Kawasaki was traveling at between 87 and 92 mph just before it came to the curve. That calculation does not include the possibility of any breaking by Keiffer just prior to that point.  At the point the bike became airborne, after it left the pavement, it was likely traveling at 77 mph, according to the report.

Daigler obtained Keiffer's mobile phone. Keiffer's mother signed a consent form allowing the State Police to search the phone. A forensic investigator later informed Daigler that all pertinent data from the phone was stored in the Google cloud.  Daigler contacted Douglas Curella, the law clerk for County Court Judge Melissa Lightcap Cianfrini, about obtaining a warrant ordering Google to turn over the data. Curella later informed Daigler that Cianfrini would not sign a warrant "because no legal action is being taken by the State Police and the only individual who committed crimes related to the investigation is now deceased."

In addition to patrol vehicle data, video footage, physical evidence at the scene, and recorded and timestamped radio transmissions, investigators interviewed 19 witnesses.

Among those witnesses was the mother of Keiffer's girlfriend. 

Keiffer was reportedly living at their house at the time, and he and his girlfriend's mother were speaking outside at about 6:15 p.m. when they observed a motorcycle pass their location. Keiffer reportedly observed that the motorcycle was a 'nice bike' and informed the mother he was going to go for a ride.

Top Illustration: Screenshot of an illustration in the State Police report.  For a higher-resolution version, click here.

Accident scene photo from July 6 by Howard Owens

Screenshot of illustration in State Police report.

A one-vehicle rollover accident with entrapment is reported in the area of 6317 Dublin Road, Pavilion.

Pavilion Fire, Bethany Fire, and Mercy EMS dispatched.

A first responder reports the patient is conscious and alert.

UPDATE 2:45 p.m.: "There's a bunch of trees in the way."  Chainsaws and extrication equipment will be needed. Vehicle is totally on its roof, and the roof is partially collapsed.

UPDATE 2:39 p.m.: The patient has self-extricated.  Pavilion can stand down.

UPDATE 3:10 p.m. Bethany is back in service.

A three-car accident with entrapment is reported at Bloomingdale and Martin Road, on the Tonawanda Indian Reservation.

Alabama Fire and Indian Falls Fire dispatched along with Mercy EMS.

UPDATE 3:48 p.m.: The Indian Falls chief is on scene and reports two vehicles blocking Martin Road. One patient inside a residence. No entrapment.

A person is reportedly trapped in a vehicle following an accident on West Main Street at West Avenue in Le Roy.

Le Roy Fire is on scene. Stafford dispatched mutual aid to assist with extrication.

UPDATE 1:44 p.m.: Fire police requested for traffic control.

A car and tractor-trailer accident is reported at Oak and Richmond in the City of Batavia.

Unknown injuries.

City Fire and Mercy EMS dispatched.

UPDATE 10:11 p.m.: The truck driver has a hand injury. No other injuries.

Reader-submitted photo.

A semi-truck has reportedly taken down wires in the area of 17 School St., Batavia.

The driver is still in the truck.

City Fire is on scene.

UPDATE 1:59 p.m.: National Grid and phone company requested to the scene.

UPDATE 2:12 p.m.: No electrical lines. "National Grid is not involved. Lots of phone lines and lots of cable lines."  City Fire is clearing.

A two-vehicle accident is reported at Knowlesville and Lewiston roads in Alabama.

Three people with possible injuries, including a child with a nose injury.

Alabama Fire and Mercy EMS dispatched. Oakfield asked to respond mutual aid.

UPDATE 1:44 p.m.: Oakfield fire police requested to Lewiston and Lockport Road.

UPDATE 1:45 p.m.: There is a pickup truck with a fuel leak.

UPDATE 1:53 p.m.: A chief on scene asks dispatch to check on the availability of Mercy Flight.

UPDATE 1:54 p.m.: Mercy Flight out of Olean is would be a 40-minute ETA so the patient will use ground transport.  Also, code enforcement requested to the scene.

A motor vehicle accident with possible injuries is reported in the area of 7914 Lewiston Road, Batavia, which is just south of Galloway Road.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 6:50 p.m.: Both lanes are blocked.

UPDATE 6:51 p.m.: No injuries.

UPDATE 7:09 p.m.: Fire police are stopping traffic.  "We just had one blow through. An orange Jeep." "Yeah, they're not going anywhere."

A rollover accident is reported at 1081 Lewiston Road, Alabama.

Entrapment reported.

Alabama Fire Dispatched.

UPDATE 2:47 p.m.: Oakfield is assisting with Alabama's call. Town of Batavia to fill-in for Oakfield.  An Oakfield responder also reported a vehicle off the road near Bliss Road.

UPDATE 2:49 p.m.: All occupants are out of the vehicle and in a nearby residence. The vehicle is on its roof.  Traffic control requested. "I've got tons of cars here."

UPDATE 2:52 p.m.: There were three people in the vehicle. One minor injury. All units can continue non-emergency.

A two-car accident is reported on Route 77 in Darien.

Unknown injuries.

Darien Fire and Darien ambulance dispatched.

A motor vehicle accident with injuries is reported at 1534 Lewiston Road, Alabama. 

One person has a head laceration. 

Alabama Fire is dispatched.

There are reportedly multiple vehicles off the road in the area.

UPDATE 3:10 p.m.: Alabama Fire has the patient at the Fire Hall awaiting Mercy EMS's arrival. 

A motor vehicle with a head injury reported in the area of 7689 Oak Orchard Road, Batavia.

Town of Batavia Fire, Mercy EMS dispatched.

A tractor-trailer vs. multiple vehicles accident is reported at Macomber Road and Judge Road, Oakfield.

Oakfield and Mercy EMS dispatched.

Injuries are reported.

A first responder reports a complete whiteout.  Fire police were dispatched to shut down traffic.

UPDATE 11:51 a.m.: One minor injury at the scene, a sign-off, and two other vehicles involved moved to the Alabama Fire Hall.  

A motor vehicle accident is reported at Lewiston and Lockport Road, Elba.

Unknown injuries.

Elba Fire, Mercy EMS dispatched.

UPDATE 11:22 a.m.: One vehicle is blocking. One person with a minor neck injury.

Reader submitted photo of tanker truck rollover in Bethany.

Two rollover accidents are reported in Alexander, one on Route 98 and another on Brookville Road.

No injuries are reported at either accident, but people are trapped in both vehicles.

Icy road conditions are reported at both locations.

Alexander Fire is dispatched to both locations.

Town of Batavia is requested to assist with extrication on Route 98.  Bethany Fire requested to assist at Brookville Road.

The Brookville Road accident is a contractor's truck with tools spilled in the roadway.  A heavy wrecker required.

UPDATE 9:08 a.m.: A tanker truck rollover accident is reported in the area of 5546 Broadway Road, Bethany. Unknown cargo.  Bethany Fire and Mercy EMS dispatched.

UPDATE 9:17 a.m.: Route 20 is being closed at East Road. Pavilion is requested to check Route 30 east of East Road. The truck rollover is a milk truck. Route 20 is "just a sheet of ice, the whole road."

UPDATE 9:21 a.m.: Two heavy wreckers will be needed for the milk truck rollover.

UPDATE 9:23 a.m.: Alexander's Brookville assignment is back in service.

UPDATE 9:24 a.m.: On the milk truck rollover, about 2,200 pounds of milk aboard. The driver self-extricated and is uninjured. The dairy has their own heavy wreckers coming. 

A motor vehicle accident with injuries is also reported at 1225 Main Road, Batavia. East Pembroke Fire dispatched.  It's the second call in East Pembroke's district. The vehicle is off the road. 

UPDATE 9:28 a.m.: Units responding can respond non-emergency. The occupants are reportedly out of the vehicle and have left the scene.  There's also an incident Pembroke is working on the Thruway.

UPDATE 9:31 a.m.: A first responder is on Route 5 near Powers Road where two vehicles are off the road.

UPDATE 9:36 a.m.: Three vehicles involved on Route 5 at Powers Road, property damage. All three vehicles have headed further east with four ways on to get to a safer location to meet with law enforcement.  There is a Thruway incident where an ambulance is requested for a neurological evaluation.  There is another incident where the driver is being taken to the TA Travel Center to get him out of the elements (he's uninjured). The vehicle is well off the road, and it's not going anywhere until a wrecker gets there.

UPDATE 9:41 a.m.: A vehicle has reportedly struck a tree in the area of 3603 Lockport Road, Oakfield. Injuries are reported. Oakfield Fire and Mercy EMS dispatched.

UPDATE 9:42 a.m: A rollover accident is reported in the area of 3668 Telephone Road, Pavilion. Pavilion fire and Mercy EMS dispatched.

UPDATE 9:47 a.m.: A pickup truck fire is reported at the Ontario Service Center, 8700 Vallance Road, Le Roy. The vehicle is reportedly next to a building. Le Roy Fire and Bergen Fire dispatched.

UPDATE 9:50 a.m.: Minor injuries reported at Oakfield incident.  Fire police requested to shutdown traffic. Elba requested to close traffic at Snyder Road and to respond to the accident with extrication equipment.

UPDATE 10:39 a.m.: A vehicle is off the road at Route 20 and Marsh Road, Alexander. The driver is at the fire hall, uninjured. A deputy is requested for an accident report.

UPDATE 11:07 a.m.: Bethany assignment to Route 20 is back in service. Route 20 remains closed.

A motor vehicle accident with possible serious injuries is reported at Buckley Road and Britt Road in Stafford.

There were four children in one vehicle.

Dispatchers are checking on the availability of Mercy Flight.

Stafford Fire dispatched.

UPDATE 8:50 p.m.: Two vehicles off the road with entrapment, according to a first responder.

UPDATE 8:51 p.m.: There are four children and four adults. At least one helicopter is required.  Le Roy ambulance and fire and Byron ambulance requested to the scene.

UPDATE 8:54 p.m.: Mercy Flight #8 out of Buffalo is en route.

UPDATE 9:09 p.m.: A second helicopter is requested to the scene.

UPDATE 9:11 p.m.: Mercy Flight Central is not available due to weather. No second helicopter is available.

UPDATE 9:12 p.m.: All patients are extricated.

UPDATE 9:23 p.m.: Mercy Flight has landed.

UPDATE 9:34 p.m.: Mercy Flight is airborne, headed toward Rochester.

UPDATE 10:17 p.m.: Stafford assignment back in service.  State Police is handling the investigation.  Two people were seriously injured. One was transported by Mercy Flight to Strong, the other by ground ambulance (destination not confirmed).  It appears an SUV t-boned a minivan, reports Alecia Kaus/Video News Service. Troopers refused to provide more information at the scene. 

UPDATE 11:07 p.m.: State Police still on scene investigating. Fire police requested to the scene for traffic control.

UPDATE Dec. 15, Noon: The State Police have released the names of the drivers: Charles A. Johnson, 47, of Byron, and Danielle C. Wojtaszczyk, 34, of Le Roy.  There were a total of seven people injured. No further information has been released.

Photos by Alecia Kaus/Video News Service