batavia

Leaders of Western Regional Off-track Betting Corp. are lining up support to turn Batavia Downs into a full-service casino and they took their case to the Genesee County Legislature on Wednesday.

In a meeting with the Ways and Means Committee, three representatives of Batavia Downs told the committee that getting Genesee County's support for the plan is crucial to lining up support from the other 15 counties that co-own Western Regional OTB.

"You're the key," said Mike Nolan, VP of administration for Western Regional OTB and Batavia Downs. "You're the host county and the place where we live. You gain the most to benefit from what happens at Batavia Downs. We're hoping you can be the leader so we can go to the other municipalities and say we have your support."

The committee unanimously approved a resolution supporting Batavia Downs becoming one of the nine racing facilities in New York to offer table games along with slot machines.

Legislator Mary Pat Hancock said she isn't fully supportive of Gov. Andrew Cuomo's push to legalize casino gambling across the board in New York, but she could support this resolution because it limits gaming to just the existing racing and video-terminal facilities (often called "racinos").

The earliest Batavia Downs could offer table games -- such as blackjack and poker -- would be January 2014.

For that to happen, the current State Legislature and the next one seated must approve a constitutional amendment to legalize casinos, and then the amendment would be voted on in a statewide referendum.

During the process, state lawmakers would need to also pass enabling legislation that would government how the casinos are run.

If all of that could happen by November 2013, then Batavia Downs could start offering new games and begin construction expanding the existing facilities -- creating 1,000 construction jobs and leading to more than 400 new full-time jobs at the casino.

Nolan (top photo), who met with the committee along with Mike Kane, president and CEO, and OTB Board Member Richard Siebert, said there is still opposition from Senecas, but that is an issue for the governor's office to deal with. In the meantime, Batavia Downs needs to line up its own support and make its own plans in the hope that casino gambling is approved in New York.

City Fire Department is responding to Dollar General at 577 East Main St., Batavia, for the report of the smell of electrical burning inside the store.

UPDATE 7:07 p.m.: City fire clearing the scene and responding to a medical call. Power has been shut off and maintenance called in.

A car-into-pole accident is reported at 147 Bank St. in the City of Batavia. Unknown injuries. City firefighters and Mercy medics are responding. The location is between North and Washington avenues.

A third suspect accused of stealing the wallet in September of a United Memorial Medical Center employee is in custody, the Batavia Police Department announced today.

Held without bail is Keith S. Carter, 29, of 5 Stuntz St., Rochester.

Previously arrested were Brianne K. Alston, 18, and Kiara K. Asante, 21, both of 478 Tremont St., Rochester.

The trio is accused of coming to Batavia Sept. 11, entering UMMC and taking a wallet from the purse of a UMMC employee and then trying to use a credit card they found inside at local stories.

Carter was already being held in the Monroe County Jail.

The three Rochester residents are suspected of perpetrating similar heists in other hospitals.

All three are charged with forgery, 2nd, criminal possesion of stolen property, 4th and 5th, and attempted petit larceny.

Previously:

• Woman accused of stealing employee's purse at UMMC in September
• Three people accused of stealing wallet, using credit card

Michael A. Nicometo, 27, of 37 Lake St., Le Roy, is charged with four counts of criminally possessing a hypodermic instrument and one count of criminally using drug paraphernalia, 2nd. Nicometo was allegedly found in possession of the instruments after police and EMS responded to his residence for a report of an unresponsive male.

Cheri Monea Patterson, 19, of Cottage Street, Lockport, is charged with petit larceny. Patterson is accused of stealing $45.46 in merchandise from Kmart.

Ryan N. Bartholomew, 18, of Adams Street, Batavia, is charged with two counts of petit larceny. Bartholomew is accused of shoplifting from Kmart.

Rebecca Jean Viedeffer, 43, of Franklin Street, Batavia, is charged with petit larceny and criminally possession of stolen property. Viedeffer is accused of stealing two official 2012 NYS trailer inspection stickers and possessing them in the Town of Pavilion.

Apparently, the citizens of Batavia don't object to a 2.4-percent increase in property taxes.

Monday night, the city council conducted a public hearing on the proposed 2012/13 budget and only one person showed up to make a statement.

That person was John Roach, who suggested that the $2,500 set aside for GO-ART! be redirected to the Veterans Memorial Fund.

Roach also thought the city was dipping too much into its reserve funds in this budget.

Otherwise, crickets.

The council will vote on the budget Feb. 17.

A water-rate increase got even less public attention. The public hearing for that budget proposal had no speakers.

The plan calls for the average customer to pay $13.50 more annual for city water.

Barry R. Robinson, 29, of 16 Park Ave., Brockport, is charged with promoting prison contraband, 1st, unlawful possession of marijuana, DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, failure to stop at a stop sign, failure to keep right, unsafe tires and unlawful possession of marijuana. Robinson was arrested at 1:54 a.m. Sunday on Clinton Street by Officers Darryl Streeter and Marc Lawrence following an accident in which Robinson apparently lost control of his vehicle and drove off the roadway. Robinson's driver's license allegedly had 19 prior suspensions. He was jailed on $2,000 bail. At 8:29 p.m., Sunday, while in the Genesee County Jail, Robinson was allegedly found in possession of six bags of marijuana in his sock and underwear. Investigators said the marijuana appeared to be packaged for sale. Robinson is scheduled to reappear in Batavia City Court at 1:30 p.m., Tuesday.

Paul Hipolito Colon, 29, of Marne Street, Rochester, is charged with possession of untaxed cigarettes and failure to stop at stop sign. Colon was stopped at 9:31 a.m. Friday on Akron Road, Pembroke, by Sgt. Brian Frieday for an alleged traffic violation. Colon was allegedly found in possession of 400 untaxed cigarettes.

Delmus M. Holton, 35, of Clinton Street, Rochester; Preston L. Lawrence, 38, of Afton Street Rochester; and, Ray M. Little, 49, of Langham Street, Rochester, are charged with trespass. At 10:56 a.m. Friday, a resident in Bergen reported seeing a suspicious vehicle in the area of 7427 Clinton St. Road, Bergen. The vehicle was located, parked off the road, across the street from Demo's Truck Parts. The three men allegedly entered the Demo's property without permission. (Initial report)

Jason M. Norton, 39, and Michelle T. Norton, 51, of 7198 Pekin Road, Oakfield, are charged with trespass (both), disorderly conduct (Jason only) and resisting arrest (Jason only). The husband and wife duo were arrested following an alleged incident at a West Main Street business.

A 17-year-old resident of Le Roy is charged with petit larceny, criminal possesion of stolen property, 5th, and burglary, 3rd. The youth was arrested Saturday morning after Le Roy PD received a report of a person going through several vehicles in the parking lot at 18 Genesee St., Le Roy. The youth was apprehended following a brief foot chase. Property was found at the scene and Le Roy PD is asking anybody who may have missing property to contact the police department. Le Roy PD did not release the name of the suspect.

Timothy James Ziminski, 19, of Walden Street, Batavia, is charged with criminal possession of stolen property, 5th, and displaying forged inspection certificate. Ziminski was allegedly found to have a forged and stolen inspection sticker on his vehicle.

A car has crashed into a tree at 5018 Clinton St. Road near Terry Hills Drive. Because the Town of Batavia's fire crews are working a structure fire, a unit from Bethany is called to the scene, along with Mercy medics. A person is complaining of back pain.

UPDATE 11:42 a.m.: One person was transported to UMMC Strong Memorial Hospital in Rochester.

(Pictured are the Smiths, from left, Michelle, Alex, Tom and Matt.)

Tom Smith has a simple goal: To be known as -- "The Sub King of Batavia."

Smith, with help of his brother, Matt, and wife, Michelle, opened New York Subs and Deli at 234 Ellicott St., Batavia, on Friday.

It's a shop that Smith has been planning for 20 years.

He said he always felt he couldn't get a good sub outside of Rochester, and he thought, "I can do that, too."

"There's an art form to a good sandwich and I've mastered the art form," Smith said.

There's at least one convert in Batavia -- a local resident stopped into the shop this afternoon to report back that he and his wife were duly impressed with the subs they had just eaten for lunch.

"I'll definitely be back," the customer said.

Smith said he spent a lot of time traveling to Rochester, buying subs, bringing them home and deconstructing them -- measuring out every ingredient.

Besides getting the amount of ingredients right, the other secret to a great sub is fresh bread, meat, cheese and vegetables.

"I figured out what they were doing and how to make some improvements," Smith said.

Liz, 13, was downtown with her mother this afternoon in her fine winter hat she bought at JCPenney.

It was a bit like winter in Batavia today, with a couple of inches of snow falling so far.

More snow is on the way, with less than an inch expected overnight, but then tomorrow, three to five inches is expected, some of it in "squalls," with winds up to 20 or 30 mph.

Today's weather seems to have contributed to more than a half dozen, or more, property damage and minor injury accidents around the county.

Maddie, 8, on the left, with Maranda, 9, and Tess, 9, decorate cookies this afternoon at the Holland Land Office Museum.

The Valentine's-themed event was put together by Tonisha Price, owner of Sweet Ecstasy Baker in Stafford.

Children were invited to HLOM throughout the afternoon to decorate heart-shaped cookies.

Below, Tess with her cookie.

Funeral services for Alyce M. Huntoon, the 24-year-old Batavia woman who died under undetermined circumstances Wednesday night, will be at 10 a.m., Monday, Grace Baptist Church.

Huntoon, originally from Elba, leaves behind two small children, Ava and Maddox. She was a 2005 graduate of Batavia High School.

From her obituary:

She was a secretary at Zirbel Automotive and had just begun working part time at Tully's. A shy, family oriented person, Alyce had a great love for her family and her world was being a mommy to her sweet babies, Ava & Maddox. She loved holidays, baking, family dinners and family traditions.

Calling hours are today from 6 to 9 p.m., and Sunday, from 1 to 4 p.m. and 6 to 9 p.m. at Michael S. Tomaszewski Funeral & Cremation Chapel, 4120 West Main Street Road, Batavia.

Previously: Batavia woman's cause of death not yet known

A caller reported seeing people trying to break into a house and an RV at or near 23 Central Ave. in the City of Batavia. There are three suspects being sought, one of whom was seen wearing a red hoodie. They were last spotted walking eastward on Ellicott Street.

No students were hurt today when an Elba school bus on Union Avenue, Batavia, swerved off the road and into a fence surrounding Notre Dame High School's football field.

There were 16-18 students on the bus, all Elba residents who attend Notre Dame.

Sgt. John Peck said the driver apparently suffered a medical condition, though he is being cited for alleged failure to keep right.

Jeanine Lynn Calice, 39, of Summit Street Road, Le Roy, is charged with three counts of burglary, 2nd. Calice is accused of entering a home on Creek Road on three separate occasions to steal items while the residents were on vacation. Calice allegedly entered the residence Dec. 24, Dec. 25 and Jan. 2.

Brian T. Cole, 33, of Route 262, Elba, is charged with criminal mischief, 3rd. Cole is accused of damaging a vehicle while it was parked at Batavia Downs.

Daquan Jamar McGrew, 19, of Palnet Street, Rochester, is charged with trespass. McGrew was allegedly at College Village after being banned from the property.

Michael Thomas Martinez, 27, of Orient Street, Medina, is charged with DWI, driving with a BAC of .08 or greater, criminal contempt, 2nd, aggravated unlicensed operation and speeding (51 mph in a 40 mph zone). Martinez was stopped at 1:58 a.m., Feb. 5, on Lewiston Road, Batavia, by Sgt. Thomas Sanfratello.

Investigators have no clear understanding yet of how or why Alyce Huntoon, 24, of Batavia, died Wednesday night.

Monroe County medical examiners conducted an autopsy today, and according to Chief Randy Baker, "found no obvious sign of physical injury that resulted in her death."

There were injuries to her body that were consistent with medical personel trying to revive her, Baker said. Otherwise, her body suffered no physical trauma.

An unnamed city resident, Baker said, reported finding an unresponsive female in a parked car at 427 E. Main St., Batavia, at 10:30 p.m.

City fire, Mercy EMS and police officers responded to the scene.

Huntoon was transported to UMMC where she was pronounced dead.

The medical examiner's office will complete toxicology tests, but investigators will need to wait for up to three months for results.

Meanwhile, Det. Pat Corona said investigators will continue to question people who may be able to shed light on who Huntoon had contact with, what she was doing and what was going on in her life.

Corona called the investigation a "death investigation."

Huntoon was most recently employed at Tully's and did work Wednesday night.

Baker would only say that the person who called 9-1-1 was "a city resident."

The chief acknowledge there weren't a lot of details to report and said, "We're trying to give out accurate information," and he was careful not address specific aspects of the investigation.

"We've talked to several different people who may have had contact with her last night," said Baker, when asked about questioning a specific person.

In her Facebook profile, Huntoon wrote:

Having fun with life and being a mommy! spending my time with ppl that make me smile:-) bound and determined to smile and laugh everyday!

I am a momma of two beautiful babies Ava and Maddox! I try to spend my time with ppl that make me happy! i am determined to live a happy and fun filled life with the people that make me smile everyday!

A women was found unresponsive in a vehicle in a parking lot at 10:30 p.m., Wednesday and later pronounced dead, accounting to Batavia PD.

An autopsy is expected today to determine the cause of death and an investigation is ongoing.

Mercy medics and city firefighters responded to 427 E. Main St. on the initial call.

The 24-year-old woman was transported to UMMC were she was pronounced dead.

Police expect to release more information today.

The woman's name has not been released pending family notification.

A conspiricy to commit murder charge was dropped today against Derick Barker, 26, of Georgia, as part of a plea deal that had him admit to two felony charges.

Barker, who first made the news for running across the Thruway last June in an attempt to evade police, admitted to criminal possession of a controlled substance and criminal strangulation.

When Barker was first arrested, he was taken into custody along with his brother Justin, 22, and Benjamin Santiago Jr., 22.

In September, the brothers were accused of a plot to murder Santiago. In January, Justin Barker entered a guilty plea to the conspiracy charge.

A short time later, Derick Barker was charged with strangulation for choking a fellow inmate in the Genesee County Jail.

For the drug and strangulation charges, Barker faces up to eight years in prison. He will be sentenced in April.