crime

George T. Sarkis, 58, of Chili Avenue, Rochester, is charged with endangering the welfare of a child and second-degree harassment. He was arrested on June 26. It is alleged that at 6:16 p.m. on June 20 at Batavia Middle School on Ross Street that Sarkis grabbed a juvenile by the neck and pushed him and threatened physical harm to another juvenile. He was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on July 2. The case was handled by Batavia Police Officer Christopher Lindsay.

Victoria Anne Smith, 43, of Main Road, Stafford, is charged with petit larceny. Following a larceny investigation, Smith was arrested on June 23 for allegedly stealing money from the mother's purse at 8 p.m. June 20 while on Main Road in Stafford. Following her arrest, she was released on an appearance ticket and she is due in Stafford Town Court at 9 a.m. on July 15 to answer the charge. The case was investigated by Genesee County Sheriff's Deputy James Stack.

Clint Jeffery Towne, 38, of Alleghany Road, Alabama, is charged with: third-degree reckless assault; fourth-degree criminal mischief; and second-degree harassment. He was arrested on Phelps Road in Pembroke following a domestic incident at 7:46 p.m. on June 28. Towne allegedly broke a glass door, causing the glass to shatter and injure the victim. He also allegedly choked the victim. He was arraigned in Pembroke Town Court and released under supervision of Genesee Justice. He is to return to the court on July 9. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Johnathan Nathaniel Taylor, 34, of Edgewood Drive, Medina, is charged with six counts of endangering the welfare of a child and one count of second-degree harassment. At 7:47 p.m. on June 26, Taylor was arrested on Pratt Road in Batavia after allegedly striking an adult female in the face, causing her to fall to the ground, while in the presence of six children under age 17. He was arraigned in Town of Batavia Court and released on his own recognizance. He is due in the court again on July 22. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Mathew Clor.

Brandi Lynn Reuben, 23, of Sand Hill Road, Tonawanda Indian Reservation, is charged with second-degree harassment. Reuben was arrested following a domestic incident at 5:45 p.m. June 26 on Ledge Road in the reservation. She allegedly punched a person in the face multiple time. She was issued an appearance ticket and is due in Alabama Town Court on July 10. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Bobby L. Mobley Jr., 34, no permanent address, Batavia, is charged with: disorderly conduct -- violent behavior; disorderly conduct -- obscene language; and disorderly conduct -- obstructing pedestrian traffic. Mobley was arrested following a domestic incident at 12:45 p.m. on June 19 on Maple Street in Batavia. He allegedly repeatedly used obscene language, blocked the freedom of movement of a pedestrian on the sidewalk and continued his threatening behavior after being repeatedly warned to stop his actions by police. He was due in Batavia City Court June 25 to answer the charges. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Felicia DeGroot.

Maria I. Santiago, 34, of North Spruce Street, Batavia, is charged with second-degree harassment. She was arrested after a physical altercation with another woman at 3:49 p.m. June 18 in a parking lot on North Spruce Street. She is due in Batavia City Court on July 2. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Matthew Wojtaszczyk.

Kathryn A. Phillips, 41, of North Street, Batavia, is charged with two Batavia Municipal Code violations -- having a dog running at large and having an unlicensed dog. It is alleged that at 5:15 p.m. on May 6 on North Street that Phillips' unlicensed, unleashed dog left her property and attacked another dog. She was issued at appearance ticket for June 18 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller.

Josephine G. Erhardt, 80, of North Spruce Street, Batavia, is charged with a Batavia Municipal Code violation -- having a dog running at large. She was arrested at 4:30 p.m. on June 17 after an incident in which her dog allegedly ran loose after a person and around the grounds of an apartment complex. She was issued at appearance ticket for June 25 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Cronmiller.

Michael J. Mead Sr., 32, of State Route 19A, Portageville, is charged with falsely reporting an incident. Following an investigation, Mead was arrested for allegedly calling Child Protective Services and filing two false reports at 9 a.m. on June 12. He was arrested at the Genesee County Jail and released on an appearance ticket. He is due in Batavia Town Court on July 15. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Christine M. Jones, 32, of Hutchins Place, Batavia, is charged with a Batavia Municipal Code violation -- having a dog running at large. At 4 p.m. on June 19 on Hutchins Place, Jones's dog allegedly ran into the street and at the complainant. Jones was arrested and issued an appearance ticket. She is due in Batavia City Court on July 2. The case was handled by Batavia Police Officer Felicia DeGroot.

Steven M. Lindner, 46, of West Main Street, Batavia, is charged with: unlawful possession of marijuana; criminal use of drug paraphernalia in the second degree; criminal possession of a hypodermic instrument; and criminal possession of a controlled substance in the 7th degree. Lindner was arrested following an investigation into a noise complaint at 10:25 p.m. June 18 on West Main Street, Batavia. He was issued an appearance ticket for July 9 in Batavia City Court, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Peter Post.

Christopher A. Ridgeway Jr., 27, of Bridgewood Road, Midlothian, Va., is charged with: criminal possession of a controlled substance in the 7th degree; criminal possession of a narcotic with intent to sell; unlawful possession of marijuana; aggravated unlicensed operation in the second degree; and having an obstructed view. Ridgeway was arrested after a traffic stop at 3:41 p.m. on June 27 on Hyde Park in Batavia. He was the driver. He was arraigned in Batavia City Court and jailed without bail. He is due back in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Christopher Camp.

Shonje K. Jefferson, 20, of Empire Boulevard, Rochester, is charged with criminal possession of a narcotic drug with intent to sell, and unlawful possession of marijuana. Jefferson was arrested at 3:41 p.m. on June 27 after a quantity of drugs was allegedly located in a vehicle involved in a traffic stop where Jefferson was a passenger. He was jailed without bail and was due in Batavia City Court on June 27. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Christopher Camp.

Joseph Lee Ruiz, 35, of North Clinton Street, Rochester, is charged with: criminal possession of a controlled substance in the third degree; criminal possession of a controlled substance in the fourth degree; and criminal possession of a controlled substance in the second degree. He was arrested during an investigation at a residence on Bank Street in Batavia at 10:48 p.m. on June 21. He was arraigned in Batavia City Court and jailed without bail. He was due back in city court June 24. The case was handled by Batavia Police Officer Christopher Lindsay.

Jose Fuentes, 39, of Bank Street, Batavia, is charged with second-degree harassment. On June 7, Fuentes was arrested following an investigation into a complaint alleging that at 10:01 that night he rammed his wheelchair into another resident on Bank Street in Batavia. He was issued an appearance ticket for June 11 in Batavia City Court. The case was handled by Batavia Police Officer Arick Perkins.

Ricardo Sampel, Sr., 50, of Dellinger Avenue, Batavia, is charged with first-degree criminal contempt. He was arrested for allegedly having contact with a protected party at 1 p.m. on June 25 at UMMC. He was jailed without bail and was due in Genesee County Court on June 26. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Peter Post.

Laura J. Reed, 27, of East Main Street, Batavia, is charged with violating an order of protection. She was arrested following an investigation into a disturbance at 11:55 p.m. on June 21 on Bank Street, Batavia. It was determined that Reed was in violation of a court order barring her from the residence. She was arraigned in Batavia City Court and released under supervision. She was due to return to court June 24. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Sgt. Matthew Lutey.

Thomas M. Rossiter, 34, of South Swan Street, Batavia, is charged with: driving while intoxicated; aggravated DWI -- a BAC of .18 percent or more; aggravated unlicensed operator in the third degree; and failure to keep right. He was arrested at 3:20 p.m. June 15 on Otis Street in Batavia after he was involved in a motor vehicle accident. He was issued several appearance tickets and is due in Batavia City Court on July 10. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Kay E. Dilcher, 28, of Sunset Drive, Holley, is charged with two counts of false personation. It is alleged that at 10 a.m. on June 25 on Lewiston Road in Batavia that Dilcher claimed to be another person while she was in town for methadone treatment. She was identified not to be the person she claimed to be and she had several warrants for her arrest in two other counties. She was released on appearance tickets and was transferred to Orleans County Sheriff's Office to answer charges there. The case has handled by Batavia Police Officer Jason Davis,, assisted by Officer Miah Stevens. At 9:14 a.m. on June 27 Dilcher was arrested and charged with false personation after being detained by Batavia PD for an unrelated incident and providing a false name to officers. She is due in Batavia City Court on July 9 for both cases. The second case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Jason Davis.

Michelle L. Misiak, 53, of South Main Street, Batavia, was arrested after an investigation. It is alleged that she contacted the Genesee County Emergency Dispatch Center at 9:07 a.m. on June 20 and reported a disturbance involving weapons on South Main Street resulting in a police response to the address. It was subsequently determined that Misiak's report was unfounded. He was issued a computer-generated appearance ticket and released. She was due in Batavia City Court on June 25. The case was handled by Batavia Police Officer Kevin DeFelice.

Jessica M. Horton, 28, of Telephone Road, Pavilion, is charged with theft of services. She was arraigned in Batavia City Court on June 7 on an arrest warrant and put in jail on $500 bail. It is alleged that on May 17 on Oak Street in Batavia that Horton failed to pay for a local hotel room that she stayed in. The case was handled by Batavia Police Sgt. Dan Coffey.

Malik I. Ayala, 27, Holland Avenue, Batavia, is charged with petit larceny. He was arrested at 8:52 p.m. on June 7 for allegedly stealing property from a store on East Main Street in Batavia. He was issued an appearance ticket and was due in Batavia City Court June 18. The case was handled by Batavia Police Officer Stephen Quider.

Jesse D. Bowman, 26, of Vine Street, Batavia, is charged with petit larceny. It is alleged at at 9:20 p.m. on June 20 on East Main Street in Batavia that Bowman stole items from a local business. He was processed, issued an appearance ticket and was due in Batavia City Court on June 25. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Sgt. Matthew Lutey.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with failure to appear. He was due in court after being issued an appearance ticket for trespass at 11:09 a.m. on June 25 on Walden Creek Drive. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due in city court again on July 9. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Jason Ivison.

A 16-year-old resident of Pearl Street, Batavia, is charged with failure to appear in court May 14 after being issued an appearance ticket. The youth was arrested on June 8 on a warrant out of Batavia City Court. He was released on his own recognizance and was due back in city court June 12. The case was handled by Batavia Police Officer Christopher Lindsay.

Jacob John Sponaugle, 20, of Liberty Street, Batavia, is charged with unlawful possession of marijuana. At 3:55 p.m. on June 24, Sponaugle allegedly brought a bag of marijuana into the Genesee County Probation Office. He was released on an appearance ticket in is due in Batavia City Court on July 2. The case was handled by Batavia Police Officer Christopher Lindsay.

From the Le Roy Police Department:

The Le Roy Police Department has been receiving continuing complaints relating to thefts from unlocked vehicles in different locations throughout the Village of Le Roy. These thefts have now apparently evolved into actual thefts of the vehicle when the keys are left in the vehicle.

Multiple thefts from unlocked vehicles have been reported over the past couple of weeks in different locations throughout the village and two vehicles have actually been stolen but later recovered, both located in the Myrtle Street area.

The most recent thefts were reported on June 29 from the Hilltop Drive and Madison Avenue area, further a girl's bike was located on Wilson Street, which may or may not be involved. If you are missing such a bike please contact the Le Roy Police Department at 345-6350.

The LeRoy Police are reminding all citizens to please lock your vehicles when not in use, especially overnight and further if you do see something or someone suspicious please call 9-1-1 right away.

The sole witness to testify Friday morning in Genesee County Court in the fatal hit-and-run case of Jennifer L. Serrano was Thomas C. Onions, an accident reconstruction expert hired by the defense.

Connor Lynskey, 18, was walking to the Darien Lakes State Campground following the Jason Aldean concert last summer; Serrano, who also attended the concert, was en route to a friend's house at the time of the accident on Sumner Road.

The witness said he: reviewed all of the materials -- reports, cell phone records, videos and photos -- gathered by investigators; visited the Darien site where Lynskey's body was found late in the morning Aug. 11; and took measurements to gauge the accuracy of those contained in Sgt. Jason Saile's investigation report.

In addition, Onions said in order to completely understand the case, he studied: the case file of Serrano's co-counsel Jack M. Sanchez; the Monroe County Medical Examiner's abstract; the deposition of Deputy Robert C. Henning (who arrested Serrano on a drunk-driving charge after she nearly struck his patrol car on Route 77 in the early morning Aug. 11); and the Darien Town Court's subsequent notice of temporary suspension of Serrano's NYS driver's license; search warrants; the Genesee County Grand Jury indictment; deposition of witness and passenger Candace Gilden; and vehicle specs for the defendant's Jeep Wrangler.

Attorney Frank LoTempio asked what he had determined about the accident and Onions said that Sumner Road at the time was unlit and dark, and had virtually no shoulders -- they measured from 1.2 inches to 5 inches in width, and were comprised of mixed gravel. Some grass is found beyond that, and cornfields. The two paved lanes total 22 feet across -- one lane is 10.8 feet, the other 11.2 feet wide.

Onions said Serrano was driving eastbound and that Lynskey was walking westbound in the eastbound lane, which would be in accordance with NYS traffic law that requires pedestrians to walk on the left side of the road, when there are no sidewalks, facing oncoming traffic.

This contradicts an allegation made on Thursday by LoTempio that Lynskey was possibly in violation of NYS Vehicle and Traffic Law 1156b, since the landing spot of Lynskey’s body indicated he may have walked or jogged in the same direction as Serrano’s Jeep.

The point of impact is unclear.

Sgt. Saile's report, while noting an 87-foot debris field along the road, shoulder and adajcent land, found no evidence of tire marks in gravel to indicate the actual point of impact; nor were sneaker scuff marks found to indicate the direction of impact.

"They documented everything," Onions said of the Crash Management Team." (Saile) knew enough to look for sneaker scuffs that could indicate the point of impact. He didn't find any. ... There is no evidence to indicate the vehicle ever left the road."

Because of this, Onions said it is his contention that the impact occurred on the roadway -- that Lynskey was walking in the roadway.

On a display of the area shown to the jury on a large monitor, Onions pointed to a streak of flattened terrain marking where Lynskey's body slid south in a parallel line from the roadway after being struck, and bits of debris were strewn eastward.

The "total station measurements" taken by Sgt. Saile were pronounced accurate by Onions.

Serrano, who stood politely without prompting each time the jury entered and exited the courtroom, put on her distance eyeglasses to better see Onion's presentation, although she could not see the monitor herself.

Next a photograph purported to be a footprint or disturbed gravel was put on view.

Onions testified that it "could be typical of anything you could see in a mile stretch of gravel" along Sumner Road. He further maintained that if it were indeed a footprint, it had nothing to do with the accident. If it did there would be a tire track over it, he said, and there wasn't.

"If that's debris by it, the accident would have had to occur elsewhere. If it's a footprint, it could be anybody's," Onions said.

Next they considered the formula for how far the "throw" is for a human body depending on the speed a vehicle is traveling, which, when calculable, is made using the "Searle formula." It is determined by the degree of friction on a pedestrian and the total "flight distance" traveled/slid/thrown to the final resting place, in this case, a ditch.

Onions said he projected the distance that Lynskey's body traveled to be 60 feet from the roadway and he calculated that there is no scientific evidence to support that Serrano was traveling greater than 37.5 mph.

When Lynskey was struck on his right side, his body rotated after hitting the right side front fender, which caused the cover over the tire to become dislodged. His head is believed to have struck and cracked the windshield, damaging its supporting side post. Then he slammed against the right front side mirror, smashing it against the vehicle, before the trajectory away from the vehicle.

And yet Onions testified it was "iffy" and "on the line" as to whether or not this was a "full impact" crash.

In order to react to avoid a collision, the driver or pedestrian needs to be able to see -- something in the roadway, the oncoming traffic. In darkness, clothing that is light and/or reflective helps. If the road is unlit and the pedestrian is wearing dark clothes, as Lynskey was, he becomes invisible.

"You disappear," Onions told the jury.

He said the average person can see a pedestrian walking at a distance of 80 feet away. Traveling the speed limit on Sumner Road of 55 mph, that's roughly 80 feet per second. If Serrano was traveling at 37.5 mph and no more as Onions contends, that's still 55 feet per second -- or less than 2 seconds to react, on average.

"If you look at your speedometer for 1 second it may make all the difference in the world," Onions said.

Intoxication is another consideration.

Lynskey's BAC was determined by a Monroe County coroner to be .16, twice the legal limit. Serrano's BAC at the time is undocumented.

Deputy Henning reported that Serrano failed multiple parts of a field sobriety test after he stopped her vehicle on Route 77. The officer attempted a roadside Alco-sensor test but after Serrano blew once and it didn't register a reading, she wouldn't blow again. She also refused a Datamaster test at the Batavia Police Station and she refused three separate requests to submit to the test at Darien Town Court.

"It's very possible," Onions testified Friday, "that intoxication had nothing to do with it."

On this road with this shoulder, could (a pedestrian) tripping be a factor?" LoTempio asked his witness, who replied "yes."

Serrano, wearing dark pants, a black knit top and vivid blue sweater with a ruffled front, seemed to pay close attention to the proceedings as did all of the jurors, a panel of five men, seven women, and four alternates, who all appear to be caucasian but range widely in age.

Friedman then cross-examined Onions, eliciting from him that his payday for his efforts on behalf of the defense so far stands at about $8,000.

"Is it fair to say that if your conclusions didn't help the defendant you would have earned less?" Friedman asked.

"That's a true statement," Onions said.

In deconstructing the expert's curriculum vitae, Friedman pointed out that several of the state and national organizations that Onions claims he belongs to either do not list Onions as being a member, or his membership or certification expired years ago, or the organization is no longer viable, and in one case it was found to have granted membership for a fee to a person's cat.

The DA also noted that some crash test dummy testing that Onions boasts of performing was conducted in 1999 and involved an adult dummy in a wheelchair with a dummy child, and now-outmoded test equipment, vehicle materials and safety features.

From there, the district attorney tackled night visibility, asking whether pale, caucasian legs in shorts could increase visibility of the wearer. The response was no, but Friedman clarified it, saying visibility "assumes the driver is paying attention."

"Yes," Onions allowed.

But "you don't know if (Serrano) was paying attention," Friedman said, asking if the witness had ever spoken to his boss, the person he's working for, and Onions admitted he never has.

The fact cited earlier in the morning about the average driver being able to see a pedestrian 80 feet away, based on visibility studies by Dr. Paul Olson, was also not allowed to go unchallenged.

The DA said the study is dated -- from the early '80s -- and subsequent findings indicate that 50 percent of drivers can see a pedestrian at night 150 feet away. More recent studies put a visibility figure of 175 feet for pedestrians in dark clothes, 700 feet for those with light-reflective clothing on.

Modern halogen headlamps provide 151 to 178 feet of visibility, and on an unlit darkened road, Serrano should have been driving with high beams on (if there's no oncoming traffic). When asked, Onions said he did not know if Serrano had her high beams on that night.

Friedman also took Onions to task on his "body throw" measurement using the Searle formula, which cannot be used to calculate speed when there is an "iffy" partial or "noncomforming impact" in terms of body vs. vehicle.

"There is NO EVIDENCE to support ANY speed," Friedman said, and in fact, Serrano could have been going faster than the 37.5 mph Onions said is the limit supported by science.

From there, the DA quizzed the expert on his scientific basis for doubling the body throw trajectory -- from 30 to 60 feet.

Friedman said there's a cornucopia of factors from visibility and distance and rain and geography to type of headlamp and snowfall, in other words "there is no one size fits all," despite what Onions would like the jury to believe.

Moving along, the DA questioned why there is no mention of any alcohol consumption by Serrano in Onions' report.

Onions said it was not an issue.

With clear incredulousness in his voice, Friedman said her intoxication and driver's reaction were already testified to in this case.

Passenger Gilden's statements about their consumption of alcohol was also left out of Onions' report, the DA noticed.

Onions took pains to note that there was nothing to indicate swerving, loss of control or speeding, no tire marks, disturbed gravel or skids marks.

"No one said she swerved," Friedman said, as if puzzled by the point of those assertions.

In fact, there was no vehicle testing done on the roadway and therefore no scientific evidence to say Serrano didn't drive the entire length of Sumner Road along the shoulder.

"There is no evidence that she was in or out of her lane," Friedman said, and Onions conceded the point.

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.

The case resumes at 9 a.m. on Monday, July 1.

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.

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.

Prospective jurors expressed how difficult it may be to remain fair and impartial during jury selection today in Genesee County Court for the trial of 48-year-old Jennifer L. Serrano (booking photo above).

The Irving, Chautauqua County, resident is accused of driving while intoxicated and killing 18-year-old Connor Arthur Lynskey, of Hinckley, in a fatal hit-and-run accident Aug. 11 on Sumner Road in Darien.

After a tense selection process today, 12 jurors and four alternates were chosen to be impaneled.

Defense attorney Frank LoTempio was overpowered by the voices of multiple juror candidates when he asked a group of 18 prospective jurors whether their personal emotions would interfere with their deliberations.

A few potential jurors admitted they did not feel comfortable swearing under oath to remain objective due to the highly sensitive nature of the case. Particularly, candidates were unsettled by the expert testimony that defense counsel is anticipated to bring forward. It may allege Lynskey was intoxicated, and either walking or running in the lane of traffic when he was struck.

Lynskey had attended a Jason Aldean country music concert with friends and family at Darien Lake Performing Arts Center before he was killed. After the concert, the group started on foot back to its campsite at Darien Lakes State Park campground.

The Genesee County Sheriff's Office report of the accident indicated Lynskey had decided to run ahead to catch up with a friend. 

When family members and friends returned to the campsite, they realized Lynskey was missing.

Law enforcement searched the area that night, but did not find him. His body was discovered the next morning in a ditch by the side of the road.

That same night he went missing, Serrano had been stopped by a deputy and charged with driving while under the influence.

The alleged hit-and-run may have occurred approximately 30 minutes before her DWI arrest. By following leads, investigators identified her as a suspect in the fatal accident.

Some juror candidates said they could not justify drinking and driving under any circumstances, if that is in fact the cause of the fatal accident. Others said they would struggle to fulfill their roles as fact-finders due to parenthood or connections with loved ones who have been affected by drunk driving before.

Judge Charles Zambito intervened in the tense discussion by reminding prospective jurors that to prove Serrano guilty beyond a reasonable doubt, they must rely on evidence that indicates she drove while intoxicated and, as a result, operated her vehicle in a manner that caused Lynskey’s death. 

Serrano is also charged with leaving the scene of personal injury accident without reporting it and aggravated unlicensed operation of her vehicle.

Reportedly, Serrano may have driven on Aug. 12 while aware that her New York driver's license was revoked by authorities, based on her refusal to submit to a chemical test.

She faces up to 14 years in prison if convicted.

Above all, Zambito urged jurors to set aside feelings while reaching a verdict, in his words, “based on laws and facts.”

Opening arguments will begin at 9:15 a.m. Tuesday in Genesee County Court.

During oral arguments in court today, Judge Charles Zambito continued Pragle under supervision of Genesee Justice until his hearing in August. 

Community tips and information from two suspects who allegedly participated in larcenies in the Town of Le Roy aided police in piecing together a case against four Le Roy residents who reportedly stole personal property with the intention of selling the items for drug money.

It is alleged that between Jan. 2-3 in Le Roy, Robert Pragle and three other suspected individuals knowingly possessed stolen property, which is a Class D felony.

Pragle is also accused of one count of criminal possession of a controlled substance 7th, a Class A misdemeanor; and one count of criminally using drug paraphernalia, 2nd, a Class A misdemeanor.

A disturbance is reported on Holland Avenue in Batavia. The caller says she can see sticks being used. City police are responding.

At his arraignment, his attorney Marshall Kelly said his client pleads not to: criminal possession of a controlled substance, 3rd, a Class B felony; and criminal use of drug paraphernalia, 2nd, a Class B misdemeanor.

On March 27, law enforcement allegedly found 56 bags of crack cocaine at a house on Liberty Street, Batavia. Wilcox was one of five individuals arrested as a result a joint investigation a result of a joint investigation by the Probation Department, Child Protective Services, and the Local Drug Task Force.

Wilcox’s $20,000 bail bond was also continued by Judge Charles Zambito.

Oral arguments for Wilcox's case will begin at 9 a.m. Aug. 26 at the Genesee County Courthouse.

Crystal Lynn Kiebzak, 37, of Main Street, Wyoming, is charged with second-degree reckless endangerment. On June 22 at a campground on Francis Road in Bethany, Kiebzak was arrested at 7:35 p.m. following the investigation of a child who was resuscitated after drowning in a pool. She was arraigned in Bethany Town Court and issued an appearance ticket for 7 p.m. July 16 in Bethany Town Court. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Kyle Krzemien.

David George Morgan, 65, of Roanoke Road, Stafford, is charged with second-degree menacing. He was arrested at 6:56  p.m. on June 20 on Roanoke Road in Stafford. It is alleged that he intentionally placed an individual in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a screwdriver. He was arraigned in Stafford Town Court and released under supervision. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Sgt. Andrew Hale.

Duane Kenneth Miller, 54, of Linwood Avenue, Warsaw, is charged with illegal use of toxic vapors. Following an investigation into a subject allegedly huffing in the Walmart parking lot in Batavia, Miller was arrested at 12:45 p.m. on June 21. He was released on an appearance ticket and is due in Batavia Town Court on July 8. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Ryan Young.

Brandon Fogg agreed to a plea deal this afternoon in Genesee County Court after being charged with placing an individual at risk of serious injury or death -- in this case a Batavia police officer -- by displaying a BB gun on June 5.

The 32-year-old Batavia resident entered a guilty plea to first-degree menacing and faces one-and-a-third to four years in prison.

Batavia police officers first encountered Fogg after he trespassed at a location on Ellicott Street. Due to an illegal tire on Fogg’s vehicle as he drove away from the location, officers initiated a traffic stop.

According to police, Fogg attempted to flee the vehicle, but he was taken to the ground by Officer Darryle Streeter. Fogg then removed from his pocket what appeared to be a handgun during the struggle between himself and Streeter.  

A local citizen then came to the aid of Streeter by stepping on Fogg’s wrist, which caused him to drop the BB gun from his grasp. Streeter took Fogg into custody shortly afterward.

Judge Charles Zambito scheduled sentencing for 3:15 p.m. Aug. 1 at Genesee County Court.

A Darien Center man today entered a guilty plea in Federal Court to one count of receipt of child pornography.

Alexander Seegar, 29, faces a minimum penalty of five years in prison, a maximum of 20 years, and up to a $250,000 fine following his guilty plea.

Seegar was accused of sexting -- sending or receiving sexual text messages -- to girls from 10 to 12 years old who were students in Niagara County while posing as a 16 or 17 year old boy.

According to prosecutor Stephanie Lamarque, Seegar used the Instagram profile “davidlissachi” to communicate with the girls and asked them for sexually explicit photos. Seegar also communicated with other minors between the ages of 10 and 15 and asked them to send him sexually explicit photos in exchange for pictures of male genitalia that he sent them.

The defendant was found in possession of numerous photos containing child pornography.

The plea is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Gary Loeffert, and the Lewiston Police Department, under the direction of Chief Frank Previte.

Sentencing is scheduled for Sept. 19 at 10:30 a.m. before Judge Frank Paul Geraci Jr.

Le Roy police are responding to 14 Summit St. for a criminal mischief complaint. A man called dispatch to report a group of juveniles "outside his house breaking glass bottles on the tennis courts."

Angel Ivan Carrasquillo, 43, of Lake Avenue, Rochester is charged with: third-degree burglary; third-degree criminal mischief; attempted grand larceny in the fourth degree; and petit larceny. Following an investigation into a burglary that occurred on Clinton Street Road in the Town of Stafford at 2:27 a.m. on May 2, Carrasquillo was arrested and arraigned in Batavia Town Court. He is currently being held in Genesee County Jail on a separate matter. The case was investigated by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Andrew Mullen. Also assisting were Sgt. John Baiocco, investigators Chris Parker and Chad Minuto, and members of the NYS Police.

Jay W. Schafer, 26, of Walnut Street, Batavia, is charged with criminal possession of a firearm. He was arrested at 2:15 a.m. on June 19 after an incident at his residence. He was arraigned in Batavia City Court and jailed in lieu of $1,500 cash bail or $3,000 bond. He is due back in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Brandon L. Lucas, 35, of Manhatten Square, Rochester, is charged with aggravated unlicensed operation in the second degree and unlawful possession of marijuana. Lucas was arrested at 6:58 p.m. June 18 on Main Street following a traffic stop. He was found to be driving while his driver's license was suspended. He was arraigned in Batavia City Court and put in Genesee County Jail in lieu of $1,000 cash bail or bond. He was due to return to city court on June 19. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer James DeFreze.

Batavia PD is conducting a burglary investigation and is asking members of the public to help identify the people in these photos.

Residents with information can contact Det. Matthew Wojtaszczyk at (585) 345-6357, or call the confidential tip line at (585) 345-6370.

Morgan Lee Cox Jr., 27, of Bates Road, Medina, is charged with aggravated harassment in the second degree. He was arrested on June 15 for allegedly threatening over the telephone at 2:20 a.m. on June 14 to burn another person's house down who lives on Pearl Street Road in Batavia. He was released on an appearance ticket and is due in Batavia Town Court on June 24. The case was handled by Genesee County Sheriff's Deputy James Stack.

Nicole Jean Andrews, 37, of Boone Street, Buffalo, is charged with: third-degree burglary; possession of burglar tools; criminal tampering in the third degree; attempted petit larceny, and sixth-degree conspiracy. Jacquline M. Ross, no age or address provided, is charged with attempted petit larceny and sixth-degree conspiracy: At 3:04 p.m. on June 12, the GC Dispatch Center received a call of shoplifting in progress at a department store on Veterans Memorial Drive in Batavia. Following an investigation, the defendants were arrested. Andrews was arraigned in Batavia Town Court and jailed without bail. Ross was issued an appearance ticket and is due in Batavia Town Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Sgt. Andrew Hale and Investigator Chris Parker.

Herbert B. Gennis, 25, of Raymond Avenue, Batavia, is charged with second-degree harassment and endangering the welfare of a child. He is arrested at 12:58 p.m. on June 15 on Holland Avenue in Batavia, incident details not provided, and issued appearance tickets for June 25 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Malik I. Ayala, 27, of Holland Avenue, Batavia, is charged with petit larceny. He was arrested on June 14 for allegedly stealing items from a store on East Main Street in Batavia at 7:49 p.m. on April 9. He was issued an appearance ticket and is due in Batavia City Court on June 25. The case was handled by Batavia Police Officer Christopher Lindsay.

Alexandra R. Lasky, 29, of Seven Springs Road, Batavia, was arrested on a Batavia City Court warrant for failure to appear after she was located during a traffic stop in Monroe County on June 16. She was arraigned in Batavia City Court and jailed in lieu of $500 cash bail or bond. The case was handled by Batavia Police Officer Stephen Quider.

From the Le Roy Police Department:

The Le Roy Police Department wishes to remind all citizens to lock their vehicles when not in use, especially during the overnight hours.

This reminder comes as the Le Roy Police Department has seen an increase in larcenies from unlocked cars in the overnight hours over these past two weekends.

Larcenies have occurred on Wolcott Street, North Street and an attempted larceny occurred on Gilbert Street.

Anyone having information as to these larcenies or who has had a larceny but did not report it is asked to call the Le Roy Police Dispatch at 585-345-6350.

A 54-year-old Batavia man has been accused of selling crack cocaine to agents of the Local Drug Task Force. 

Carlos "Sinbad" Samol, of Elm Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts criminal possession of a controlled substance, 3rd.

Samol was picked up Sunday morning on a sealed Grand Jury indictment by Batavia PD while they were investigating an unrelated matter.

The suspect allegedly sold a quantity of crack cocaine an undercover agent on two separate occasions.  

He was arraigned in County Court and jailed on $15,000 bail or $30,000 bond.

Edward James Leddick, 23, of Cheektowaga, is charged with second-degree harassement. At 12:39 a.m. on June 17 Leddick was arrested following an argument on Fargo Road in the Town of Darien. It is alleged that during the arugment, Leddick struck a female in the nose and pushed her to the ground. He was issued an appearance ticket for Town of Darien Court on July 7. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein.

Eric Duda, 46, of Prestige Crossing, Batavia, is charged with third-degree criminal mischief. At 11:20 p.m. on June 14, deputies responded to Prestige Crossing in the Town of Batavia for a reported criminal mischief complaint. After an investigation Duda was arrested. He allegedly damaged property valued at $300 that belonged to another person. He was issued an appearance ticket and is due in Town of Batavia Court on July 8. The case was handled by Genesee County Sheriff's Deputy Eril Andre, assisted by Deputy Andrew Mullen

Daniel Jon Lewis, 23, of Meadow Farm South, North Chili, is charged with second-degree assault. He was arrested on June 11 for an assault that allegedly occurred at 10:09 p.m. on June 10 while he was incaracerated in the Genesee County Jail. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail or bond. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Kelly James Rhim, 40, of Coven Street, Rochester, is charged with second-degree assault. He was arrested on June 11 for an assault that allegedly occurred at 9:49 p.m. on June 10 while he was incarcerated in the Genesee County Jail. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail or bond. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

The following people were arrested by the Genesee County Sheriff’s Department during the Zac Brown Concert at Darien Lake Performing Arts Center on Saturday.

Caleb J. Muhs,18, of Hoover Road, Rochester, arrested on a charge of harassment 2nd and resisting arrest after allegedly pushing and shoving a deputy and then physically resisting the arrest.  Muhs was arraigned in Darien Court and remanded to jail in lieu of $500 bail.

John S.A. Fichter, 20, of Carrie Marie Lane, Hilton, arrested on a charge of criminal trespass 3rd after allegedly entering the concert venue after being ejected and told not to return. 

Erika C. Russell, 21, of Thorndyke Road, Rochester, arrested on a charge of criminal trespass 3rd after allegedly entering the concert venue after being ejected and told not to return. 

Megan E. Motkowski,19, of Millford Crossing, Penfield, arrested on a charge of criminal trespass 3rd after allegedly entering the concert venue after being ejected and told not to return.

David m. Odojewski, 27, of Enola Avenue, Kenmore, arrested on a charge of disorderly conduct after allegedly fighting with Live Nation Security while being ejected from the concert. 

Jonathan J. Curry, 30, of Lehavre Street, Cheektowaga, arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. 

Matthew R. Worley, 19, of Route 64, Ionia, Pa., arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. 

A 17-year-old of Olde Post Rider Trail, Greece, NY arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Britney L. Emmick, 22, of 14th Street, Troy, NY arrested on a charge of trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.