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Officials say Kira Kastenhuber committed a 'vicious and horrific' crime

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In a crime that was deemed “vicious and horrific,” Kira Kastenhuber pled guilty to second-degree murder in the death of Perry resident, 33-year-old Desirae Withey.

This plea was part of a plea bargain where the defendant will be sentenced to an indeterminate sentence with a minimum of 15 years and a maximum of life in state prison.

The charge stems from an incident that occurred Feb. 6 at 84 Borden Ave., Perry. During the early morning hours on Saturday the 6th, Kastenhuber entered Withey’s home as part of a preconceived plan to strangle and kill her. 

At approximately 9:30 that morning, a 9-1-1 call was made by a neighbor after one of the victim’s children had asked for help, the Wyoming County District Attorney’s Office reported. Shortly thereafter, members of the Perry Police Department arrived at the Borden Avenue residence. After surveying the scene, calls were made to the New York State Police, Wyoming County Child Protective Services, and the Wyoming County District Attorney’s Office for assistance.

On Feb. 7, during the late morning hours, the Rochester Police Department responded to a 9-1-1 call for a potential overdose of the defendant. She was taken to Strong Memorial Hospital and was released at approximately 5 p.m. Feb. 8, at which time she was taken into custody and put in Wyoming County Jail.

The defendant appeared in Wyoming County Court Thursday (Oct. 6) afternoon obviously distraught, as family members of the victim sat silently to witness the proceeding.

On March 17, Kastenhuber pled not guilty in court to two counts of murder in the second degree, burglary in the first degree, and acting in a manner injurious to a child less than 17 years old.

“Plea discussions were going on for some time,” said Wyoming County First Assistant District Attorney Vincent Hemming. “The defendant accepted our plea bargain of the top indictment of murder in the second degree. The indictment normally carries a sentence of 25 years to life with a minimum of 15 years to life in prison. Our plea offer was a sentence of 15 years to life in prison. Additionally, an order of protection was placed against her, restitution was ordered and she waived her right to appeal.”

Officials said the evidence of guilt was tremendous, and included statements she made to police. Substantial forensic evidence corroborated those statements, in particular, the defendant's DNA underneath the victim’s fingernails.

“The fingernails were cut off the victim after the murder,” Hemming said. “The nails were cut in order to hide evidence that would link the defendant to the crime.”

The fingernails, which were taken from the crime scene, were found on the body at the Medical Examiner's Office in Rochester.

“The evidence of guilt was overwhelming. The evidence of premeditation was also overwhelming. In addition to everything else, we found a planning note on how she was going to actually kill her.”

She had written a note of what she had to do: get gloves, pull her hair back...She had written a whole note planning out the murder, officials said. That evidence was subsequently sent to Quanico, Va., – headquarters for the FBI – to determine if the handwriting was in fact Kastenhuber's.

“They had indicated that that (the note) was a match for the defendant’s handwriting and I think that factored into the defendant’s decision to pled guilty,” Hemming said.

“The case has been, and continues to be, handled by the Assistant (Public Defender) Leah R. Nowotarski,” said Wyoming County Public Defender Norman Effman. “She had a lot of contact with the client and spent hours and hours with her and hours reviewing the evidence and the potential defense of extreme emotional disturbance.

"But after awhile it became obvious to us, as Mr. Hemming mentioned, the evidence was overwhelming. We felt that there would be a significant chance of her being convicted of what she pled to. It was our concern that if she went to trial and was convicted she would receive the maximum sentence.” 

It then became an issue of what it means to an individual to serve 15 years or 25 years to life. The lower number gets you to the parole board sooner. 

“Statistics say it’s highly unusual that a person would be released at their first appearance," Effman said. "They may be released eventually, but the earlier you meet with the parole board – and who knows what the parole board will be like in 15 years – the better your chances are to being released to supervision.

"And there will be supervision for the rest of her life. It’s an opportunity (for Kastenhuber) to at least have some glimmer of hope of freedom, even if that freedom is limited because of supervision. That became important. She is still a young woman, therefore, when she meets the parole board, she still has a life ahead of her and the opportunity to go back to the community.”

“She was going to bring gloves and pull her hair back, but after she killed her... And after she had done those horrendous acts, she took the time to cut the fingernails off the body,” Hemming said. “She knew enough that there was evidence there – to cut off her fingernails. To have the calmness to sit there and go ‘oh I have to cut the nails off the body’... Our recommendation is that she is never released. It was a brutal act. They were horrendous injuries.”

“This is the kind of act that is certainly horrendous, but you know it’s not the kind of act a person is likely to commit in the future,” Effman said. “The chemistry, events, emotions that occur that create a volatile moment in ones lifetime will unlikely ever occur again. So it’s not a question of protecting the community, it’s a question of punishment. And she will be significantly punished. 

“She is obviously remorseful. You can see in the courtroom that she was crying. She wasn’t crying for just herself, she’s crying for her family, the victim's family. She’s crying for what she did and she has to accept that responsibility and that is the first step in rehabilitation. That’s the first step in convincing a parole board that she is safe to release back to the community.

“It’s going to be a difficult time at sentencing. I'm sure it will be an emotional time. The case isn’t over quite yet. It will never be over for her or the families. But, there won’t be a trial where you have to sit and listen to the horrific details...We avoided that, and that’s a good thing.” 

“It was a devastating loss for our community. A death on our community of a young woman with two children,” Hemming said. “I don’t know how these children are going to be able to live with this, but I think they are strong children and they will make it through this. I wish them well.”

Currently, Kastenhuber remains held without bail in the Wyoming County Jail. She is scheduled for sentencing at 9:30 a.m. Dec. 1, at which time the family will have an opportunity to address the court.

See related: Kastenhuber pled not guilty to murder

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Wyoming County Court: Eric Hartman convicted of a criminal sex act

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The following person was in Wyoming County Court before Judge Michael Griffith Oct. 4.

Eric E. Hartman, who committed a crime in Perry and Wethersfield, was sentenced to two-and-one-half years in prison, 10 years post-release supervision, and $1,425 in fees and surcharges. An order of protection was also issued. He was convicted of criminal sex act in the third degree, a Class E felony.

The following people were seen in Wyoming County Court before Judge Michael Mohun Oct. 5.

Darin Wierzbic, who committed a crime in Arcade, pled guilty to criminal possession of a controlled substance in the second degree, a Class A felony, with sentencing at the discretion of the court. He is scheduled for sentencing Nov. 3.

Saida Ali, who is accused of a crime in Attica, pled not guilty to promoting prison contraband in the first degree, a Class D felony; and conspiracy in the fifth degree, a misdemeanor. The case has been adjourned to Oct. 13.

Robin Frontuto, who is accused of a crime in Attica, had her case adjourned to Nov. 16. Bail was set at $50,000 cash or $75,000 bond.

Tammy Miller, who is accused of a crime in Attica, had her case adjourned to Oct. 13.

David Riley, who committed a crime in Attica, was sentenced to two-and-one-half years in prison and two years post-release supervision, and $160 in restitution. Sentencing is at the discretion of the court.

The following are from state correctional facilities in Attica.

Wyatt Penfold had his case adjourned to Nov. 16.

Chester Jones pled not guilty to promoting prison contraband in the first degree, a Class D felony; and conspiracy in the fifth degree, a misdemeanor. The case has been adjourned to Dec. 21 for motions. Bail was set at $20,000.

Benedict Agostini had his case adjourned to Nov. 16.

Bruce Battle had his case adjourned to Oct. 19 for a Wade Hearing. The purpose of a Wade Hearing is to determine whether the eyewitness’s identification of the defendant as the perpetrator of the crime is correct.

Jayme Frontuto had his case adjourned to Nov. 16 for a hearing. 

Jerry McLamore had his case adjourned to Feb. 24 for trial.

James Smith pled not guilty to promoting prison contraband in the first degree, a Class D felony, and conspiracy in the fifth degree, a misdemeanor. Motions are scheduled for Dec. 21. Bail was set at $20,000.

Jamal Wilson pled not guilty to promoting prison contraband in the first degree, a Class D felony, and conspiracy in the fifth degree, a misdemeanor. Motions are scheduled for Dec. 21. Bail was set at $20,000.

Darrell Carthon pled not guilty to promoting prison contraband in the first degree, a Class D felony. Motions are scheduled for Dec. 21. Bail was set at $5,000.

Corey Underwood was sentenced to one-and-one-half to three years in prison for the conviction of attempted promoting prison contraband in the first degree, a Class E felony, as a second felony offender. The sentence is to run consecutively to his current term. Sentencing is at the discretion of the court.

Frank Pergola was sentenced to one-and-one-half to three years in prison on each count of aggravated harassment of an employee by an inmate, a Class E felony, as a second felony offender. The sentences are to run concurrently to each other and consecutively to his current term. Sentencing is at the discretion of the court.

Lionell Jones pled guilty to attempted promoting prison contraband in the first degree, a Class E felony, as a second felony offender. Sentencing is scheduled for Nov. 16, with sentencing at the discretion of the court.

Wesley Kirkland was sentenced to one-and-one-half to three years in prison on the conviction of attempted promoting prison contraband in the first degree, a Class E felony. The sentencing it to run consecutively to his current term. Sentencing is at the discretion of the court.

Rafael Deorbel pled guilty to criminal possession of a controlled substance in the seventh degree, and promoting prison contraband in the second degree, both as misdemeanors. He was sentenced to a conditional discharged with sentencing at the discretion of the court.

David Alexander pled not guilty to two counts of promoting prison contraband in the first degree, a Class D felony. The case has been adjourned to Dec. 21 for motions. Bail was set at $5,000.

The following were seen in Wyoming County Court before Mohun Oct. 6.

Phillip Lingenfelter, who committed a crime in Arcade, violated original (June 30) sentencing deal on criminal possession of a controlled substance in the fourth degree, a Class C felony. Sentencing will now be at the discretion of the court. The case has been adjourned to Oct. 27.

Shannon Garland, who committed a crime in Arcade, paid $2,000 in restitution. The case has been adjourned to Dec. 15.

Amanda Washburn, who is accused of a crime in Gainesville, had her case adjourned to Dec. 1 for motions.

Ryan Northrup, who committed a crime in Middlebury, pled guilty to driving while ability impaired by drugs, a Class E felony; and leaving the scene of an incident without reporting. Sentencing is at the discretion of the court and is scheduled for Dec. 8. Bail was set at $2,500.

Christopher Ladd, who committed a crime in Orangeville, pled guilty to driving while intoxicated, a Class D felony; and aggravated unlicensed operation in the first degree, a Class E felony. Sentencing is scheduled for Dec. 8 and is at the discretion of the court. Bail has been revoked.

Stephanie Stuart, who is accused of a crime in Perry, pled not guilty to aggravated driving while intoxicated with a child, a Class E felony; driving while ability impaired by drugs, and endangering the welfare of a child, both as misdemeanors; and driving on roadway laned for traffic. The case has been adjourned to Jan. 5.

Tina Beeley, who is accused of a crime in Warsaw, appeared for motions. The decision has been reserved and the case adjourned to Oct. 20 for a Huntley Hearing. A Huntley Hearing is a pretrial hearing in New York State and is requested for the purpose of reviewing the manner in which the police obtained statements from the defendant.

Margaret Wolfe, who committed a crime in Warsaw, pled guilty to criminal sale of a controlled substance in the fourth degree, a Class C felony. On Oct. 7, she was sentenced to six months in jail, five years probation and $150 in restitution.

Lynda Brown, who allegedly committed a crime in Warsaw, had her case adjourned to Dec. 1 for motions.

Luke Mattson, who allegedly committed a crime in Warsaw, had his case adjourned to Oct. 13.

Crystal Lawrence, who committed a crime in Warsaw, pled guilty to welfare fraud in the fifth degree and petit larceny, both as misdemeanors. Sentencing is scheduled for Feb. 23.

Steven Snyder, who is accused of a committing a crime in Wethersfield, had his case adjourned to Dec. 1.

Melissa Trzecieski, who committed a crime in Wyoming County, was arraigned on a violation of probation. The case has been adjourned to Dec. 15.

Chastity Brace, who committed a crime in Wyoming County, entered a general denial on a violation of probation. The case has been adjourned to Nov. 3. She is held without bail in the Wyoming County Jail.

Jessica Eagan, who is accused of a crime in Wyoming County, had her case adjourned to Oct. 20.

Tamber Reed, who committed a crime in Wyoming County, admitted to a second violation of interim probation. She was sentenced to three years probation on the conviction of endangering the welfare of a child, a misdemeanor.

Shane Shaffer, who committed a crime in Wyoming County, admitted to a violation of probation. Shaffer was resentenced to one to three years in prison followed by a three-year conditional discharge with an ignition interlock device.

Alanna Muniak, who committed a crime in Wyoming County, admitted to a second violation of probation. She is scheduled for sentencing Oct. 20.

Law and Order: Covington man charged in damaging a basketball backboard in Bergen Park

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Blake M. Toal, 18, of Covington, was charged Sept. 24 with criminal mischief in the third degree, a Class E felony. Toal was charged following an investigation into the damage to a basketball backboard in the Village of Bergen Park. He is due in the Town of Bergen Court at 3 p.m. Oct. 19.

Mark Vickers, no age provided, of Pavilion, was charged Oct. 4 with operating a motor vehicle while the registration is suspended. No further information was provided.

Jonathon D. Bucknam, 36, of Perry, was charged with criminal sale of a controlled substance in the third degree. Perry Police say he was charged following an investigation of stolen prescription pills. Bucknam allegedly reported his prescribed controlled substance was stolen from his home. He is accused of giving or selling his prescription drugs to another person. He was jailed in Wyoming County Jail in lieu of $5,000 cash bail or $20,000 bond.

Girls Soccer: No goal in Perry/Mount Morris vs. Pavilion game Tuesday night

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The Perry Yellowjackets girls soccer team played a long, hard fought game Tuesday night—both Perry/Mount Morris and Pavilion had great defensive games.  

The final score was 0-0 in overtime with Rachel Evans having 16 saves in net while being protected by Maddy Regal, Kirsten Rivera, Mikayla Bush and Grace Huff defensively. 

Although the Yellowjackets struggled to score, Brittnay Woodworth, Chelsea Pascoe, Lillian Bacon, and Carley Jo Jackson worked hard to control the midfield. Lauren Ferraro and Shoniqua Patterson also had many attempts on goal but just couldn't knock one in. 

School officials say Pavilion “played a great game and worked extremely hard” to prevent any goals from being scored.

Information submitted by Laura Hamilton

Law and Order: Castile man charged with grand larceny

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Benjamine Torres, 30, of Castile, was charged Oct. 3 with unauthorized use of a motor vehicle and grand larceny. Torres is accused of stealing a vehicle from a Hamline Avenue address in Castile. It is alleged the vehicle was taken the previous night. He was put in Wyoming County Jail on $5,000 cash bail or $10,000 bond. He is scheduled in the Town of Castile Court later this month.

Angel L. Lopez Claudio, 41, of Philadelphia, was charged Oct. 4 with aggravated unlicensed operation of a motor vehicle in the second degree, aggravated unlicensed operation of a motor vehicle in the third degree, and illegal window tint. Lopez Claudio was stopped on Route 20A, Perry, for an alleged window tint infraction. During the stop, Wyoming County Sheriff’s deputies allege he was found to have six active suspensions, including failure to answer summonses and driving while ability impaired. He was arrested at the scene and his vehicle towed. He was put in Wyoming County Jail on $2,500 cash bail or $5,000 bond. He is due in the Town of Perry Court Oct. 26.

Matthew W. Berchou, 23, of Attica was charged Oct. 7 with driving while intoxicated, refusal to take a breath test, moving from a lane unsafely, and failing to stop at a flashing red light. Berchou was stopped on Route 98 after Attica Police officers say they saw him moving from a lane unsafely and not stopping at the flashing red light at the intersection of Main and Market streets. Further investigation allegedly found him to be intoxicated. He was released on his own recognizance and due in Attica Village Court at 10 a.m. Nov. 14.

Letchworth/Warsaw defeats Perry/Mount Morris to remain undefeated

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The undefeated season of the Letchworth/Warsaw football team concludes at homecoming with a 28–6 victory of the Perry/Mount Morris.

On a night where temperatures reached down close to 40 degrees, Letch-Saw dominated the game with 300 yards of offense, led by an imposing and diverse running game. The Tigers rushing attack saw ten players touch the ball, including four individuals scoring touchdowns.

While possessing the ball for more than thirty minutes of the game, the team stifled the Hornets on defense as well. Jake Ziegler led the defensive effort with five tackles and two interceptions, as well as two other interceptions from the team.

Perry/Mt. Morris' lone score on the night came from a fumble recovery by Chase Prickett, which was returned 43 yards.

The Tigers complete their regular season undefeated at 7–0, and take their streak into Sectionals. Perry/Mount Morris is 1–6 on the season.

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Law and Order: Perry woman accused of trying to steal a car

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      Sarah J. Ingalls

Sarah J. Ingalls, 21, of Perry, was charged Oct. 14 with: attempted unauthorized use of a motor vehicle; attempted grand larceny in the fourth degree; disorderly conduct; creating a hazardous condition; public appearance under the influence of drugs and or narcotics. Perry Police responded to Lake Street for a call of a suspicious person entering vehicles. After interviewing Ingalls, officers say she admitted to trying to steal a vehicle and leave the area. She was put in Wyoming County Jail on $2,500 cash bail or $5,000 bond. She is due in Perry Village Court Nov. 8.

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      Ivan Carney

Ivan Carney, 41, of Perry, was charged Oct. 14 with aggravated unlicensed operation of a motor vehicle in the third degree. Perry Police say Carney was stopped on Church Street in the village for driving with a suspended New York State driver's license. He is due in Perry Village Court at a later date.

Brittney Ellis, no age provided, of Hunt, was charged Oct. 10 with unlicensed operator of a motor vehicle and aggravated unlicensed operator of a motor vehicle in the third degree. Perry Police say Ellis was driving on North Main Street in the village with a suspended license. She wasput in Wyoming County Jail on $1,000 cash bail. 

Connie D. Kilfoyle, 71, of Warsaw, was arrested Oct. 12 on a bench warrant out of Perry Village Court. Officers say the warrant was issued after she missed her scheduled court appearance for the charge of issuing a bad check. She was jailed in lieu of $1,000 cash bail or $2,000 bond. She is due in Perry Village Court Nov. 8.

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      Alex Drake

Alex Drake, 22, of Castile, was charged Oct. 14 with unlicensed operation in the third degree. Perry Police officers say he was arrested for driving a car in the village while his New York State driver's license is suspended. He is due in Perry Village Court Nov. 8.

Cathy J. Tarey, 61, of Wyoming, was charged Oct. 12 with petit larceny. Tarey is accused of stealing merchandise from Marshalls in the Town of Batavia. She is due in Batavia Town Court at 1 p.m. Oct. 24.

Perry woman charged in accident in Bethany

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Photos by Howard Owens

Teresa M. Bosdyk, 54, of Perry, was charged Oct. 18 with driving while intoxicated, speeding, lane violation, and no seat belt. Genesee County Sheriff’s deputies say Bosdyk “appeared” to have had crossed into the oncoming lane on Ellicott Street Road, Bethany, and struck a tractor-trailer. She was taken via Mercy Flight to Strong Memorial Hospital, Rochester. She is due in Bethany Town Court at a later date. Additional charges are pending.

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Wyoming County Court: DWI conviction lands a local woman in jail for several weekends

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The following were in Wyoming County Court before Judge Michael Mohun Oct. 20.

Kimberly White, who committed a crime in Covington, pled guilty to aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony; and driving while ability impaired by alcohol. White was sentenced to two months of weekends in jail, a three-year conditional discharge, and a $1,000 fine.

Jody Nelligan, who is accused of committing a crime in Arcade, had her case adjourned to Jan 6 for trial.

Edward Koziel, who committed a crime in Perry, was sentenced to a one-year conditional discharge. He was convicted of assault in the third degree.

Alanna Muniak, who committed a crime in Wyoming County, was resentenced to one year in prison and one year post release supervision. The sentences are to run concurrently. Muniak was convicted of violation of probation.

Jessica Eagan, who committed a crime in Wyoming County, had her case adjourned to Dec. 15 for sentencing.

Law and Order: James Robinson picked up on a warrant

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James Robinson, 25, of Waterloo, was charged Oct. 14 with criminal contempt in the second degree. Robinson is accused of sending harassing text messages, thereby violating an order of protection. An arrest warrant was filed by the Wyoming County Sheriff’s Department on Oct. 14. Subsequently, Perry Police picked up Robinson on the warrant at Dollar General and he was turned over to deputies.

Bradley Stuckey, 30, of Farmersville Station, was arrested on a warrant out of Cattaraugus County for a violation of probation. Stuckey was stopped at Genesee and Curriers roads for allegedly failing to stop at the stop sign. He was taken into custody by Wyoming County Sheriff’s deputies and turned over to Cattaraugus County deputies without further incident.

Local projects created jobs and helped leverage close to $30 million in investments

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Press release:

The Wyoming County Industrial Development Agency (IDA) on an annual basis prepares a summary report of projects that received assistance from the IDA. Projects that have been approved by its Board of Directors in 2016 will help to leverage $28,966,492 in private capital investment and the creation of 117 new jobs in the county. Additionally, the Wyoming County Business Assistance Corporation (WCBAC), the lending arm of the IDA, provided financing to two businesses totaling $211,000. It increased its loan portfolio to 31 loans with an outstanding balance of $2,536,058.

Significant financial projects in the past year include:

    • The WCBAC closed on a financing request from Silver Lake Brewing Project LLC for $115,000. With matching bank financing it will allow the business to purchase and install equipment for its micro-brewing plant. The brewery aims to make high quality craft beer and bring a destination business to Downtown Perry. The project is expected to be complete before the end of the year.

    • The WCBAC provided the financing for 90 Washington LLC to acquire the former A & A Metals site in Perry. LVM Materials has been renting the property for approximately a year while the final paperwork was processed and the business owner was able to purchase the site from the Wyoming County Business Center.

    • The IDA, through the WCBAC, administers the Wyoming County Rural Arts Initiative Grant. The county was awarded a $200,000 Community Development Block Grant from the New York State Office of Community Renewal. The funds were for financing the Rural Arts Initiative Micro Enterprise Program in December. The WCBAC was appointed subrecipient by the county Board of Supervisors in January. The WCBAC has contracted H. Sicherman and Company to manage the grant program and assigned a review committee to score applicants for the program. There are currently six applicants from the first round of applications working through the grant process and about $60,000 promised to applicants for art equipment, supplies and work space. The Arts Initiative grant will expire in December.

    • The IDA, through the WCBAC, administers the recently awarded Growing the Agricultural Industry Now! (GAIN) revolving low interest loan fund. This program is originating from the Genesee/Finger Lakes Regional Planning Council, which has received a $3,000,000 grant from the New York State Urban Development Corporation, DBA (doing business as) Empire State Development (ESD). The proceeds are to be used to provide loans to agricultural and food processing businesses. A portion of the ESD grant, up to approximately $595,319, has been allocated to provide funding for loans in Wyoming County.

The IDA approved financial incentives through tax abatements for six projects in 2016 which include:

    • T.J. Marquart & Sons Inc. continues the construction of a 30,375-square-foot steel building for the expansion to its existing truck repair facility. The business has 40 employees at this location and expects to create 40 additional full-time jobs in the county over the next three years

    • Gary and Betty Burly, co-owners of East Hill Creamery, built an 11,288-square-foot cheese manufacturing plant, and 3,500 square feet of caves for aging the cheese. In addition to the builging the plant and caves, the project included acquiring and installing cheese manufacturing equipment, HVAC equipment, and construction of a retail area and educational area. The business expects to create seven full-time jobs in the county over the next three years. The project started in 2015 and was completed this year.

    • Marquart Brothers LLC constructed a 36,400-square-foot steel building expansion to its existing potato washing and storage facility. The increased space made room for two climate controlled storage bins. Additionally, the expansion and new business will require an added workforce both seasonally and year-round.

    • Center Street Business Center LLC was approved for IDA incentives in 2014 to reconstruct 28,000 square feet of space available in a vacant textile Mill on Center Street in Warsaw. The building now houses 13 agencies in the Agriculture and Business Center allowing the county to colocate Ag and economic development services. This has enhanced inter-agency efficiencies and synergies stimulating the expansion of the dairy Industry, provides a one-stop shop for the agriculture community, and promotes regional leadership within the county. This project required an investment of more than $4.5 million.

    • Arcade REHC 1 LLC was approved for incentives for an expansion project for its tenant Base Technologies Inc.. The company is constructing an 18,000-square-foot addition to its existing facility. The total capital investment is expected to be approximately $1.4 million. 

In 2008 The Krog Corporation formed the limited liability company, Arcade REHC 1 LLC, and purchased the Arcade Business Park from the IDA. Krog built a 16,000- square-foot building on the property and leased approximately half of the space to Base. Last year Base outgrew the space it was in and leased the additional building space available.

    • Calamar (Grandview Senior Apartments): The business proposes to build a 120-unit apartment complex designed to serve middle income seniors 55 years and older, in the Town of Warsaw. The structure will be a three-story, 111,450-square-foot (approximatley) building fully quipped with firefighting sprinklers. The anticipated cost is $11.59 million. 

The IDA Board approved the company’s request for abatement of sales tax on construction materials and non-production equipment, a PILOT (payment in lieu of taxes) agreement for temporary abatement of property tax, and abatement of the mortgage recording tax. This project is the first Planned Unit Development (PUD) project in Warsaw since the town approved the PUD Zoning. The developer hopes to break ground this fall and complete the project by midsummer.

“The IDA remains an important part of Wyoming County’s Economic Development growth. While enduring changes to policies, compliance issues, as well as changes in legislature, the IDA has proven time and again its strength and belief in the service we provide to our county’s economic future,” said IDA Executive Director James Pierce. “The IDA will continue to do its part to encourage the growth and investment in our local businesses to create good paying jobs in the county.” 

The success of the 2016 economic development projects is credited to Director of Operations Robin Marschilok, Program Manager Jennifer Tyczka, and Special Project Coordinator Bill Daly, says Pierce.

For more information about the IDA visit www.wycoida.org, call (585) 786- 3764 or email jpierce@wycoida.org.

Sen. Chuck Schumer celebrates big win with Pioneer Credit

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Sen. Chuck Schumer rallied with employees and company executives of Pioneer Credit and local officials Thursday to officially celebrate the company’s win of an Internal Revenue Service (IRS) contract. The winners of the contract were initially announced in September. 

“The good news is, because of this contract and the health of this company, not only are your jobs secure, but I think we can announce today that there will be 100 new jobs in Wyoming County,” Schumer said. 

Pioneer Credit Recovery Inc., a subsidiary of Navient Corporation, provides collection services on defaulted debt. Headquartered in New York, the company employs more than 1,000 people and boasts it is the “largest private sector employer in Wyoming County,” according to its website. The company has locations in Arcade and Perry, and in Monroe and Chemung counties.

Schumer was instrumental in Congress passing a bill that allows the IRS to garner help in collecting billions of dollars in unpaid taxes. Pioneer is one of four companies selected to provide the service. 

“Winning the IRS contract validates the work we are already doing with the U.S. Department of the Treasury for state and local municipalities across this land,” said company official Jack Remondi. “It’s a big win because it recognized the quality of work we do and our performance levels. It means more jobs and more growth. It allows us to demonstrate our skill set and passion to a different government agency.”

The contract is for a period of five years with an option of five one-year renewals and an extension of another five one-year renewals. Pioneer can potentially hold the contract for 15 years.

Just last year, the collections company lost a contract with the Department of Education, which jeopardized close to 200 jobs in the county.

“It’s no secret we want to regain our work with the Department of Education,” Remondi said. “The people in this room have helped thousands of borrowers get back on track and pick up the pieces of their lives and work toward better credit.

“Your senator pressed our case and pushed for a transparent process for accountability on both sides. He stood shoulder to shoulder with us from the very beginning and we are lucky we are not fighting alone.”

“What gives me the strength and desire to go forward is being here and seeing you,” Schumer said. “It is my mission – has always been my mission – to bring good paying jobs to New York State, for the middle class to stay there, and for those trying to get to the middle class...to make it easier for them to get there. I really believe in it.

“Every one of you represent a family, so when we can bring jobs here and keep the jobs here, it makes a whole lot of lives better and helps our local economy. It really matters to me.”

Local officials in attendance included Wyoming County Board of Supervisors Chairman Doug Berwanger, Perry Supervisor Jim Brick, Village of Perry Mayor Rick Hauser, Industrial Development Agency Executive Director Jim Pierce, Wyoming County Chamber & Tourism President Scott Gardner, and Community Action for Wyoming County Angle Action Division Director Pat Standish.

“It’s great to be here,” Schumer said. “I am honored and humbled to be here to celebrate the work that you do.”

As a result of the contract, Pioneer will be holding a job fair from 10 a.m. to 3 p.m. Wednesday at both the Perry and Arcade locations to fill close to 100 positions.

See related: Pioneer Credit looking to add 300 people to its workforce

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Wyoming County Court: Brendynn Jordan pled guilty to fleeing a police officer

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The following were in Wyoming County Court before Judge Michael Mohun Oct. 27.

Brendynn Jordan, who committed a crime in Warsaw, pled guilty to attempted reckless endangerment, two counts of speeding, unlawful fleeing a police officer, and reckless driving. He waived indictment on reckless endangerment in the first degree, a Class D felony, three counts of speeding, unlawful fleeing of a police officer in a motor vehicle in the third degree, reckless driving, passing a red signal, moving unsafely from lane, crossing hazardous markings, and failure to stop at a stop sign. Sentencing is scheduled for Dec. 1.

Jody Nelligan, who committed a crime in Arcade, pled guilty to attempted arson in the third degree, a Class D felony. Sentencing is scheduled for Jan. 26.

Phillip Lingenfelter, who committed a crime in Arcade, was sentenced to six months in jail and five years probation. He was convicted of criminal possession of a controlled substance in the fourth degree, a Class C felony.

Tammy Miller, who is accused of a crime in Attica, pled not guilty to two counts of promoting prison contraband in the first degree, both as Class D felonies, and two counts of promoting prison contraband in the second degree, and resisting arrest, both as misdemeanors. Motions are scheduled for Dec. 22.

Tyler McMurray, who committed a crime in Eagle, pled guilty to tampering with physical evidence, a Class E felony as a second felony offender. Sentencing is scheduled for Dec. 15. He is in Wyoming County Jail without bail.

Kyle Burdick, who committed a crime in Java, was sentenced to five years probation; $300 in restitution is to be paid within six weeks. He was convicted of attempted assault in the second degree, a Class E felony. He was also sentenced to five years probation for the conviction of perjury in the first degree, a Class D felony. The sentences are to run concurrently.

Julie Dutton, who is accused of a crime in Warsaw, had her case adjourned to Dec. 1.

Stephen Harder, who is accused of a crime in Warsaw, was in court for motions and had his case adjourned to Nov. 23 for a Huntley Hearing. A Huntley Hearing is a pretrial hearing in New York State and is requested for the purpose of reviewing the manner in which the police obtained statements from the defendant.

Tracy Phillips, who committed a crime in Warsaw, pled guilty to criminal sale of a controlled substance in the fifth degree, a Class D felony. Sentencing is scheduled for Jan 26.

Hamidu Sow, who committed a crime in Warsaw, was sentenced to an unconditional discharge and a $500 fine for aggravated unlicensed operation of a motor vehicle in the second degree.

Catherine Miller, who committed a crime in Warsaw, pled guilty to welfare fraud in the fourth degree, a Class E felony. Sentencing is scheduled for Jan. 26.

Ryan Donnelly, who is accused of a crime in Wyoming County, had his case adjourned to Dec. 1.

Preston Ruble, who committed a crime in Wyoming County, was sentenced to six months of weekends in jail (intermittent) and probation terminated. He admitted to a violation of probation.

Jonathan Blasdell, who is accused of committing a crime in Wyoming County, admitted to violating probation. Sentencing is scheduled for Dec. 1. He is held without bail in Wyoming County Jail.

The following was in Wyoming County Court before Judge James Bargnesi Oct. 26.

Adam Aguado, who is accused of committing a crime in Warsaw, had his case adjourned to Nov. 16 for a Huntley Hearing. A Huntley Hearing is a pretrial hearing in New York State and is requested for the purpose of reviewing the manner in which the police obtained statements from the defendant.

Law and Order: Perry man charged with stealing alcohol from local shop

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Scott W. Grisewood, 49, of Perry, was charged Oct. 27 with petit larceny. Grisewood is accused of stealing a bottle of alcohol from Commodore Wine and Spirits. He was jailed in Wyoming County Jail in lieu of $250 cash bail or $2,000 bond. He is due in Perry Village Court Nov. 8.

Annette S. Carney, no age provided, of Perry, was charged with driving while intoxicated with a BAC of .08 percent or higher. Perry Police received a complaint of Carney driving a vehicle under the influence of alcohol. She was stopped on Leicester Street, Perry, and was given a field sobriety test, which she subsequently failed. She is due in Perry Village Court Dec. 6.

Jack R. Hutchins, 51, of Perry, was charged Oct. 28 with driving while ability impaired by drugs, and petit larceny. Hutchins matched the description of a person who allegedly stole merchandise from Dollar General and was stopped on South Main Street, Perry. During the investigation he was asked to perform a field sobriety test, which he allegedly failed. A drug recognition expert from Genesee County evaluated Hutchins and determined he was under the influence of a narcotic. He is due in Perry Village Court Dec. 6. 

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Law and Order: Castile man charged with grand larceny

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Benjamine Torres, 30, of Castile, was charged Oct. 3 with unauthorized use of a motor vehicle and grand larceny. Torres is accused of stealing a vehicle from a Hamline Avenue address in Castile. It is alleged the vehicle was taken the previous night. He was put in Wyoming County Jail on $5,000 cash bail or $10,000 bond. He is scheduled in the Town of Castile Court later this month.

Angel L. Lopez Claudio, 41, of Philadelphia, was charged Oct. 4 with aggravated unlicensed operation of a motor vehicle in the second degree, aggravated unlicensed operation of a motor vehicle in the third degree, and illegal window tint. Lopez Claudio was stopped on Route 20A, Perry, for an alleged window tint infraction. During the stop, Wyoming County Sheriff’s deputies allege he was found to have six active suspensions, including failure to answer summonses and driving while ability impaired. He was arrested at the scene and his vehicle towed. He was put in Wyoming County Jail on $2,500 cash bail or $5,000 bond. He is due in the Town of Perry Court Oct. 26.

Matthew W. Berchou, 23, of Attica was charged Oct. 7 with driving while intoxicated, refusal to take a breath test, moving from a lane unsafely, and failing to stop at a flashing red light. Berchou was stopped on Route 98 after Attica Police officers say they saw him moving from a lane unsafely and not stopping at the flashing red light at the intersection of Main and Market streets. Further investigation allegedly found him to be intoxicated. He was released on his own recognizance and due in Attica Village Court at 10 a.m. Nov. 14.

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Fire on Wethersfield Road caused $50k in damages to shop

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Seven fire departments responded to a shop fire at 4462 Wethersfield Road, Gainesville, early Sunday evening.

Crews from Gainesville, Silver Springs, Pike, Bliss, Warsaw, North Java, and Alexander fire departments were on the scene for four-and-one-half hours battling the blaze. Fire Chief in Charge was Gainesville Fire Chief Greg Lockwood, Assisting at the scene included Wyoming County Emergency Services and Wyoming County Sheriff’s deputies. Standing by at empty stations were Arcade, Perry, Castile, Varysburg, Nunda, and Fillmore fire departments.

No injuries were reported and the cause of the fire remains under investigation.

Damages from the fire are estimated at $50,000.

The shop was being used to make craft items for sale at craft shows. 

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Slideshow: Fire on Wethersfield Road in Gainesville

Wyoming County Court: Convicted rapist nets two-and-one-half years in prison

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The following were in Wyoming County Court before Judge Michael Mohun Nov. 3.

Jonathan Reed, who committed a crime in Perry, was sentenced to two-and-one-half years in prison and seven-and-one-half years post release supervision on the conviction of rape in the third degree, a Class E felony. He is also responsible to pay fees and surcharges and an order of protection was issued.

Nichole Fisher, who committed a crime in Arcade, pled guilty to attempted criminal sale of a controlled substance in the fourth degree, a Class D felony. She waived her right to appeal and paid $40 in restitution. Sentencing is scheduled for Feb. 23.

Robin Jones, who is accused of a crime in Attica, had her case adjourned to Jan. 12.

Michelle Montes, who is accused of a crime in Attica, was in court for a bail application. Bail remains at $15,000 cash or $30,000 bond.

Jerod Trebian, who is accused of committing a crime in Gainesville, had his case adjourned to Dec. 2 for a Huntley Hearing. A Huntley Hearing is a pretrial hearing in New York State and is requested for the purpose of reviewing the manner in which the police obtained statements from the defendant. An order of protection was also issued for the victim.

Leslie Luther, who committed a crime in Perry, was sentenced to five years probation and fees and surcharged for the conviction of failure to register or verify as a sex offender, a Class E felony.

Patrick Wheeler, who allegedly committed a crime in Warsaw, was in court for motions. The case has been adjourned to Dec. 8.

Tyler Malik, who committed a crime in Wethersfield, pled guilty to criminal mischief in the third degree, a Class E felony, and criminal obstruction of breathing or blood circulation, a misdemeanor. The case has been adjourned to Nov. 16 for sentencing.

Chadwick White, who committed a crime in Wyoming County, was arraigned on a violation of probation. The case has been adjourned to Dec. 2 for a violation of probation hearing. He is currently held without bail in Wyoming County Jail.

Chastity Brace, who committed a crime in Wyoming County, had her case adjourned to Dec. 2 for a Huntley Hearing. A Huntley Hearing is a pretrial hearing in New York State and is requested for the purpose of reviewing the manner in which the police obtained statements from the defendant.

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