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Village of Le Roy seeks changes to new criminal justice reform rules

By Howard B. Owens

The Village of Le Roy has adopted a resolution asking the state Legislature to reform its reform on how and when evidence is turned over to a criminal defendant.

The resolution, introduced by Trustee Ray Yacuzzo, was passed unanimously.

It argues in the "whereas" clauses that criminal justice reform is placing an unfair economic burden on small municipalities while acknowledging that reform was needed.

"It is widely recognized that several of the drastic changes in the laws pertaining to discovery are overly broad and vague and are having unintended consequences at the municipal level," the resolution reads.

It opposes the shortened time frame prosecutors and local law enforcement agencies have to disclose evidence and the broad expansion of information that must now be disclosed.

The changes "will have a significant cost, tax, and justice implications for cities and villages with police departments, local justice courts or code/parking enforcement departments," the resolution reads.

Not only do the changes give prosecutors only 15 days to gather and review evidence, but the law greatly expands the amount of evidence that must be turned over to the defense.

The 20-day mandate for court appearances is also an undue burden on local justice courts that are only in session once a month.

Local municipal governments are expected to bear the burden of the reforms without any assistance from the state, yet they are unable to increase revenue enough to shoulder the new expenses because of the 2-percent tax cap.

  • The resolution asks for the following changes to the law:
  • Ensure cities and villages are provided with financial assistance;
  • Allow 60 days for prosecutors to disclose evidence;
  • Exclude from accelerated discovery any charges that are not a misdemeanor or felony;
  • Extend the arraignment requirement to 45 days;
  • Allow prosecutors to withhold sensitive information from disclosure such as victim contact information.

Drop in Chinese tourism takes a small toll on local revenue

By Howard B. Owens

First, it was the trade war, now it's novel coronavirus knocking down tourism dollars just a bit in Genesee County.

It's not a huge impact, but Chinese tourists passing through the area as they travel between New York City and Niagara Falls have helped fill up hotel rooms and generate local dining and shopping revenue. 

In 2019, that changed as the trade war meant fewer travel visas were issued to Chinese citizens. In April, there were 5.4 percent fewer rooms booked in local hotels. In May, there was a 7.4 percent drop, 12.3 percent in June, and a little less than 2 percent in July and August. In September, there were 14.1 percent fewer rooms booked.

Many tour companies consider Batavia an attractive location for an overnight stay because the room rates are lower than closer to Niagara Falls, said Kelly Rapone, director of tourism for the Chamber of Commerce.

With fewer visas issued, there were a lot fewer buses stopping outside the Chinese restaurants in Valu Plaza and the BJ's plaza.  

There was also a drop in guests at the visitors center on Park Road.

"We did not see as many Chinese taking pictures in our yard," Rapone told the Ways and Means Committee on Wednesday during a department review.

In February, hotel bookings are already projected to be down 20 percent as tour cancellations mount because of the outbreak of coronavirus in China.

"It's funny how something on the other side of the world, such as this coronavirus, could affect us in little old Genesee County," said Chamber President Tom Turnbull.

It's too soon to say how much revenue from the bed tax will drop for 2019, but Rapone said today it could be from 1 to 3 percent.

One wild card is hotel and cabin stays at Darien Lake, which accounts for a third of the county's bed tax. But Darien Lake isn't part of the national industry reporting system the Chamber uses to track hotel occupancy (which is a leading indicator for projected bed tax because that revenue won't be collected and tabulated for a couple of months yet).

"(2018) was so high that a small drop (in 2019) isn't going to seem that bad," Rapone said.

Only once in the past 20 years, Turnbull said, has the county failed to hit its bed tax target.

The drop in Chinese tourists could have an even bigger economic impact throughout the state. Chinese tourists tend to say longer and spend more than many other international travelers. Turnbull noted that the Chinese are only allowed to bring $10,000 in U.S. currency and they are intent on spending every last penny of that money during their visit.

April's hotel occupancy rate was also hurt when a weekend soccer tournament was rained out.

In other tourism developments:

  • The state is reducing "I Love New York" grants to local tourism bureaus by $500,000, which will mean about $9,000 less for Genesee County. 
  • The restoration of the Thompson Rocket Car is nearing completion. The Chamber continues to work on trying to find a temporary and a permanent home for it once the work is done. Rapone expects it to be a tourist attraction for auto enthusiasts. There are plans in the works to take it to an auto show in Syracuse this summer.
  • The chamber's golf package continues to sell well, with Canadians buying more than 90 percent of the golf packages. The new hotel at Batavia Downs has become popular with golfers. Batavia Downs offers free shuttles to golfers to all of their golf courses. It's a good deal for Batavia Downs, Turnbull said. "Think about it -- the sun has to go down sometime and they have the restaurants, the racing, and the casino right there."

Photo: Kelly Rapone shows members of the County Legislature a mock-up of the next edition of the tourism guide.

The Batavian was the only local media outlet at this meeting. To help ensure you get more exclusive coverage, become a supporter today.

Law and Order: Man accused of kicking door and damaging property on Tinkham Road in Darien

By Billie Owens

Donald Eugene Missel, 69, of Mill Road, West Seneca, is charged with fourth-degree criminal mischief. At 4:48 p.m. on Feb. 6, Missel allegedly kicked a door and caused damage to a person's property in the 10000 block of Tinkham Road in Darien. Missel was arraigned in Darien Town Court at 10:25 that evening and released on his own recognizance. He is due back in Darien Town Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Mathew Clor.

Travis George Hawley, 28, of Willow Street, Rochester, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; being an unlicensed driver; and moving from lane unsafely. At 7:51 a.m. on Feb. 1, the Genesee County Emergency Dispatch Center received a report of a car vs. pole accident on Bloomingdale Road in the Town of Alabama. An investigation at the scene allegedly determined that Hawley was driving while intoxicated. He was issued appearance tickets returnable to Town of Alabama Court on Feb. 26. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Deputy Travis DeMuth.

Tonya Weber Jackson, 35, of Liberty Street, Batavia, was arrested on a bench warrant out of Batavia City Court on Feb. 2. She was located at a residence on East Avenue in Batavia and arraigned in city court on Feb. 6. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Orin Ardell Dinkins, 47, of Glenville Drive, Rochester, is charged with unlawful possession of marijuana and operating a motor vehicle with a suspended registration. Dinkins was arrested following a traffic stop at 1:41 p.m. Feb. 5 on Oak Street in Batavia. He was issued appearance tickets and is due in Batavia City Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Law and Order: Liberty Street man accused of stealing from deli

By Billie Owens

Joshua S. Martaus, 36, of Liberty Street, Batavia, is charged with petit larceny. Martaus was arrested after an investigation into a larceny at Southside Deli, located at 300 Ellicott St. in Batavia, at 7:29 p.m. on Jan. 26. The defendant was released on an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Kelly A. Kasper, 49, of Judge Road, Oakfield, is charged with: failure to keep right; driving while intoxicated -- first offense; operating a motor vehicle while having a  BAC of .08 percent or more; and drinking alcohol in a motor vehicle while on a highway. Kasper was arrested at 1:10 a.m. Feb. 1 on Bank Street in Batavia after a traffic stop. Kasper was released on appearance tickets and is due in City of Batavia Court on Feb. 19. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Nicole McGinnis.

Rae C. Cook, 30, of Liberty Street, Batavia, is charged with criminal contempt in the second degree. Cook was arrested at 8:40 p.m. on Jan. 31 after allegedly violating an order of protection on Liberty Street. Cook is due in Batavia City Court on Feb. 11. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Christopher Lindsay.

Antonio Javier Santiago, 23, of River Street, Batavia, is charged with unlawful possession of marijuana in the second degree and a muffler violation. On Jan. 30 at 7:52  p.m. Santiago was the operator and sole occupant of a vehicle that was stopped on Ellicott Street in Batavia for allegedly having a muffler/exhaust violation. Upon investigation, it was allegedly discovered that Santiago possessed a quantity of marijuana. He was arrested and issued appearance tickets. He is due in Batavia City Court on Feb. 12. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

Cause of fire at North Street residence this morning under investigation

By Howard B. Owens

Press release:

At 4:56 a.m. today, Feb. 5, the City of Batavia Fire Department was dispatched to a reported residential fire at located at 216 North St. First arriving fire units were on-scene at 5 a.m.

Upon arrival, firefighters found a fire involving the front porch of the home extending to the exterior siding. Responding crews made an aggressive attack and were able to confine and contain the fire to the exterior of the home and the situation was called under control by command at 5:07 am.

While the fire was contained to the exterior of the residence, two vehicles located in the driveway along the home received significant damage due to the intensity of the fire.

At this time the City of Batavia’s Fire Investigation team is investigating the fire to determine the origin and cause. Presently, the fire does not appear to be incendiary in nature.

Once a determination has been made, we will be providing an additional media release with further information.

City fire was assisted at the scene by the City of Batavia Police with additional support provided by the Genesee County Emergency Dispatch.

(Initial Post)

Law and Order: Pair of DWI arrests

By Billie Owens

Gerald Richard Soule Jr., 28, of Woodstock Lane, Brockport, is charged with: driving while intoxicated; DWI -- operating a motor vehicle while having a BAC of .08 percent or more; speeding -- going more than 55 mph; and refusal to take a breath test. Soule was arrested after a traffic stop on Clinton Street Road in Bergen at 1:37 a.m. on Feb. 1. He was given traffic tickets and is to appear in Bergen Town Court on Feb. 5. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jordan Alejandro.

Merrill Phillip Anthony, 46, of Bernd Road, Pavilion, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; speed not reasonable and prudent; and failure to obey a traffic control device. At 2:23 a.m. on Jan. 25, Genesee County Sheriff's deputies received a call about a vehicle off the road in the 6900 block of Junction Road in the Town of Pavilion. Upon arrival, they found the driver and sole occupant, Anthony, attempting to drive his vehicle out of a ditch. Upon further investigation, Anthony was arrested on the charges. He is due in Pavilion Town Court on Feb. 4. The case was handled by Deputy Brock Cummins, assisted by Deputy Austin Heberlein.

Corfu officer, Darien deputy supervisor challenges Sheron for Sheriff office

By Howard B. Owens

Press release:

Corfu Police Officer and Darien Deputy Town Supervisor David Krzemien is announcing his candidacy for Genesee County Sheriff. Krzemien is seeking endorsement from all party lines.

He started his more than 20-year law enforcement career right here in Genesee County. He graduated from the Rural Police Training Academy housed at Genesee Community College.

This foundational training opened the doors to many opportunities in the field of law enforcement.

Since that time, he has served as a police officer and then detective for the Niagara Frontier Transit Authority, known as the NFTA, where he led the Counter Terrorism Unit for seven years.

He also worked part time for the Blasdell Police Department, as a field training officer, court officer and detective for 14 years.

Now retired from the NFTA, Krzemien serves as a part-time officer with the Village of Corfu Police Department and is a seasonal deputy with the Genesee County Sheriff’s Office. He also serves on the Darien Town Board as Deputy Town Supervisor.

Krzemien, his wife Michelle, and their five children have lived in Genesee collectively for more than 30 years.

MLB official lies about Muckdogs status in negotiating letter to MiLB

By Howard B. Owens

Major League Baseball officials are apparently spreading false information about the Batavia Muckdogs as part of a negotiating tactic to destroy professional baseball in 42 communities, including Batavia.

Daniel Halem, MLB's deputy commissioner, said in a letter to a Minor League Baseball official that the Muckdogs have been sold and are being relocated to another city.

That is not true, City Manager Marty Moore said. Moore has spoken both with the Muckdogs general manager and Ben Hayes, president of the New York Penn League. The league owns the team.

Moore said city officials and club officials are excited about the upcoming 2020 season after the team's most successful season in many, many years in 2019 when attendance averaged 1,165 per game, up from 785 the previous season.

In Halem's letter to MiLB's Pat O’Conner, he wrote:

The recent information we learned about the Batavia affiliate not only proves this point but, frankly, calls into questions whether MiLB is truly pursuing a strategy in the “best interests of our 160 community partners.” Batavia is a failing affiliate, with both facility and economic issues, that was put into receivership by the NY Penn League (which essentially owns and operates the team). New York State officials requested that MLB officials meet with Batavia community officials to discuss how to preserve baseball in Batavia. After we set up the meeting, we learned for the first time from multiple sources (but not MiLB) that the NY Penn League sold Batavia — presumably for millions of dollars — to an owner who intends to move the team to another city. While this transaction certainly benefits the NY Penn League owners who may split millions in proceeds by selling an asset with no intrinsic value, we fail to see how it is in the “best interests” of the citizens of Batavia or MLB owners, whose minor league players endure unreasonable travel burdens because MiLB permits its affiliates to hopscotch around the country for purely economic reasons.

Moore said at no point have MLB officials contacted him or anybody else in the City of Batavia.  

Contrary to Halem's letter, if the team is ever sold, its "intrinsic value" would be split between the NYPL, the Rochester Red Wings (who operated the team for 10 years in exchange for equity in the club), and the Genesee Community Baseball Club, a community organization that would return its share of the proceeds to the community.

New charges for man who allegedly went on crime spree after release from jail because of bail reform

By Howard B. Owens
        Daniel Lewis

The Genesee County Sheriff's Office this morning announced additional charges against a man who was released from custody in early December because of the new cashless bail system and since at least Jan. 1 has allegedly been involved in a crime spree in Batavia.

The new charges against 24-year-old Daniel Jon Lewis include eight counts of criminal possession of stolen property, 4th, 13 counts of criminal possession of stolen property, 5th, and unlawful possession of a personal identification number.

Deputies Jordan Alejandro and James Stack arrested Lewis this morning as the result of an investigation of an incident reported at 11:53 p.m., Jan. 24. On that date, Lewis was taken into custody following a foot pursuit in the Haven Lane area of the Town of Batavia and deputies received a report of a man trying to gain entry into vehicles in the area of Rollin Circle East.

When Lewis was taken into custody, he was allegedly found in possession of a number of items believed to have stolen from parked vehicles, including credit cards and a checking account number.

At the time of his arrest this morning, Lewis was being held in the Genesee County Jail on a robbery charge. Lewis is accused of using a knife to menace and take property from a person on Bank Street on New Year's Day. Lewis was charged two days ago with the robbery following an investigation. Under the bail reform law, robbery is a qualifying offense for bail, so unlike the other alleged crimes of January, authorities were able to hold Lewis.

The night before the alleged Jan. 24 incident, Lewis was charged with grand larceny for allegedly stealing a vehicle on Jan. 3 in the Town of Batavia. On that charge, Lewis was released on an appearance ticket.

On Jan. 25, a person stole a Spectrum work truck and following a pursuit on Oak Street, managed to evade capture. Chief Shawn Heubusch said Lewis is a person of interest in that incident.

On Dec. 6, Lewis entered a guilty plea to criminal possession of stolen property. The charge stemmed from his arrest in Pavilion earlier in 2019 where he and another person were found sleeping in a vehicle that contained a cache of stolen property, apparently taken from unlocked vehicles. He has not yet been sentenced on that charge but because of the bail reform law, Judge Charles Zambito released Lewis from custody pending his sentencing.

Since being released from jail due to bail reform, man charged with two more crimes, person of interest in Spectrum truck theft

By Howard B. Owens
       Daniel Lewis

Daniel Jon Lewis got his get-out-of-jail-free card on Dec. 6 after pleading guilty to criminal possession of stolen property.

Judge Charles Zambito reasoned that Lewis would be eligible for release Jan. 1 under terms of New York's bail reform law and that Lewis apparently could live with his father in North Chili while awaiting sentencing on his felony conviction, that Lewis should be released from custody that day.

Today, Lewis was arrested on a charge of robbery in the first degree and menacing for allegedly using a knife to steal property from a person on Bank Street, Batavia, on New Year's Day.

Lewis was arrested Jan. 23 and charged with grand larceny for allegedly stealing a vehicle Jan. 3 in the Town of Batavia.  

Following that arrest, he was released on appearance ticket in accordance with New York's new law.

Chief of Police Shawn Heubusch confirmed this evening that Lewis is also a person of interest in the theft of a Spectrum work truck. The suspect in that case fled after being spotted in the truck.

When Lewis was arrested Jan. 23, his listed address was on Genesee Street in Lima. In the arrest announced today, he is listed as having "no permanent address."

He is currently being held in the Genesee County Jail on the robbery charge. Robbery is a qualifying offense, under the new state rules, for bail.

The Jan. 1 robbery was investigated by Officer Stephen Cronmiller and Det. Jason Ivison.

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Two men from out of the area, one with a gun, who fled police, released on appearance tickets

By Howard B. Owens
     Denzell Johnson      Shafatiah Miller

Two Monroe County residents who fled from police after an attempted traffic stop Thursday night, who are now facing multiple felonies, including a weapons charge, were released on an appearance ticket per New York's bail reform law shortly after they were apprehended.

Denzell A. Johnson, 27, of Orange Street, Rochester, and Shafatiah H. Miller, 26, of Lake Avenue, Rochester, were reportedly in a vehicle on Ellicott Street when Deputy Ryan DeLong and Investigator Pete Welker, working as part of a coordinated enforcement detail, tried to initiate a traffic stop for an alleged traffic violation at 8:16 p.m.

The vehicle reportedly turned south onto Otis Street in an attempt to evade police and drove through a yard in the area of 255 S. Swan St. where the occupants jumped from the moving vehicle and ran. The suspects ran in different directions and officers engaged in a foot chase, with one of the suspects running across Jackson School property. Both suspects were located and taken into custody. The vehicle came to rest without incident.

Johnson allegedly had a handgun and a quantity of a controlled substance on him at the time of his capture.

He is charged with:

  • Criminal possession of a weapon on school grounds, a Class E felony;
  • Criminal possession of a firearm, a Class E felony;
  • Obstruction of governmental administration 2nd;
  • Unlawful fleeing a police officer;
  • Two counts of criminal possession of a controlled substance, 7th;
  • Displaying a forged certification of inspection;
  • Inadequate lights;
  • Unlicensed operation;
  • Two counts of failure to stop at a stop sign; and,
  • Insufficient turn signal.

Miller is charged with:

  • Criminal possession of a controlled substance 3rd, a Class B felony;
  • Two counts of promoting prison contraband, 1st, a Class D felony;
  • Promoting prison contraband, 2nd; and
  • Unlawful possession of marijuana, 2nd.

Both suspects are expected in City Court at 1 p.m., Feb. 18.

Additional charges are pending further investigation.

Participating in the coordinated enforcement effort on Thursday were the Local Drug Task Force, Sheriff's Office, Batavia PD, Le Roy PD, the Department of Environmental Conservation, NYS Probation, NYS Parole.

Rochester man pleads guilty drug and weapon charges

By Howard B. Owens
       Darius Jones

A man facing a pair of felony indictments will likely serve seven and a half years in prison under terms of a plea deal he agreed to in Genesee County Court today.

Darius Jones, 27, of Rochester, entered a guilty plea to the lesser included offense of criminal sale of a controlled substance, 5th. (He was originally charged with the same crime in the third degree.) He faces two-and-a-half years in prison for that conviction. He admitted in court that he possessd a controlled substance in the City of Batavia on Feb. 22 with the intent to sell it.

Jones also faced a weapons charge stemming from a traffic stop where a pistol was found under the seat of the car he was sitting in.

To a charge of attempted criminal possession of a weapon, 2nd, Jones entered a guilty plea on an Alford basis, which means Jones told Judge Charles Zambito that he couldn't admit to the facts of the crime as charged but he realizes that based on the evidence presented by the prosecution, he would likely be convicted at trial. The Alford plea affords Jones the opportunity to accept a plea deal without admitting to the crime in order to receive the benefits of a plea offer.

On the weapons charge, Jones will likely be sentenced to five years in prison.

The two terms will run consecutively.

Jones also admitted to being a second felony offender and a second violent felony offender. He was convicted of grand larceny in Monroe County in 2014 and of criminal possession of a weapon in Monroe County in 2010.

Pending sentencing, Jones was released from jail on his own recognizance, with no objection from District Attorney Lawrence Friedman. Sentencing is set for 9:30 a.m., April 6.

Law and Order: Pearl Street woman accused of spitting in the eyes of nurse caring for her at UMMC

By Billie Owens

Kelly A. Rodriguez, 47, of Pearl Street, Batavia, is charged with aggravated harassment in the second degree. She is accused of spitting in the eyes of a nurse at UMMC in Batavia who was caring for her. She was given an appearance ticket and is due in Batavia City Court at 1 p.m. on Feb. 11. The case was investigated by Batavia Police Officer Peter Post.

Wendy L. Henry, 35, no permanent address, is charged with second-degree criminal contempt. Henry was arrested for allegedly violating a stay away order of protection at 5:37 a.m. on Jan. 26 on Central Avenue in Batavia. The defendant was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Nicole McGinnis.

Jacoby Luc Green, 20, of Lake Street, Perry, is charged with operating a motor vehicle while impaired by drugs and moving from lane unsafely. At 4:56 a.m. on Jan. 29, Genesee County Sheriff's deputies responded to the intersection of Route 20 and Perry Road in Pavilion for a report of a one-car collision. After an investigation, Green was arrested and arraigned in Town of Pavilion Court. The defendant is due back there on Feb. 4. The case was handled by Deputy Kenneth Quackenbush, assisted by Deputy James Stack.

Matthew Ronald Hinze, 29, of Genesee Street, Attica, is charged with: driving while intoxicated; aggravated DWI; and possession of an open container of alcohol in a motor vehicle. At 9:15 p.m. on Jan. 28, Genesee County Sheriff's deputies stopped a vehicle on the south shoulder of Sumner Road in Darien. Following an investigation, Hinze was arrested. He was issued appearance tickets and is due in Town of Darien Court on Feb. 18. The was was handled by Deputy Erik Andre.

After 30 years of dealing with both the mundane and critical calls, Steve Robinson steps away from the dispatcher's mic

By Howard B. Owens

In 30 years as an emergency dispatcher, Steve Robinson has probably handled every imaginable kind of call, first with the City of Batavia and later with the Sheriff's Office -- lost cats, petit larcenies, fires, train derailments, overdoses, homicides, and everything in between.

It's a tough job but on the night of his final shift, he said he is glad he chose the job he did as a young man.

"It's been an amazing career," Robinson said. "I've made a lot of friends -- with other dispatchers, judges, DAs, police officers, EMS, fire -- everybody involved in the whole process. I couldn't have asked for a better career for 30 years. It's not pretty sometimes. We deal with a lot of unpleasant stuff, but we get through it and I appreciate everybody I've worked with, and I've gotten a lot of help over the years."

To be a good dispatcher, Robinson said, you have to be able to multitask. You can find yourself dealing with a police officer on the radio about one call while taking an emergency call from an unrelated incident on 9-1-1. 

"There is a lot of activity in the room and you can't rely on somebody else to answer your phone for you," Robinson said.

And because you're sometimes dealing with people in duress, at the worse time of their lives, or who are angry, you have to have good people skills to be a good dispatcher. You have to be able to stay calm, talk people through their situations and ensure first responders are kept safe.

"The people I work with, not just the dispatchers, but the first responders, we have a bond because nobody else understands what we do," Robinson said. "In this job, unless you do it, you can't understand what we deal with and that is what bonds us."

In retirement, Robinson will still be around, and not far from the career he's loved. He will continue to work part time for Batavia PD as a desk clerk.

"I'll keep a hand in the business," Robinson said. "I'm not totally walking away."

Pickup truck stolen in Pavilion, owner looking for help in recovering it

By Howard B. Owens

A family in Pavilion would like to get their 2003 Chevy Silverado back.

It was stolen at 5:20 this morning.

It's dark gray/black with a light bar, and a plow mount (the plow was not attached at the time it was stolen). The passenger side door handle is broken. There are glow lights under the truck and the front license plate is on the driver's side grill. There is a plastic toolbox across the bed of the truck.

Whoever stole the truck apparently headed north on Roanoke Road because there was sheet steel in the bed of the truck that fell out.

State Police took the stolen vehicle report. The State Police can be reached at (585) 344-6200. A friend of the owner, Jessica Wolcott, can be reached at (585) 815-3625.

Driver of car struck head-on in East Pembroke accident dies at ECMC

By Howard B. Owens

A woman who was driving an SUV struck head-on on Route 5 in East Pembroke yesterday morning has died, according to the Genesee County Sheriff's Office.

Patricia L. Dzienciol, 50, of Akron, succumbed to her injuries at the Erie County Medical Center.

Dzienciol was driving a 2015 Nissan Rogue westbound in the area of 2700 Main Road at 7:14 a.m. when 1997 Mercury sedan crossed over from the eastbound lane and struck her vehicle. The Rogue traveled off the north shoulder and overturned in a roadside ditch.

The driver of the Mercury, Kathleen Swanekamp, 84, of Roswell Avenue, Tonawanda, was cited for allegedly driving at a speed that was not safe nor prudent and for failure to stay in the right lane.

At the time of the accident, snow was falling and roadways were wet and slushy. East Pembroke Chief Don Newton said the conditions made it difficult for volunteers to respond to the scene both quickly and cautiously.  

UPDATE: Audio on the video (finally) fixed.

Four people seriously injured in early morning crash in East Pembroke

By Howard B. Owens
Video Sponsor
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One of the drivers involved in a serious injury accident at 7:14 a.m. on Route 5 in East Pembroke was cited for two alleged traffic violations following an investigation into the collision.

Kathleen A. Swanekamp, 84, of Roswell Avenue, Tonawanda, was cited for allegedly driving faster than was safe or prudent for the conditions and for failure to stay in the right lane of traffic.

According to the accident report prepared by Deputy Nicholas Chamoun, Swanekemp was eastbound on Main Road east of Barrett Road when her 1997 Mercury sedan crossed into the westbound lane.

The car collided head-on with a 2015 Nissan SUV driven by Patricia Dzienciol, 50, of Golden Pond Estates, Akron. Dzienciol's vehicle overturned in a ditch on the north shoulder and East Pembroke Chief Don Newton said it was a lengthy process to extricate her from the vehicle.

Swanekamp had two passengers: William J. Danek, 26, and Daniel Cordner, 42. A passenger in the rear seat of Swanekamp's sedan also required extrication.

All four patients were taken to the trauma center at ECMC.

CORRECTION: Earlier we listed the registered owner of the SUV, not the driver. The driver was Patricia Dzienciol.

UPDATE: Audio corrected on the video.

Law and Order: Batavia woman accused of striking person at GCASA multiple times

By Billie Owens

Jennifer L. Stack, 33, of South Main Street, Batavia, is charged with second-degree harassment. She was arrested on Jan. 25. At 10:35 a.m. on Jan. 11 an incident occurred at GCASA, 430 E. Main St., Batavia, and Stack is accused of striking a person multiple times while on the property. She was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Kevin DeFelice.

Ashley E. Quintern, 30, of South Pearl Street, Oakfield, is charged with endangering the welfare of a child. She was arrested after an incident at 8:20 a.m. Jan. 24 where children were allegedly left without supervision for about an hour and a half at a location in the 100 block of Ross Street in the city. Quintern was issued an appearance ticket for Batavia City Court and is due there Feb. 4. The case was handled by Batavia Police Officer Felicia DeGroot.

Phillip D. Byford Jr., 29, of South Platt Street, Albion, is charged with two counts of petit larceny on the same day at the same store. He was first arrested at 8:01 a.m. on Jan. 24 after being accused of stealing beer and food from the Speedway convenience store at 204 W. Main St. in Batavia. The arrest was made by Batavia Police Officer Miah Stevens, assisted by Officer Jordan McGinnis. Later, at 10:35 p.m., a witness allegedly saw him stealing beer at the Speedway and reported it. He was arrested again at 11:05 p.m. The evening arrest was made by Batavia Police Officer Adam Tucker, assisted by Officer Wesley Rissinger. In each incident he was released with an appearance ticket to be in Batavia City Court on Feb. 4.

Robert C. Strollo, 59, of East Main Street, Batavia, is charged with petit larceny. He was arrested at 9:55 a.m. on Jan. 26 following the investigation of a larceny that occurred at the Family Dollar Store at 577 E. Main St. in Batavia. He is accused of stuffing merchandise in his pockets while there at 11:37 a.m. on Jan. 22. He allegedly walked out of the store without paying for the items. Strollo was issued an appearance ticket for Batavia City Court and is due there on Feb. 4. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Kevin DeFelice.

Nateeka M. Gibson, 30, of Tracy Avenue, Batavia, is charged with petit larceny. Gibson was arrested after a larceny was reported at the Kwik Fill at 99 Jackson St. in Batavia. This allegedly occurred at 7:40 p.m. on Dec. 20. Gibson is accused of taking property from the convenience store without paying for it. She was issued an appearance ticket and is due in Batavia City Court on Feb. 11. The case was handled by Batavia Police Officer Peter Flanagan.

Law and Order: South Pearl Street man accused of making bomb threat at Batavia gas station

By Billie Owens

Robert William Devos, 31, of South Pearl Street, Batavia, is charged with falsely reporting an incident in the second degree. On Jan. 26, Devos turned himself in at the Genesee County Sheriff's Office on the pending charge. It stems from an incident that occurred at the Citgo Gas Station on Park Road in the Town of Batavia at 6:10 p.m. on Jan. 17. Devos allegedly reported to patrons and store staff that there was "an impending occurrence of an explosion in the store." Devos was processed at the Genesee County Jail and released with a ticket to appear in Town of Batavia Court on Feb. 6. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Jared Swimline.

Nanette Louise Kappus, 63, of Angling Road, Corfu, is charged with: aggravated driving while intoxicated -- a BAC of .18 or higher; DWI; and driving left of pavement markings. Following a traffic complaint, Kappus was arrested at 6:59 p.m. Jan. 26 on Angling Road in Corfu. She was issued traffic tickets and is due in Town of Pembroke Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by David Moore.

Aaron W. Smith, 32, who resides in Oakfield, was arrested by Wyoming County Sheriff's Deputy Austin Harding on Route 39 in the Town of Castile on Jan. 25. He is charged with aggravated unlicensed operation of a motor vehicle in the third degree. While on patrol, Harding allegedly witnessed a passenger in Smith's vehicle, which was in front of the deputy's car, throw an item out of the moving vehicle. A traffic stop was initiated near Swyers Road. Smith was found to have two active suspensions on his driver's license out of Town of Alabama Court, where he is due at a later date. Smith's passenger was issued a citation for littering on a highway.

Octavio M. Tardy, 54, of Woodside Drive, Bergen, is charged with petit larceny. On Jan. 21 at 4:30 p.m. Tardy was arrested for allegedly stealing items from the Dollar General Store at 412 E. Main St. in Batavia. Tardy was issued an appearance ticket and is due in Batavia City Court on Tuesday (Jan. 28). The case was handled by Batavia Police Officer Christopher Lindsay.

Tonya M. Weber-Jackson, 35, of Liberty Street, Batavia, is charged with petit larceny. On Jan. 20 at 7:35 p.m. Weber-Jackson was arrested for allegedly stealing items from the Dollar General Store at 412 E. Main St. in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Feb. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

Police report robbery of a person meeting a stranger to complete online sale of items

By Howard B. Owens

Press release:

The Batavia Police Department is investigating a robbery that occurred in the parking lot of Pizza Hut on Jan. 24 at approximately 7:38 p.m. The victims had gone to the lot to meet with a potential buyer of items the victims were selling online when the robbery occurred. It is believed the potential buyer is the suspect in this case.

The suspect was armed with a blunt object at the time. The victims were not injured during the incident. Further information can not be released at this time due to the ongoing investigation.

The Batavia Police would like to remind citizens the Batavia Police Headquarters rear vestibule, located at 10 W. Main St., is a certified SafeTrade Station. This means members of the public wishing to buy or sell online items, can conduct the sale with the other party in a safer spot than a parking lot or house.

The vestibule area is monitored by surveillance cameras/police personnel and a direct phone connection to the Genesee County Dispatch Center is available. More information about the SafeTrade Program can be found here.

Anyone with information in reference to the case may contact: Detective Sergeant Matt Lutey at 585-345-6311, or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370, or online here.

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