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POLICE & COURTS

>Man found dead in fire in his Batavia apartment

BATAVIA -- A man was killed in a fire early Thursday morning in a second-floor apartment in the City of Batavia, fire officials said.

Firefighters responding to a 3:08 a.m. alarm at 5 Dellinger Ave., near West Main Street, searched the second-floor apartment and found the man's body in the bedroom. His name has not been released.

Four occupants in the first-floor apartment were evacuated after being alerted by firefighters.

Fire officials said both apartments had multiple working smoke alarms. A passer-by reported the fire after smelling smoke and hearing a smoke alarm in the area.

Damage was estimated at $20,000.

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>Portville man indicted in March 16 DWI case

LITTLE VALLEY -- Portville man will be arraigned Monday in Cattaraugus County Court after being indicted on charges of driving while intoxicated.

Jason Mooney, 23, of Portville-Olean Road, also was charged with driving without a license and failure to keep right; he was arrested March 16 in the City of Olean.

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>Motorcyclist in crash is critically injured

BYRON -- An Elba man was critically injured at about 3:30 p.m. Wednesday when he was ejected from his motorcycle, Genesee County sheriff's officials said.

Thomas M. Legler, 49, of North Byron Road, was listed in guarded condition in Strong Memorial Hospital, Rochester. Deputies said he was westbound on Swamp Road and lost control on a curve.

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>Man charged with DWI refuses breath test

A Depew man who was arrested early Thursday on a charge of driving while intoxicated refused to submit to a breath test, Erie County sheriff's deputies said.

Deputy Kristin Rozycki, while on routine patrol, observed a vehicle traveling at a high rate of speed and going through a red light in Elma at about 1:40 a.m., sheriff's officials said.

Gregg Varisco, 37, who also was charged with several traffic infractions, was in the Erie County Holding Center in lieu of $250 bail.

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>Falls fight victim dies as result of head trauma

NIAGARA FALLS, Ont. -- A Saskatoon, Saskatchewan, man who was assaulted in a fight Saturday in Niagara Falls died Tuesday as the result of head trauma, Niagara Regional Police reported.

Connery Wintonyk, 40, died at about 5 p.m. Tuesday. Wintonyk was seriously injured during the 12:15 a.m. fight on Centre Street near Ellen Avenue, police said.

He was taken to Greater Niagara General Hospital, then transferred to Hamilton General Hospital, where he was listed in critical condition until his death.

Police are continuing to investigate the circumstances that led to Wintonyk's death.

Anyone with information is asked to contact Detective Sgt. Budd Rung at (905) 688-4111, Ext. 2106.

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>Buffalo man gets 19 years in asphyxiation of wife

A Buffalo man was sentenced Thursday to 19 years in prison for killing his wife, Akia, 28, in their Vermont Street home last January.

Akhmed K. Burnell, 33, said he regretted his actions, which he said were accidental, during the heat of an argument. His wife died of asphyxiation.

Burnell previously pleaded guilty to a reduced charge of first-degree manslaughter after an Erie County grand jury indicted him in April on one count of second-degree murder.

After he was sentenced, several relatives of the victim denounced Burnell, saying Akia Burnell was so badly brutalized the family had to have a closed-casket funeral. The relatives also noted that he hid the woman's body in a closet.

Prosecutor Gary Hackbush said police discovered the body after they responded to a call that Akhmed Burnell suffered a drug overdose.

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