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POLICE & COURTS

Alcohol involved in fall that resulted in head injury

LE ROY -- A 34-year-old man suffered a head injury Wednesday night when he fell off a cliff in Le Roy while attempting to hand a case of beer to someone standing below him, according to Genesee County sheriff's deputies.

Brandon C. Smart, of Batavia, fell approximately 40 feet from the top of Buttermilk Falls to a cliff halfway down, deputies said.

It took rescuers more than two hours to get him and Michael C. Hayes, 24, of Rochester -- who had scaled down the cliff to help Smart -- back to safety.

Smart was taken by ambulance to Strong Memorial Hospital in Rochester for treatment of a head injury and cuts to his body. His condition was unavailable Thursday.

The fall was reported shortly before 7 p.m., deputies said. Investigators determined that Smart lost his balance while trying to hand a case of beer to someone who had climbed part way down the cliff.

Alcohol was a factor in the accident, deputies said.

Hayes and six others were charged with trespassing because the property along Oatka Creek is privately owned. They were issued tickets to appear July 16 in Le Roy Town Court.

Charges are pending against Smart, deputies said.

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Olean man guilty of raping, sodomizing girl, 10

LITTLE VALLEY -- A Olean man has been convicted of raping and sodomizing an 10-year-old Olean girl.

Wayne Irvin, 35, was found guilty after a two-day jury trial before Cattaraugus County Judge Larry Himelein of first-degree rape, first-degree criminal sexual act, first-degree sexual abuse and endangering the welfare of a child.

Irvin is accused of raping the girl Aug. 15. He has been in custody since his indictment last December and was sent the county jail pending his Sept. 4 sentencing.

District Attorney Lori P. Rieman credited the work of Olean Police Capt. Michael Marsfelder and Sgt. Ronald Richardson and the collaborative efforts of the Southern Tier Advocacy Center and the county's Child Protective Services agency with playing major rolls in the case.

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Fatal seven-story fall still being investigated

BATAVIA -- The death of William Hastings, who fell seven stories Tuesday out of an apparently open window at the 400 Towers, an East Main Street apartment building, remains under investigation by city police.

Police stressed Thursday that nothing criminal seems linked to the death of the 52-year-old man. Witnesses questioned about the 3 p.m. incident heard no sounds of distress coming from inside the apartment from which Hastings fell, police said.

Surveillance cameras indicated Hastings was alone in the apartment at the time of the incident, prompting police to describe the fall as either an accident or a suicide. Hastings' body was sent to the Monroe County Medical Examiner's office for an autopsy and tests.

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Failure to clean up debris gets man 7 months in jail

LOCKPORT -- The owner of the former Peters Dry Cleaning shop at 316 Willow St. was sentenced Thursday in Lockport City Court to seven months in the Niagara County Jail after he was found guilty of a housing code violation for failing to clean up the remnants from a collapse of the building last December.

The owner, Patrick McFall, told the court he could not afford the cleanup cost. He said drilling at the site by a company working for the state Department of Environmental Conservation may have caused the walls to buckle in the 30-by-40-foot cement block room that collapsed Dec. 15.

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3 Falls, Ont., residents accused of drug trafficking

NIAGARA FALLS, Ont. -- A city man was arrested Wednesday by the Niagara Regional Police Service and accused of heroin trafficking. Two others were charged with aiding him.

During a search Wednesday of a Barker Street residence, Jason Antoine, 42, his wife, Arlene, 43, and Stuart Kelly, 23, were arrested, police said. Officers reported finding about $900 worth of heroin and an undisclosed quantity of cash.

Jason Antoine was charged with trafficking heroin and possession of heroin for the purpose of trafficking, as well as possession of proceeds of crime. He was being held Thursday pending a bail hearing.

Arlene Antoine and Kelly were both charged with possession of heroin for the purpose of trafficking and possession of proceeds of crime.

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Fourth arrest made in golf cart attacks

PORT COLBORNE, Ont. -- Niagara Regional Police detectives Thursday announced the arrest of a fourth suspect in a May 20 attack on four people using golf carts to drive through roads inside Sherkston Shores here.

Mitch Kinnaird, 21, of Hamilton, was charged with theft of a motor vehicle and possession of a controlled substance. Three suspects were arrested earlier in the case.

Officials said the physical confrontion on the four resort customers sent one of the victims, a 26-year-old man, to Welland County General Hospital with serious injuries.