Heather E. Schramm, 33, of 110 Bank St., Batavia, is charged with failure to pay fine imposed by court. Schramm is accused of not paying a fine related to a second-degree harassment charge. Batavia PD Officer James DeFreze observed Schramm walking near Save-A-Lot and took her into custody on a City Court warrant.

Alicia M. Lyons, 33, of 120 State St., lower, was arrested on a bench warrant. Lyons is accused of not appearing on an alleged theft of services charge. Lyons is accused of not paying for food at a local restaurant.

Donna M. Kroft, 60, of 120 State St., lower, was arrested on a bench warrant. Kroft is accused of not appearing on a alleged theft of services charge. Kroft is accused of not paying for food at a local restaurant.

Travis L. Bartz, 18, of 11 Trumbull Parkway, Batavia, was arrested on a bench warrant. Bartz is accused of failure to appear on a criminal mischief, 4th, charge. Bartz was located by Batavia PD Officer James DeFreze at Batavia HS and taken into custody. Bartz was jailed on $1,000 bail.

Nathan David Martina, 18, of Lisa Lane, East Amherst, and Christopher Mario Ossa, 18, of Harris Hill Road, Williamsville, are charged with unlawful possession of marijuana. Martina and Ossa were found at 9:47 p.m., Wednesday, in a parked vehicle on Batavia Stafford Townline Road allegedly in possession of marijuana.

Clarence W. Odell, 45, of Liberty Street, Batavia, is charged with criminal mischief, 4th. Odell was arrested on a warrant out of Town of Pembroke Court. Odell allegedly damaged the wall of an office building in the Town of Pembroke on July 17.

Nearly 40 National Grid customers are without power along Phelps Road, Indian Falls, after a power line was knocked down.

A fire chief who responded reports it appears that a semi-truck knocked the line down.

The area includes a trailer park that is without power.

National Grid estimates power will be restored by 11:45 a.m.

Press release:

Batavia Downs Gaming will be celebrating it Grand Reopening Celebration with a ribbon cutting and reception beginning at 3 p.m. this afternoon.

Attending will be members of the Western New York legislative delegation including State Senators George Maziarz, Patrick Gallivan, Michael Ranzenhofer as well as other local dignitaries including Assemblyman Steven Hawley. Former Buffalo Bill Ruben Brown will also be in attendance.

Following the ribbon cutting at 3 p.m. in the lobby, attendees are invited for tours of the facility and of Thurman Thomas’ new Sports Bar; 34 Rush. Drawings for Free Play and other Grand Reopening giveaways will occur on the gaming floor.

As a public benefit corporation, all profits from Western OTB and Batavia Downs Gaming net expenses are contributed back to the 15 counties and two cities of Western New York.

The first hint of dawn was on the Eastern horizon when Jeff Bartz pulled off the highway and onto the dirt lane that wound its way through a farm field. In the passenger seat was my grandson, 14-year-old Sammy Bartz who has accompanied his father on numerous hunts in recent years, but only in the role of an observer. On this day the roles would be reversed.

It was the first day of New York State's Youth Firearms Deer Hunt. In only its second year, the program allows junior hunters aged 14 and 15, and accompanied by a mentor who possesses a valid big game hunting license, to hunt deer. Under the terms of the hunt, the mentor is not allowed to carry a firearm, he/she is there for guidance only.

Despite the low light, as the Bartz' vehicle moved slowly along the dirt lane they were able to see several does feeding in the field beside them. On a nearby knoll, silhouetted by the first light of day, was a buck that the father and son estimated to be a six-point. Moments later Jeff and Sammy began the slow walk to their tree stand a quarter mile away through a hardwoods.

"On the way to our stand I could hear deer running off, just kicking up the leaves in their haste," said Jeff. "I figured we botched our hunt."

Not to worry. Not only would the elder Bartz' original plan for the morning pay off, there would be plenty of action forthcoming. Theirs was a strategy that began during midsummer when Jeff and Sammy first scouted a variety of locations before the actual placement of their tree stands. One such location was a large woodlot with an abundance of shagbark hickory and a smattering of beech trees. Last Saturday morning found the pair in those same woods, situated 12 feet off the ground in a buddy stand, a pre-fab ladder stand built for two hunters. Cradled in Sammy's arms was an Ithaca Featherlite 20-gauge, the same shotgun used by his great-grandfather.

The father and son tandem weren't seated very long when the action began.

"Four does came in first," said Sammy. No doubt they were intent on feeding on the bumper crop of hickory nuts that now littered the forest floor.

"A six-point came in right after that," he continued, "and then another buck right behind him. That one was a six-point, too." That's when a skirmish ensued as the two combatants squared off and began shoving back and forth. When asked what the does did at this time, Sammy said, "they all stopped eating to watch." 

At this point Sammy turned to his father and asked, "What should I do?", to which Jeff replied that it was his son's own decision to make. Sammy didn't know it yet, but he was about to have his decision made for him.

The two bucks were still going at it when a newcomer arrived on the scene. Both bucks stopped battling as another buck, an eight-point, strutted onto the scene. Sammy raised the Ithaca 20, but with the big buck walking broadside behind leafy growth at 75 yards, he wasn't afforded a clear shot. Noting the direction the buck was headed, Sammy picked an opening between two tree trunks and waited. The opening was slight so once the deer moved into it Sammy had little time. With the buck still on the move, the young hunter took the shot and the buck went down, flailing on the forest floor only briefly before it was up and bounding away.

Both father and son got a good look at the directon in which the deer ran off and decided to wait 45 minutes before climbing down out of their stand. After what must have been an incredibly long wait for Sammy -- no doubt his adrenaline pumping to beat the band- - they began the tracking process. After 20 minutes and 150 yards, Sammy let out a loud whoop after spotting the antlers.

His cheeks flush, a broad smile on his face said it all. Certainly the events that unfolded on this morning will be forever embedded in his mind. And as for Jeff, who has put a great deal of venison in the family freezer over the years, how did this outing rank among all the others? Savoring the moment he said, "This was by far the best hunt I've ever experienced."

Press release:

“Tonight (last night), the House voted to increase our national debt by over $300 billion without achieving a single spending cut. I could not, in good faith, vote in favor of this legislation which only adds billions to the credit card bill our children will be left to pay.

America has a significant and dangerous spending problem that most of Washington is content to ignore. On behalf of my constituents, I will not ignore this fact. Kicking the can down the road is what caused this problem and Washington has to muster the political courage to deal with it for the future of our country.”

Reason Magazine: Support Grows for Cops to Wear On-Body Cameras

Dispatchers report several callers say they heard the sound of a gunshot, possibly a shotgun, somewhere on the Southside of Batavia.

Calls have come in from Watson, Maple, Thorpe, Liberty and Otis streets.

Police officers are converging on the area.

UPDATE 12:05 a.m.: There's been nothing new to report on this. 

Some time prior to 2010, a family in Darien decided to build a new house on land outside of the county's defined development area.

Since then, they've had to pay a water district tax of about $400 a year even though they've twice been denied an application to hook up to the water system.

Yesterday at the Public Service Committee meeting, David Hagelberger, Town of Darien supervisor, appealed to the Legislature on the resident's behalf to allow a water hook-up for the home.

Rather than take action immediately, the committee asked County Planning Director Felipe Oltramari to find the minutes for the meetings where first the county's water committee and then the county's planning board denied the water hook-up applications.

In 2001, when the county's current water system was being developed, the state required the county to develop a plan to protect farmland, ensure development took place in already developed areas and encourage revitalization of existing industrial areas, business districts and residential neighborhoods in the City of Batavia and developed village areas.

So the county adopted a "Smart Growth Plan" that defines development areas and establishes procedures for revising the plan.

The subject of the house in Darien came up now, again, because the county is wrapping up an every-three-year review of the plan and revising it to allow for development of the WNY STAMP project in Alabama.

Part of Hagelberger's argument on behalf of his local resident is that if the county can revise the plan for STAMP, why not revise it for this family as well?

After the meeting, Oltramari explained a little further why the Smart Growth Plan exists.

It's very easy for new development to follow infrastructure. By putting in the water system, without a plan, the county could lose a lot of farmland along the paths of water mains.

The concern has never really been about big developments, but about farmland disappearing in a piecemeal fashion -- a house here, a new business there, a little strip shopping mall on this or that lot. The goal of the Smart Growth Plan is to try and prevent that sort of development.

Since it was adopted, there have been 40 applications for development outside of a designated development area, Oltramari said, and all but three have been approved.

"For the most part, people understand -- keep out of farm fields," Oltramari said. "Keep it in the woods or where there's already a lot of housing, but not in the middle of a field, not in good productive farmland."

Oltramari noted that farming and residential development sometimes don't mix well.

"Farmers will tell you when you have a neighbor who doesn't really like your operations, they can make your life a nightmare," Oltramari said.

The county has no idea how the homeowners are getting water now. The is no known well on the property.

One reason the homeowners still must pay the tax for the water district is that particular district isn't bill on a per-hook-up basis, but rather is taxed based on land assessment for each parcel.

Land that is in an agricultural district is exempt from the tax, but for some reason that isn't clear, the house in Darien is outside the nearest ag district. Oltramari said it will take more research to figure out what happened in that particular case.

"Somebody can make the point that they do benefit from the water district because there is a fire hydrant available," Oltramari said. "Somebody could make that case."

DOWNLOAD: Smart Growth Plan (pdf)

A Niagara County police officer who was involved in an altercation at Darien Lake in 2012 admitted in county court today that her reckless conduct while intoxicated caused injuries to another concert goer.

Kelly L. Alcorn, 48, entered a guilty plea to third-degree assault, a Class A misdemeanor, with no condition on sentencing.

The Grand Island resident was originally arrested Aug. 25 and charged with harassment, 2nd, but after the victim in the case went to the media claiming serious injuries and drawing attention to Alcorn's law enforcement status, the District Attorney's Office took a closer look at the case.

In February, Alcorn was indicted on a single count of assault, 2nd.

As part of her plea today, Judge Robert C. Noonan asked Alcorn a series of questions, starting with whether she was at the concert and whether she was intoxicated, which Alcorn admitted.

When Noonan asked Alcorn if her body came into contact with the body of the victim, causing her to hit a cinder block wall, Alcorn conferred with her attorney.

Alcorn admitted to wrestling with the victim on the floor and hitting her and that those swings recklessly caused injury to the victim.

Section 120(7) of the NYS penal code defines one type of third-degree assault as recklessly causing injury to another person.

At time of sentencing, Alcorn will be seeking a relief from civil disabilities, which is a form Noonan can sign that would enable Alcorn to continue her law enforcement career, or take other government employment, or seek employment in certain state-licensed fields.

Sentencing is scheduled for 1:30 p.m., Jan. 9.

A Batavia woman whose name is well known to regular readers of local police blotters is going to prison for five and a half years after being sentenced in County Court on her first felony conviction.

Latoya D. Jackson, 27, who has a long list of arrests for alleged misdemeanors ranging from disorderly conduct, reckless endangerment, harassment, weapon possession, resisting arrest and petit larceny, was sentenced on two counts of assault, 2nd.

On Sept. 16, Jackson entered conditional guilty pleas to the assault charges in exchange for a guaranteed concurrent sentence on both counts. Jackson pled guilty, but did not admit to committing the crime, only that a jury would likely find her guilty (known as a Alford Plea).

One of Jackson's victims, a cousin, said she was glad to see that Jackson would receive justice today.

"When I tell people my cousin cut me (explaining a scar on her face), they look at me like I'm crazy," the young woman said.

District Attorney Lawrence Friedman asked Noonan to consider the maximum sentence available under the plea agreement, which would have been seven years in prison.

Larry Ader, Public Defender's Office, argued that Noonan's best option was to give Jackson a probation-based sentence. If Jackson has finally learned she needs to go in a different direction with her life, that would be best, Ader argued, but if Jackson hasn't learned her lesson and violates probation, Noonan would be able to send Jackson away for up to 14 years.

"I'm not going to stand up her and say my client is a stranger to the criminal justice system," Ader said. "She's not. But this is her first felony.

"I think that as you well know, we don't know what it will take to finally change somebody's behavior and Ms. Jackson is quite aware that she's been given chances in the past to change her behavior and it hasn't work," Ader added. "If she doesn't change at this point with two felonies hanging over her head, you could punish her with a longer sentence than is available today."

Noonan said he agreed with the recommendation of the DA and the Probation Department that Jackson be sent straight to prison.

"It appears you've had many an opportunity to wake up and see that your life is going in the wrong direction," Noonan said. "Now you stand here convicted of two serious crimes and you negotiated for yourself concurrent sentences, which was probably a wise thing for you to do."

Rape Crisis Service and Genesee Community College will present a free screening of the multiple award-winning documentary "Searching for Angela Shelton" on Wednesday, Oct. 16, at 5:30 p.m. in the Forum at Genesee Community College. The screening will be followed by a panel presentation by representatives from Rape Crisis Service, the Justice for Children Advocacy Center, and the YWCA Domestic Violence Program. 

In "Searching for Angela Shelton," filmmaker Angela Shelton journeys across the United States meeting other Angela Sheltons in an effort to survey women in America. She discovers that 24 out of the 40 Angela Sheltons she spoke to had been raped, beaten or molested. Then the filmmaker meets an Angela Shelton who tracks sexual predators and lives in the same town as the filmmaker’s father who molested her and her step-siblings for years.

The filmmaker’s survey of women becomes a journey of self-discovery during which she decides to finally confront her own past and her father – on Father’s Day. The Angela Sheltons complete the journey by teaching the filmmaker about forgiveness, faith and the power of the human spirit, no matter what your name is.

The trailer for the documentary can be viewed here:  http://www.youtube.com/watch?v=xCc0gMc2iZ4&feature=player_embedded

About Rape Crisis Service

This is the 40th anniversary of the launch of the Rape Crisis Service of Planned Parenthood of the Rochester/Syracuse Region. It provides crisis intervention and support services to women, children and men who are survivors of sexual assault and to their families. In 2012, RCS provided crisis intervention and counseling services to 1,376 clients and conducted 615 educational programs to more than 8,000 people.

Trained counselors are available 24-hours a day, seven days a week to provide information and support, enabling the client to make informed choices concerning medical, legal and counseling needs, while offering advocacy and information about their rights. Counselors also offer short-term counseling sessions and legal and medical accompaniment. Services are free and confidential.

Rape Crisis Service currently serves five counties: Monroe, Genesee, Livingston, Orleans and Wyoming.

24-hour helplines:
Monroe County: (585) 546-2777
Genesee, Livingston, Orleans, Wyoming Counties: 1-800-527-1757

The Batavia Muckdogs, Class A affiliate of the Miami Marlins, have announced their schedule for the 2014 season. Batavia will open the 2014 season Friday, June 13, when the Auburn Doubledays host the Muckdogs at Falcon Park. Batavia opens its home schedule Saturday, June 14 when they entertain Auburn at 7:05 p.m.

The Muckdogs will host their annual Independence Day celebration on July 3 this year, as they are not home on July 4th. In addition to their Pinckney Division rivals, the Muckdogs will welcome the New York Yankees (Staten Island), Boston Red Sox (Lowell), New York Mets (Brooklyn) and the Detroit Tigers (Connecticut) farm teams to Dwyer Stadium in 2014.

Here is a month-by-month and day-by-day breakdown of Batavia’s 2014 home schedule:

Month    Home Games      Day      Home Games

June       8                         Sunday           7

July        16                       Monday           7

August    14                      Tuesday          4

                                          Wednesday    4

                                         Thursday        4

                                          Friday             6

                                         Saturday         6
    
Ticket packages, coupon books and season tickets for the 2014 season will go on sale beginning Nov. 1. They can be purchased by calling 343-5454 or in person at Dwyer Stadium, Monday thru Friday, from 9 a.m. to 5 p.m.

For a complete schedule, visit www.muckdogs.com

Press release:

Today, cell phone distracted driving survivor advocate Jacy Good spoke at Elba High School to help students understand the consequences of using cell phones behind the wheel.

In May 2008, on the day she graduated from college, a driver distracted by his cell phone conversation ran a red light and caused a crash that killed both of Good’s parents and left her clinging to life.

“Jacy’s story is powerful and moves both students and faculty,” said Chris Salinas, principal at Elba. “It is especially important for teens to hear Jacy’s message. Car crashes are the leading cause of death for teens, and using cell phones increases crash risk. Jacy’s story helps students understand that they will be safer if they disconnect while driving.”

“My college graduation day should have been a time to celebrate,” Good said. “Instead, my entire world was shattered because of an unnecessary cell phone call. People need to understand the dangers of using a cell phone ­– handheld or hands free – while driving. Lives are at risk and poor decisions can have lifelong consequences.”

After the loss of her parents, Good joined FocusDriven – Advocates for Cell-Free Driving. FocusDriven is a survivor advocate network that supports cell phone distracted driving victims and their families. Individuals and families educate the public by sharing their personal stories. The New York State Governor’s Traffic Safety Committee works with FocusDriven to provide Good’s presentations in schools across the state.

Those interested in having Good speak at their school should e-mail srotoolkit@dmv.ny.gov <mailto:srotoolkit@dmv.ny.gov>

Additional traffic safety information can be found at: www.safeny.ny.gov/SRO-Toolkit <http://www.safeny.ny.gov/SRO-Toolkit>

In their first competition of the year, the Batavia HS varsity cheerleading team took second place at the Brockport Spirit Fest over the weekend. Kayle Corp placed third in the individual competition. The sectional competition is Oct. 26. (Photo and information submitted by Justine Bonarigo.)

The Fiscal Times: Why a Work-Free Retirement Has Become a Myth

A season's worth of preserves along with 10 bushels of apples bought just today for canning were destroyed tonight at the Swendsen home on Akron Road, Pembroke, when a Mercury Mountaineer came roaring up the driveway of the farm and plowed through the family's dining room.

The son of Peter and Lynette Swendsen was just feet away frying up some eggs.

Lynette thanked God over and over as she talked  about the accident.

She was thankful that nobody was hurt or killed in the accident -- not her son who was minutes away from sitting at the dining room table turned into splinters by the SUV, not herself who was in the house on the phone with her mother-in-law, not her husband who was standing feet from the gravel driveway when the vehicle went rushing by, and not her younger son, who was helping bring in cows that were panicked by the loud boom of the car smashing into the house.

Even the driver, reported to be Jason M. Purdy, 34, of Tesnow Road, Alabama, suffered only minor injuries.

"I do all of my own canning and preserves," Lynette said. "We have six children, so I do all of that myself. All of our jelly was done for the year.

"It sounds crazy to be upset about it," she added, "but that kid hit that stove in our kitchen and it must weigh 1,500 pounds -- you just can't imagine  -- that alone could have killed him. It's just unbelievable he didn't die."

Everybody was lucky, said Sgt. John Szumigala, of the Sheriff's Office.

"There was nobody in the room that was completely demolished by the car," Szumigala said. "There were people close to it, but nobody in it. And nobody was in his path coming down the driveway, so everybody was very lucky."

Peter Swendsen said it looked like the SUV was doing 100 mph down his driveway.

Both Peter and Lynette described the car hitting the house as an explosion.

"It was like something you never heard in your life," Lynette said.

The vehicle came to rest on a tree stump in the back yard, with the front wheels off the ground.

"He was still trying to go," Peter said. "He still had his foot on the gas pedal."

Peter helped him get out of the Mountaineer and when the driver, according to Peter, tried to run, Peter said he "grabbed him by the shoulders and sat him to the ground."

When Lynette came out of the house, Peter was yelling at her to call 9-1-1.

"I still had the phone in my hand from my mother-in-law," Lynette said. "I was just frantic with the lady on the phone because I didn't know if anybody was hurt. I didn't even know what happened."

The red preserves splattered against the outside wall of the house gave some of the first responders quite a start when they arrived on the scene, but they soon realized it was just jelly.

Purdy was transported to ECMC by Mercy EMS with minor injuries.

He's believed to be the same person who was reported as a possibly intoxicated driver on Akron Road prior to the accident. When a patrol arrived, the vehicle couldn't be located. A short time later, a vehicle reportedly hit a road sign on Akron Road, and then minutes later, at 7:07 p.m., the call came into emergency dispatch for a car hitting a house at 721 Akron Road.

Purdy was not the owner of the SUV. About an hour after the accident, a young woman showed up at the scene in tears. She said it was her vehicle that hit the house.

The initial investigation indicates, Szumigala said, that Purdy had permission to drive the vehicle, but he did not necessarily have permission to have taken the vehicle for as long as he appears to have taken it. 

The Swendsen's home on their organic dairy farm is situated down a long driveway -- well more than 100 yards long -- off Akron Road at a T-intersection with Marble Road. Szumigala said it appears Purdy was heading north on Marble Road and just continued straight across Akron Road into the driveway.

Peter said Purdy kept asking if he was on Akron Road after he was out of the SUV.

The incident remains under investigation and Purdy has not yet been charged with any crimes.

Lynette said Purdy said he was sorry, before he was taken away by Mercy EMS, for hitting her house. She said she was just glad he wasn't seriously hurt.

Responding to the scene were volunteer firefighters from Pembroke, East Pembroke Corfu and Darien. The accident is being investigated by deputies Kevin McCarthy and Patrick Reeves and Sgt. Szumigala and Investigator Roger Stone.

A car is on its roof in a ditch off Pike Road, Batavia, but the driver is out, walking around and not injured.

Town of Batavia fire is on scene along with law enforcement.

The accident is in the area of 3711 Pike Road.

UPDATE 9:42 p.m.: Town of Batavia fire back in service.

A minor-injury accident is reported at Gulf and Church roads in the Town of Le Roy. Law enforcement is en route. Le Roy Fire Department is on scene.

UPDATE 8:20 p.m.: The Le Roy assignment is back in service.

Two nearly simultaneous car accidents require the response of both the Pembroke and Indian Falls fire departments, along with Corfu and mutual aid from Darien.

At 7:07 p.m. a car-into-house accident, with injuries, was reported at 721 Akron Road. The side porch was "completely taken out and there is substantial damage to the vehicle," according to a responder.

This may connected to a just-prior accident at 878 Gabbey Road where a car reportedly went off the road and there are injuries. The pickup truck involved is said to have fled the scene.

A responder said he was nearly hit head on by the pickup truck believed to be the same one which left the Gabbey Road incident.

Darien Fire Department is requested to aid in shoring up the residence that was struck on Akron Road, wherein one person suffered a hand laceration.

7:35 p.m.: One person is being loaded into a Mercy rig for hospital transport. The natural gas fuel provider is called to the scene since the house that was struck had its gas on at the time of impact.

7:55 p.m.: One person was taken to ECMC. National Grid was also called to the scene.