Jacquetta Simmons need only serve one year in jail for punching a Walmart cashier on Christmas Eve, 2011, according to a ruling issued by the the Appellate Division, Fourth Judicial Department, NYS Supreme Court.

The court, in a unanimous decision, found that the five-year prison sentence handed down by Judge Robert C. Noonan on Nov. 14, 2012, was "unduly harsh and severe under the circumstances of this case."

District Attorney Lawrence Friedman said he's disappointed in the decision.

"We felt Judge Noonan's sentence was appropriate," Friedman said. "I thought it was well reasoned. It may have happened before, but I don't recall a sentence of his being reversed in his 17 years of being a judge."

The ruling means Simmons, who became a mother to her first child shortly after an appellate judge stayed her sentence in 2012, is saved from serving any further state prison time. The one-year sentence, likely to be reduced to eight months on good behavior, will be served in a county jail.

That's disappointing, Friedman said, but most importantly, the court upheld the jury's conviction of Simmons.

Attorneys for Simmons argued to the court that the jury's verdict flew in the face of the evidence presented at trial. With a dissent from Justice Rose H. Sconiers, the court upheld the jury conviction.

The jury could reasonably conclude, ruled the majority upholding the conviction, that based on the testimony and video evidence presented, that Simmons did intentionally punch Grace Suozzi.

Sconiers wrote in her dissent that she didn't believe the evidence supported that conclusion, but rather the video supported the defense contention that somebody behind Simmons had grabbed her arm and that she swung away causing her to accidentally strike Suozzi.

Friedman said he was surprised by the dissent and found it baffling.

The Batavian has no means to contact attorneys for Simmons on a Saturday for comment.

In the majority on the conviction, and joining Sconiers in reducing the sentence, were justices Henry J. Scudder, John V. Centra, Stephen K. Lindley and Joseph D. Valentino.

The case is remitted to Noonan's court for formal sentencing. No date has been set yet for re-sentencing and Simmons remains free in the meantime.

The sentence reduction is a real disservice to the victim and her family and the community, Friedman said.

"Having gone through this and seeing the impact this had on Mrs. Suozzi, her family, a lot of people in the community who knew her and cared about her -- all of that is something that is lost in the appeal process," Friedman said. "It's one punch, but more than the physical harm is the emotional harm. It really affected her life as far as her ability to return to work and go out and about. She's a very nice lady and this sentence doesn't do her justice."

The Batavian first broke the story of the Simmons case in 2011. For a complete archive of our coverage, click here.

A one-vehicle rollover, unknown injuries, is reported on the westbound Thruway at mile marker 386.6. Mercy medics and Town of Batavia firefighters are responding.

UPDATE 7:51 p.m.: There are two occupants. Both are sign-offs.

The Batavia Mites Firland Flyers Hockey Club played in a three-day tournament in Greece recently and went undefeated to win the team's division. The Flyers participation in the tournament was only possible because of a generous donation by the City of Batavia Professional Firefighters Association. To show their appreciation, the Flyers and their coaches wanted to pose for a picture with members of the firefighters association.

Press release:

The driver of a truck hauling an out-of-service Mercy Flight helicopter apparently hit a slick spot on the road and lost control of the truck, causing the trailer to roll over.

The helicopter was heavily damaged when it rolled off the trailer.

"It's just property damage," said Mercy Flight's CFO Margaret Ferentino. "That's the good news. Thank goodness, no one was hurt."

The helicopter was taken out of service in 2011 and had been sold to a company in Australia. It was being hauled to Canandaigua for repainting.

Most of the components had been removed to prepare it for repainting, Ferentino said.

Based on pictures from the scene, Ferentino said it appears the helicopter was totaled in the accident, but it will be assessed when it's returned to Mercy Flight's base in Buffalo.

The accident was reported at 10:38 a.m. in the area of mile marker 402, which is just west of the Pembroke toll plaza.

Photo: Courtesy NYSP Public Information Officer, Troop A, Trooper Victor Morales.

Jim Fasano was out clearing away the snow around Ascension Parish Church on South Swan Street this morning.

Fasano said the church's regular maintenance man had to go into the hospital for surgery, so all of the parishioners are pitching in and helping with the upkeep of the church and grounds.

"It's a big job," Fasano said.

The National Weather Service reports the current temperature in Batavia is 2 degrees. A wind chill advisory remains in effect until noon, and a new advisory has been issued for 9 tonight through 4 a.m., Saturday.

The forecast further out is for potential heavy lake effect snow Monday or Tuesday and continued cold and wind chill. The chance of snow for Monday and Tuesday is listed at 50 percent.

Press release from the Alzheimer's Association, WNY Chapter:

At some point in the progression of Alzheimer’s disease, most people with dementia will inexplicably leave familiar surroundings and potentially endanger themselves. Extremely cold temperatures can be deadly for vulnerable people who venture outdoors unprepared for the conditions, but there are steps that can be taken to lessen the danger for the person, and avoid anxiety for family members.

The Western New York Chapter of the Alzheimer’s Association can provide valuable resources and information for those with dementia and their loved ones, including ideas for preventing behaviors that could be dangerous, such as wandering from home. “Watch for triggers, such as increased agitation, fidgeting or pacing, which can indicate their loved one wants to leave.” Chapter Program Director Lesley Kennedy advises caregivers and family members to acknowledge the feelings their loved one may be experiencing and redirect them to a new activity or environment, such as a different room. 

It is also critical, and easy, to improve safety in the home. “Motion alarms, which are available at any home supply store, can be easily installed on a door. Moving locks to a higher position on a door where they are out-of-reach is also easy and effective. And camouflaging doors with curtains can divert a person from opening it and leaving,” advises Kennedy.

Other suggestions include sticking to a routine or schedule of activities, which can be helpful in keeping those with dementia from becoming overly stimulated and overwhelmed. 

Wandering is unpredictable and it usually occurs because of disorientation caused by the disease. “It is very important for caregivers to seek assistance as soon as they realize their loved one has left the home,” says Kennedy. She recommends immediately calling 9-1-1 and indicating that there is a missing vulnerable person. Be assertive and insist that all police agencies, including county and state police, launch an immediate response. Having pictures of the missing person, and a description of their clothing, is also very important and asking friends and neighbors to join in the search or sharing the information through social media, can also be beneficial.

Finally, register with a medical alert program, such as “Safe Return,” which aids first responders by providing them with immediate links to your loved one’s caregivers, medical records, and the Alzheimer's Association.

“You are not alone in this struggle,” says Kenney. “The Alzheimer's Association has trained, confidential professionals available at any hour of the day or night to offer tips and guidance at their toll-free Helpline number — 1.800.272.3900.”

A 71-year-old woman in Byron died overnight after she she wandered outside and was later found in a field near her home.

The body of Carol Magoffin, of Byron-Elba Road, was found about 9:30 p.m. by her husband Robert about 100 yards from their house.

Carol and Robert had been napping together and when he awoke, she was missing. He searched the home and found a rear door unlatched and followed footprints in the snow, which led him to his wife's body.

He called emergency dispatch and the Byron Volunteer Fire Department and Sheriff's deputies responded.

Coroner Karen Lang also responded.

The Sheriff's office reports that Mrs. Magoffin had been ill for some time and foul play is not suspected.

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A vehicle is reported to be on its side on the eastbound Thruway near mile marker 399. Unknown injuries. East Pembroke Fire Department, Mercy medics and law enforcement are responding.

UPDATE 7:08 a.m.: Both occupants are out of the vehicle. Medics will evaluate them.

Frost bite and hypothermia are possible in as little as 15 minutes for people not properly dressed for the weather, so the National Weather Service is urging people to use common sense.

If going outside, dress in layers of clothing, cover skin, minimize exposure to the cold weather.

The weather service says this morning is bringing temperatures in the low single digits for the area with a wind child factor of 10 to 20 below zero.

"If you are planning to venture out this morning," the weather service says, "use common sense."

A working structure fire is reported at 4054 W. Main Steet Road, the Sunset Motel, Room #12. All available manpower is requested out of the Town of Batavia Fire Department. The motel has been evacuated.

UPDATE 2:53 a.m.: A crew from Oakfield is requested to fill in at Batavia's Station #1.

UPDATE 3:02 a.m.: "We've got to get ahold of this room," says a firefighter as the crews work to contain the fire to Room 12. "...We've got to vent this roof. I don't know how far it's got across these eaves." Smoke is showing from the north gable end.

UPDATE 3:07 a.m.: An engine and manpower from East Pembroke is called to the scene.

UPDATE 3:12 a.m.: There's no evidence of eastward extension of the blaze. They've vented the roof.

UPDATE 3:14 a.m.: National Grid is called in.

UPDATE 3:21 a.m.: Town code enforcement officer Dan Lang is called in, along with the American Red Cross to assist the motel dwellers. "The (motel) owner has no idea where the electrical shut off is," says a firefighter. No ETA for National Grid. A second ambulance is requested, a male with difficulty breathing will likely need to be transported to a hospital.

UPDATE 3:23 a.m.: Command reports fire is out. "Code enforcement Gerald is responding."

UPDATE 3:27 a.m.: They broke a lock to access the electrical circuit panel, which is located at the rear of the motel's west end. There is still smoke in the crawl space.

UPDATE 3:28 a.m.: The smoke in the crawl space is getting heavier. A thermal camera will be used to try and locate its source.

UPDATE 3:44 a.m. (by Howard): The building will need to be vacated for the night. Lodging is needed for the residents of at least four rooms.

UPDATE 4:12 a.m. (by Howard): Some units being put back in service.

UPDATE 4:43 a.m.: Town of Batavia is back in service. Firefighters contained the fire to a single room. Two tenants need to be relocated.

Investigators found no mechanical issues with a car that crashed on Ledge Road, Alabama, in August, and split in two after striking a utility pole.

The accident claimed the the life of a 10-year-old Batavia boy.

The findings are part of a final accident report filed in October and obtained today by The Batavian through a Freedom of Information Law request.

The driver, the boy's father, Shawn P. Wolcott, told investigators the day of the accident that he had taken the car into mechanics several times because of issues with the steering and that prior to the accident he felt the car wobble and heard a pop or a knock.

Deputy Nathan Balduf, certified by the state for post-accident mechanical inspections, thoroughly examined Wolcott's 2004 Chrysler 300 and found no mechanical deficiencies that would have contributed to the accident.

Sgt. Bill Scott, a lead investigator for the Crash Management Team, concluded in his report that all the evidence pointed to the sedan drifting off the road either because Wolcott fell asleep, became unconscious or was otherwise distracted.

The Chrysler's front passenger fender struck a utility pole on Ledge Road. "After initial contact," according to the report, "the vehicle rotated counter-clockwise causing the vehicle to split in half."

Wolcott, who was uninjured in the crash, exited the front half of the vehicle as soon as it came to rest, according to witnesses, and pulled his son, Shawn Jr., from the back passenger seat.

One person reported seeing somebody performing CPR on the child.

Shawn Jr., was flown by Mercy Flight to Mothers and Childrens Hospital in Buffalo. He died five days later.

Wolcott told investigators he was driving to the reservation to buy a carton of cigarettes.

The accident was reported at 8:18 a.m.

Two people -- including his estranged wife and a person on probation with multiple arrests -- reported to authorities that Wolcott had been partying the night before and consumed drugs and alcohol. Wolcott denied the accusation to investigators.

Deputy Lonnie Nati, a certified drug-use recognition expert, was the first deputy on scene and did not detect the odor of alcohol on Wolcott and observed nothing to indicate Wolcott had consumed any drugs.

Investigators were also told that Wolcott was transporting two bags of marijuana in the trunk of his car, but a thorough search of the vehicle turned up no cannabis, though baggies were found that may have contained marijuana (based on odor) at one time.

Wolcott did have a prescription for hydrocodone for carpal tunnel pain in his wrists and he told investigators he had taken a pill the morning of the accident, but he'd been taking the prescription for years without incident.

According to the report, within the three years prior to the accident, Wolcott had taken the car in for service or repairs at multiple local garages, including Monroe Muffler, Midas, Dunn Tire, Castilone Chrysler, Chesley Automotive and Zirbel Automotive.

One person at an automotive shop told an investigator that Wolcott treated the car "like it's his only possession."

Wolcott told an investigator that a mechanic at Castilone, where the car was taken in April, said that the balance was missing from the rack and pinion and that the rack and pinion would need to be replaced.

The repair, he said, would cost $1,200, which he couldn't afford.

Repair receipts obtained by investigators from Castilone mention nothing about any problem with the rack and pinion, though notes indicate that Wolcott did complain about the handling and steering of the car. Wolcott reportedly told a mechanic that the "left front wheel feels like it's going to fall off."

The right front caliper, front rotors and pads were replaced during that visit.

In March, 2010, Wolcott had the front sway bar links replaced at Chesley's.

The struts were replaced by Monroe in late August, 2010. Monroe did alignments on the car in early August, 2010, late August, 2010 and September, 2010. Chesley's did a wheel balance in October of that year.

Batavia was hit with a full blast of winter today with cold, wind and snow, but life went on.

The National Weather Service issued an advisory for this evening indicating we can expect more of the same overnight and travel conditions could be difficult.

Above, Shaun Coburn, a carrier for the Batavia Daily News, delivers papers on Lincoln Avenue.

Tim Kemp, on Lewis Avenue.

Postal carrier Donna Buckenmeyer delivers mail on Lewis Avenue.

Rick Adams on Ellsworth Avenue.

Press release:

The New York State Police along with UNYTS are giving the gift of life by hosting a blood and registry drive Jan. 3 at the State Police barracks at 4525 W. Saile Drive, Batavia.

“The New York State Police family is well aware of the importance of giving blood or by donating or receiving organs as we have seen both sides. Members and members' families have given or have benefitted from the gift of life,” said Trooper Victor Morales Troop A, public information officer.

The drive is being held during the most critical time of year for blood and is in conjunction with the UNYTS Holiday Heroes Drive, which began on Dec. 20.

“Donating blood during the Holiday Heroes campaign is an easy way to support and to give back to our communities. This blood drive in Batavia is one of three locations that we are holding drives, the first was in Clarence and the next will be at the Lockport barracks on January 8th,” said Major Michael Cerretto.

The blood drive runs 10 a.m. to 3 p.m. and will include Donate Life Registry drive as well, where they’ll be encouraging the public to sign up to become organ donors on the NY State Donate Life Registry.

While walk-ins are welcome appointments can be made by contacting UNYTS at 716-512-7940 or www.unyts.org (Sponsor Code: 1983-Batavia or 1985-Lockport)

Rob and Carol Magoffin took delivery of 9-month-old beefers Monday and as soon as the cattle arrived, they got spooked, ran and broke through a fence.

The calves haven't been seen since.

"I've been looking for them for four days," Rob said.

He bought them to raise as meat for his own household. He and Carol also have a few goats and chickens.

Their hobby farm is located in the area of Colby and Sumner roads, Darien.

One calf is all black and the other is brown with a brown and white face.

Since Rob had just taken delivery of the calves, there are no identifying tags or markings on them.

If you know of their whereabouts or see them, contact Rob or Carol at (585) 813-3881 or (585) 813-2769.

A two-car accident, with one person complaining of head and neck back pain, is reported at East Main Street and Masse Place in the city. Mercy medics are on scene.

UPDATE 12 p.m.: The patient is being taken to UMMC.

The weather can only be described as nasty. It's 10 degrees, about four or five inches of snow is falling and it's still coming. The breeze is strong enough to add a pretty strong bite to the already low temperature.

And more is on the way. The winter storm warning remains in effect through tomorrow.

Press release:

Due to the Wind Chill Advisory in our area for the next two days, the Batavia Youth Center will be closed today and tomorrow (Jan. 2, 3). It is not safe for the children to be out and exposed to these cold temperatures. The Youth Bureau and Youth Center will resume normal business hours on Monday, January 6, 2014. 

UPDATES:

• Red Osier in Stafford is closing tonight due to weather.
• The county's swearing-in ceremony scheduled for this evening has been postponed and will take place Tuesday.

A 28 year old Le Roy man accused of stealing high voltage wire didn't appear for his sentencing today reportedly because he's been hospitalized at Strong.

Meanwhile, Judge Robert C. Noonan said that he's been notified Michael A. Nicometo, of 45 North St., hasn't reported to Genesee Justice per the terms of his release under supervision since Oct. 30.

In November, a warrant was issued for his arrest.

Nicometo's attorney, Brian Degnan, was given until close of business tomorrow to produce documentation that his client is indeed hospitalized.

"I have no problem picking a date (for Nicometo's next appearance), but if he's at liberty and located, he will be brought in," Noonan said.

Nicometo entered a guilty plea Sept. 20 to one count of third-degree burglary on an Alford basis. An Alford plea means the defendant is not admitting to the crime, just that the evidence, if presented to a jury, would likely lead to his conviction.

He was indicted by a Genesee County grand jury in early September on two counts of burglary, 3rd, and one count of grand larceny, 3rd.

Police arrested Nicometo in March following an investigation into the theft of high voltage wire from industrial complexes in the Le Roy area. He and an alleged accomplice were later accused of doing $32,000 in damage to the Dolomite facility in Le Roy.

The new scheduled sentencing date for Nicometo is 9 a.m., Jan. 17.