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December 9, 2016 - 3:26pm
posted by Billie Owens in crime, news, Grand Jury, Le Roy, batavia.

Daniel J. Gilbert is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Gilbert knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Gilbert is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Gilbert or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marquis K. Saddler is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Saddler knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Saddler is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Saddler or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marlek E. Holmes is accused of the crime of criminal contempt in the second degree, a Class A misdemeanor. It is alleged that on June 23 at the Genesee County Courts Facility Holmes intentionally disobeyed or resisted the lawful process or other mandate of a court by violating an order of protection issued by Batavia City Court on Dec. 2, 2015. Holmes allegedly violated the portion of the order which directed him to refrain from communication or any other contact ny mail, telephone, email, voice-mail or other electronic, or any other, means with the protected person. In addition, he is alleged to have violated that portion of the order of protection which directed him to refrain from harassment or any other criminal offense against the protected party.

Tammy L. Strassner-Noble is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on June 18 in the Town of Le Roy, that Strassner-Noble operated a 2012 Cadillac on Main Street while knowing, or having reason to know, that her driver's license in New York was suspended, revoked or otherwise withdrawn. It is further alleged that the defendant was operating the vehicle while under the influence of alcohol or a drug. In count two, Strassner-Noble is accused of the crime of first-degree aggravated unlicensed operation on Main Street in the Town of Le Roy on April 6 and of operating the vehicle while under the influence of alcohol or a drug. In count three, she is accused of drving while intoxicated, as a misdemeanor, on June 18 on Main Street in Le Roy while intoxicated.

December 9, 2016 - 2:10pm
posted by Howard B. Owens in batavia, corfu, Pavilion, news, crime.

Brittani Louise Diaz, 18, of East Shelby Road, Oakfield, is charged with grand larceny, 4th. Diaz is accused of stealing from her employer, Walmart. Diaz, with the assistance of another employee, allegedly stole $1,500 from the store while employed as a cashier. 

Dylan James Maychoss, 20, of Snipery Road, Corfu, is charged with unlawful possession of marijuana and inadequate exhaust. Maychoss was stopped at 2:43 a.m. on East Main Street, Corfu, by Deputy Eric Meyer.

Christopher R. Stowell, no age or residence provided, is charged with driving while ability impaired by alcohol, unsafe lane change, unreasonable speed, operating in violation of restrictions and aggravated unlicensed operation, 1st. Stowell was charged in connection with an accident Sept. 6 in Pavilion. Stowell reportedly lost control of his motorcycle. He and a passenger were hospitalized for several days as a result.

Bradley Scott Baldwin, 20, of Peacefield Road, Pine City, is charged with unlawful possession of marijuana. Baldwin's vehicle was stopped for an alleged traffic violation at 2:37 a.m. Thursday on Bank Street, Batavia, by Deputy Andrew Hale.

Clint Jacob Reed, 19, Peart Avenue, Rochester, is charged with operating a motor vehicle while impaired by drugs and inadequate headlamps. Reed was stopped at 9:55 p.m. Tuesday on East Saile Drive, Batavia, by Deputy Ryan DeLong.

December 9, 2016 - 1:51pm
posted by Howard B. Owens in Salvation Army, wbta, Ken Barrett Chevrolet-Cadillac, batavia, news.

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The Salvation Army Toy Drive is underway today at Ken Barrett Chevrolet on West Main Street, Batavia.

The event is hosted by Ken Barrett and WBTA and sponsored by several local businesses.

Top photo: Lt. Rachel Moore, Colton Moore, Joan Stevens and firefighters Jerry Yoder and Adam Palumbo.

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Pete Zeliff dropped off a barrel of toys.

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Ken Barrett and Dan Fischer.

December 9, 2016 - 1:37pm
posted by Howard B. Owens in basketball, sports, pembroke, alexander.

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Pembroke pulled out a tight 44-42 win Thursday night over Alexander at Alexander.

Ried Miano scored 14 points for the Dragons. Ryan Carsdale scored 12 and Lucas Kohurst added 10.

For Alexander, Eric Scharlau scored eight and Brian George added six.

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December 9, 2016 - 1:22pm
posted by Howard B. Owens in batavia society of artists, arts, batavia, news.

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The Batavia Society of Artists opened its winter show last night at the Richmond Memorial Library.  

Brian Kemp, above, received the Best of Show award.  

In the photo below, Kevin Feary, of Batavia, explains the technique behind his second-place photo.

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December 9, 2016 - 1:10pm
posted by Howard B. Owens in H.E. Turner Funeral Homes, batavia, news.

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H.E. Turner Funeral Homes held its annual Service of Remembrance last night at Grace Baptist Church in Batavia. The candlelight service is a chance for members of the community to come together and reflect on loved ones who have passed in the previous year.

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December 9, 2016 - 11:37am
posted by Howard B. Owens in thruway, accident, pembroke, news.

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The driver of this rig walked away with only a minor injury after it overturned on the Thruway in Pembroke at about 10:40 a.m.

Photo via our news partner 13WHAM, which received it from a viewer.

December 9, 2016 - 9:58am
posted by Howard B. Owens in Don Carroll Toy Drive, batavia, news.

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Batavia chiropractor Tom Mazurkiewicz is collecting toys tomorrow for the Don Carroll Toys for Kids benefit, which will provide toys and goods to more than 60 local families this year.

From 8 to 11 a.m., residents are invited to drop off new, unwrapped toys, appropriate for children age 2 to 15, at his office. Donors will be eligible for a free chiropractic treatment that morning.

His office is located at 184 Washinton Ave., Batavia.

Mazurkiewicz, along with Brian and Beth Kemp, and Grace Baptist Church have continued the toy drive in honor of its founder, Don Carroll, who died in 2013.

Mazurkiewicz is pictured with his little helper, Gavin.

December 9, 2016 - 9:46am
posted by Howard B. Owens in City Schools, batavia, schools, education, news.

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At Tuesday's meeting, the City Schools Board of Trustees, represented its president Patrick Burk, presented a series of awards.

Above, the girls swim team is recognized for the kindness they showed to a competing team near the end of the season. 

From the presentation:

A cancelled Senior Night Meet at Wilson Magnet was made up at our home pool recently. Our girls, in an act of generosity, included their four seniors from Wilson Magnet within OUR senior night ceremony with gifts of flowers, candy, individualized recognition and a custom towel.  The honor was unexpected by their families, but greatly appreciated.

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The football team, which won a third-straight Section V title, was also honored.

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Jessica Franks and Christopher Bateman – Outstanding Staff awards.

Recently, Jessica and Christopher both stepped up to help a group of students.  They helped to come up with a logical solution to a problem and volunteered their time to see it through during the school day.  Because of their thoughtfulness and student-first thinking, students in 8th grade Algebra were able to stay current and receive quality instruction during their teacher's absence.  We would like to thank Jessica and Christopher for all their hard work and dedication to the students at BMS.

Two teachers were also honored but were not present at Tuesday's meeting:

Tammy Wiedrich – Outstanding Staff Award

Tammy Wiedrich has worked tirelessly to improve the culture at BMS. She has taken a leadership role in our P.B.I.S. system by creating valuable lessons for our students during HERO meetings. Tammy has also taken the lead to coordinate the staff donated basket raffle for the Family and Community Night, which was a huge success. Currently, she is organizing a holiday gathering for the BMS staff. We would like to thank Tammy for all her hard work and dedication to our BMS family.

Kerry McBride – Outstanding Staff Award

Kerry McBride has worked very hard to promote a culture of gratitude with our staff and students. She is an integral part of our P.B.I.S. program. She helps to organize two of our PBIS events -- "Warm The Night” and our "Giving Back" field trip in December where students make gifts during the HERO meetings for our community. Recently, she placed messages and pictures on everyone's door to make them feel appreciated. Kerry works very hard to make sure that all staff and students feel appreciated. We would like to thank Kerry for her hard work and dedication to our P.B.I.S. initiative.

Photos by Howard Owens.

December 9, 2016 - 9:10am
posted by Howard B. Owens in weather, news.

Batavia may be in the path of a lake effect snowstorm that will contain bands that drop as much as two inches of snow an hour, according to the National Weather Service.

A special weather statement has been issued for Western New York alerting residents of the potential heavy snow falling on parts of the region.

Snowfall of at least one to two inches per hour is expected.

The weather service advises, "be prepared for rapidly changing travel conditions."

Also mentioned in the statement as potential areas for heavy snowfall: Le Roy, Pavilion and Byron.

December 9, 2016 - 8:59am
posted by Howard B. Owens in Batavia HS, batavia, sports, soccer.

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Batavia's Maggie Cecere has been named to the First Team, All-State Class A girls soccer team for 2016.

Of the 11 girls named to the team, only two were from Section V.

Cecere has committed to Kutztown University where she will be a pre-med major and play for the Golden Bears, a team coming off its most successful season in program history, making it to the final four of the Division II NCAA playoffs. The team will be ranked #4 to start the 2017 season.

Her sister, Samantha, just completed her first college season as goalie for Wilkes University. She is a pre-pharmacy major.

Photo courtesy of Steve Ognibene.

December 9, 2016 - 8:38am
posted by Howard B. Owens in Deal of the Day, advertisement.

Note: If you were among the first to sign up for Deal of the Day back in August, you might now be eligible to purchase again some of your first gift certificate purchases. Check your account page to see what you are eligible to buy.

Reminders of how the new Deal of the Day program works:

  • To make purchases, you must be registered. This is its own registration system, separate from the main registration for The Batavian.
  • Once registered you must be logged in.
  • You click on the orange button, if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
December 8, 2016 - 4:45pm
posted by Mike Pettinella in news, Ellicott Station, Batavia Develoment Corp..

The Batavia Development Corp. and Buffalo developer Samuel Savarino received the news they have been waiting for today when the Finger Lakes Regional Development Council announced the release of $1.9 million in funding for the Ellicott Station project on Ellicott Street in the City of Batavia.

“This is fantastic for Ellicott Station, phenomenal for the City of Batavia, but what is really great is that the governor (Andrew Cuomo) and the regional leaders believe that we can transform Batavia, and they’re ready to help us do that,” said Julie Pacatte, BDC coordinator.

The $1.9 million Consolidated Funding Application grant is the second-largest award of this round of funding in the Finger Lakes Region – surpassed only by the $2 million awarded to the Sibley’s project in Rochester.

Gov. Cuomo announced that more than $700 million in economic and community development funding was awarded today to the state’s 10 regional councils through Round VI of the Regional Economic Development Council initiative.

In the press release from the governor’s office, he said that “through the Regional Economic Development Councils, we have replaced the ‘one-size-fits-all’ approach to economic growth with a ‘ground-up’ strategy that focuses on cooperation and investing in regional assets to generate opportunity.

“By bringing together ideas from local government and community leaders with state resources, we are giving these councils the tools to create jobs and drive economic activity in their communities for generations to come.”

Rachael Tabelski, marketing director for the Genesee County Economic Development Center, applauded the news, adding that the support of FLREDC Co-Chairs Anne Kress and Danny Wegman gives the city a strategic edge.

“It’s a major, major project for downtown Batavia that is going to transform everything, and the backing of the regional co-chairs ensures that this project will happen, and happen on its full scale,” she said.

Other project awards coming to Genesee County include:

-- $150,000 to Sysco (Western NY Depot) to clear land and build a facility to house delivery management for distribution services;
-- $96,000 to Genesee County Chamber of Commerce (Haunted History Trail of NYS, 2017 initiatives) to conduct a conversion/economic impact study for the haunted history trail, the first and only statewide paranormal tourism trail in the United States;
-- $47,500 to Genesee County (Genesee County Housing Needs Assessment) to complete a housing needs study;
-- $50,000 to City of Batavia to complete a stormwater capital plan;
-- $25,000 to the City of Batavia (Downtown Batavia Healthy Living Campus) for a feasibility study for a comprehensive, multipurpose health campus downtown;
-- $12,500 to the Batavia Business Improvement District (Downtown Batavia Public Market Study) for an assessment and conceptual market master plan for sites in downtown Batavia.

Pacatte noted that the Healthy Living and Public Market grants are for areas within the Batavia Opportunity Area that her agency has been focusing on for redevelopment.

“Both initiatives are BOA-centric, and will improve the core – the civic center – of our county,” she said.

As far as Ellicott Station is concerned, three weeks ago Savarino provided an update to City Council, and specifically mentioned that the CFA grant that came through today along with a $500,000 Restore NY grant and new market tax credits were essential to making the project work.

Savarino’s plan is to convert the former Santy's Tire Sales and Soccio & Della Penna Construction sites a mixed-use, commercial/retail/residential complex.

The project is expected to cost around $17 million. 

December 8, 2016 - 12:03pm
posted by Howard B. Owens in budget, genesee county, news.

Assuming the County Legislature passes its proposed 2017 budget next week, it will contain the largest property tax increase in recent memory, taking the rate from $9.86 per thousand to $10.07 per thousand of assessed value.

Nobody likes a tax increase, Ways and Means Chairman Bob Bausch noted after Wednesday's committee meeting where the new proposed tax rate was announced, but a 2-percent increase is far more manageable for most people than a 4- or 5- or 6-percent increase, all of which were on the table at one point during the budget talks over the past couple of months.

To get the rate down to $10.07, from a proposed rate of $10.25 a week ago, the Legislature had to come together on a proposal to withdraw another $500,000 from reserve funds -- a total of $1 million out of reserves --to balance the general fund.

The total property tax levy will be $28,969,114, a 2.13-percent increase over last year, which will require the Legislature to override the state's tax cap on levy increases.

It looks like Ray Cianfrini, the chairman of the Legislature, will be the sole dissenting vote on the 2017 budget. He thinks the tax rate can be lower. He thinks the county can afford to withdraw more money from the reserve to help keep the tax rate down.

"The budget being presented is a better budget than we had a week ago, but, again, I'm not going to support it," Cianfrini said.

Over the past dozen years, the county has not calculated into its projected revenue the proceeds of properties sold at the annual tax lien auction.

The count doesn't tally this up as anticipated revenue because it's so unpredictable. One year, the county brought in an extra $400,000 from the auction, but another year it was down to only $7,000 in revenue.

However, Cianfrini said, the average is $142,000. He would like the county to budget for at least some level of revenue from the auction.

Cianfrini is also concerned the county in its budget planning is not giving enough credit for the coming cost savings from the sale of the Genesee County Nursing Home and the boost that will give to the reserve fund balance.

After spending $1 million from the reserve, the county will have a fund balance of $7.7 million. The anticipated net proceeds from the nursing home sale will be more than $6 million, giving the county a fund balance in excess of $14 million.

That's a record amount, Cianfrini said.

"The fund balance is still taxpayer money," Cianfrini said. "It's money we collected from taxpayers and didn't spend. Whenever we have the opportunity, we should give that money back to the taxpayers."

No members of the Ways and Means Committee responded to Cianfrini during the meeting and the resolution to recommend budget approval to the full Legislature passed 4-1.

After the meeting, Bausch said he isn't comfortable counting on any amount of money coming from the sale of Nursing Home until all of the bills related to the sale are paid, which won't happen for another eight or nine months.

"At some point, we will know what those final numbers are," Bausch said. "We have made a significant commitment to our constituents to use that money for roads and bridges. Yes, there is a discussion to be had (about what to do with the money), but we're not anywhere near ready for that discussion."

December 8, 2016 - 7:49am
posted by Mike Pettinella in news, sports.

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IT LOOKS AS THOUGH E.J. Tackett has become the next “big thing” on the Professional Bowlers Tour.

For more about Tackett's exploits at this week's PBA World Series of Bowling, and to get caught up on the local bowling scene -- including Batavian Rich Wagner's appearance on "Beat The Champ" this weekend, click here for the latest Pin Points by Mike Pettinella.

December 8, 2016 - 7:14am
posted by Howard B. Owens in Notre Dame, basketball, sports, elba, news.

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In their first meeting of the season, Notre Dame prevailed Wednesday night at home over archrival Elba, 43-34.

Margaret Sutherland led all scorers with 21 points and Calli McCulley added 16 for Notre Dame.

For the Lancers, Emily Reynolds scored eight and Madison Howard scored 6.

It was the first win for new Head Coach Tom McCulley.

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December 8, 2016 - 6:56am
posted by Howard B. Owens in Deal of the Day, advertisement.

Note: If you were among the first to sign up for Deal of the Day back in August, you might now be eligible to purchase again some of your first gift certificate purchases. Check your account page to see what you are eligible to buy.

Reminders of how the new Deal of the Day program works:

  • To make purchases, you must be registered. This is its own registration system, separate from the main registration for The Batavian.
  • Once registered you must be logged in.
  • You click on the orange button, if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
December 7, 2016 - 10:33pm
posted by Mike Pettinella in news, town of batavia, comprehensive plan.

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Updating the Town of Batavia’s Comprehensive Plan that will guide its decisions on zoning, capital improvements and budgeting has turned into a balancing act – a lengthy process that pits the desire to promote commercial development against the need to protect its valuable natural resources.

That was the viewpoint of Town Engineer Steven Mountain as he spoke to about 25 people who attended a public informational meeting on Wednesday night at Town Hall on West Main Street Road.

Mountain, responding to an impassioned plea by town resident Mary Martha Webster to keep the “rural” feel of the community, said town officials – in conjunction with independent environmental planners – are “trying to take a harder look at that (preserving natural resources and the land).”

“The development pressure is there; we’re trying to balance it,” Mountain said. “This is really the first time we’ve taken that approach.”

Webster apparently took exception to a segment of the presentation by Barbara Johnston of LaBella Associates Inc., a Rochester engineering, planning and consulting firm, who has been assisting the Town in its Comprehensive Plan update and with the Green Genesee/Smart Genesee initiative – the latter a grant-funded scientific approach that connects the natural environment and business growth.

“All I have heard is development, development. I moved to a rural area. This is not what I want, this is what you want, Greg,” Webster said, directing her comments to Town Supervisor Gregory Post. “You’re making the Town of Batavia into the City of Batavia.”

Following Mountain’s response, Johnston added that the team charged with updating the Comprehensive Plan is “trying to build it with a natural resource base and agricultural base.”

Daniel Lang, the Town’s code enforcement officer, said the goal is not to expand the amount of land available for commercial development but to “place stricter guidelines for developers (by) looking at consequences to natural resources.”

“We will be setting more limitations … criteria (that developers would have to follow) that would be sent to the planning board for complete review,” he added. “It will add an extra step of protection for the environment … and will keep it rural.”

Mountain agreed, stating that the Town “wants to be on the forefront, (able) to dictate to developers that if you want to come here, you will build to these standards.”

Johnston, in her PowerPoint presentation, explained that the Comprehensive Plan -- a blueprint for zoning and code design for the next 15 years or more -- addresses key issues such as land use, natural resources, agriculture and farmland, parks and recreation, housing and residential neighborhoods, business and economic development, transportation and energy, and government services and budgeting.

The Comprehensive Plan team, which also includes Sheila Hess of CC Environment & Planning, of East Bethany, and Matt Ingalls of Ingalls Planning & Design, of Fairport, has reviewed existing studies in these areas, and has set the following goal: Balancing natural, agricultural and rural landscapes with residential, commercial, industrial and institutional development.

“The keystone of the entire plan in general is the land use map (which defines the different zones and shows areas that are best suited for development),” Johnston said.

She noted that their research has led to a projection that the Town has another 1.5 million square feet of land that lends itself well to future development (currently 2.7 million square feet has been developed in that manner). She also said their model calls for an additional 500 or so housing units.

The Comprehensive Plan committee also is analyzing the Town’s budget, Johnston said, to gauge the plan’s financial impact. She showed a slide that revealed that 62 percent of the Town’s revenue is derived from taxes paid by homeowners.

Post said he expects that number to decrease in a couple years when some of the payment-in-lieu-of-taxes (PILOTS) granted to large commercial ventures start to come off the books, and those businesses begin to pay more in taxes.

All involved stated that Wednesday’s meeting is a step in the process, which could go on for another few months.

A public hearing is scheduled for 7 p.m. Dec. 21 at Town Hall. Depending upon the feedback, changes could be made, pushing the plan’s adoption to the spring.

“This is not the first or the last of these meetings and this is not a slam dunk,” Post said. “But if you don’t have a plan, change occurs anyway. It’s our kids and our grandkids that we’re looking out for.”

Photo -- Barbara Johnston, left, and Daniel Lang address some of Mary Martha Webster's concerns following Wednesday night's Comprehensive Plan Update presentation at Batavia Town Hall. Photo by Mike Pettinella.

December 7, 2016 - 6:37pm
posted by Howard B. Owens in crime, batavia, news.

Jacquetta Simmons made it to court today, and despite a recommendation from her new attorney that she be sent to anger management classes, she was sentenced to 15 days in jail on her misdemeanor harassment conviction.

Previously, Simmons admitted to having physical contact with a 55-year-old woman at a church event in 2014.

City Court Judge Durin Rogers said he didn't think SImmons was a good candidate for counseling given her criminal history and lack of remorse.

According to a pre-sentence report, as discussed in court, Simmons blamed the victim for the altercation in 2014.

A week ago, Simmons failed to appear for her sentencing and her attorney at the time, Ann Nichols, asked to be removed from the case.

Public Defender Jerry Ader represented Simmons in court today.

Simmons made national headlines in 2011 when on Christmas Eve, while shopping at Walmart, she delivered "a roundhouse punch" to an older woman who was working as a cashier that day. The victim had asked to see a receipt from Simmons for prior purchases that Simmons brought with her when she came through a checkout line for a second time. 

The case went to trial and Simmons was convicted by a jury of a felony assault charge. She was sentenced to five years in prison, but an appellate court overruled the sentence and the sentence was reduced to a year in jail.

(Via our news partner, WBTA.)

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