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A 28-year-old Warsaw resident is in the Genesee County Jail tonight after being accused of throwing his 7-year-old son to the floor while in the toy department at Walmart this afternoon.

Christopher P. Cummings was arraigned in Town of Batavia Court in front of Justice Thomas Williams on charges of harassment, 2nd, and endangering the welfare of a child and ordered held on $2,500 bail.

The boy was taken to UMMC by Child Protective Services for a precautionary evaluation and is reportedly uninjured.

In court tonight, Cummings said, "I was in the wrong, obviously."

The alleged incident was reported at 2:30 p.m. after a witness reported seeing Cummings pick the boy up by his shoulders and "slam" him to the floor.

"I screamed at the man and told him to leave the child alone," the witness said in a written statement.

The arresting officer, Trooper Eric Daigler, wrote in the report filed with the court -- known as an accusatory -- that Cummings was seen lifting the boy over his head and then "throw him to the floor."

Cummings then reportedly picked up the boy and started to walk away. He was joined by a young woman and two children and all five quickly exited the store.

The man who said he had screamed at Cummings called 9-1-1.

Several witnesses reportedly either saw the incident or heard the commotion. Cummings was reportedly yelling very loudly at the boy.

In a written statement, Cummings admits to the incident.

He said the boy had been with his mother who was looking at clothing, but the mother complained the boy was misbehaving and asked Cummings to watch over him.

Cummings took his three boys to look at video games, but the oldest boy wasn't interested, so they went to the toy section.

The boy became interested in some playing cards, something like, Cummings wrote, "Pokemon or Skylander." The boy asked for the cards and Cummings said no. The boy then tried to open the cards and Cummings told him not to and the three boys and their dad walked to the next aisle.

The boy then said he was going back to put the cards away. When he returned, he had the cards out of the packaging and the wrapper was gone.

Cummings said he slapped the 7-year-old with an open hand. The boy fell to the floor and started to cry.

"He argued about the cards," Cummings said. "That's when I picked him up and slammed him down.

"That's when people in the store started yelling at me," Cummings added. "(The boy) had sprawled himself out and was throwing a temper tantrum."

Cummings said he picked the boy up, was joined by the boy's mother and he told her people were yelling at him and that he had slapped the boy.

He was aware, he said, that people said they were going to call the police, but he wasn't sure if anybody actually had.

The family drove to the Tonawanda Indian Reservation and while there received a phone call from the mother of the mother who said the incident had made the news.

The family returned to the Pavilion residence of the mother and three children and Cummings continued on to Warsaw.

"I know I have anger management problems and I want to get help for it," Cummings wrote at the end of his statement.

The mother called the Sheriff's Office and was put in touch with Trooper Holly Hanssel who convinced her to have Cummings return to Pavilion, which he did. By that time, Cummings had already been identified as the suspect by several callers who had seen the news report. State Police were at the residence by the time Cummings returned.

He was taken into custody without incident.

Justice Williams issued a complete stay away order of protection for Cummings. For the time being, at least, he's to have no contact whatsoever with his three sons.

In a news release to all WNY media outlets, State Police said that investigators had no leads on who the suspect was until the post appeared on The Batavian.

"Within minutes of the posting leads as to the suspect’s identity began coming in," the news release reads, and concludes, "Troopers credit the swift apprehension of Cummings to the posting of his picture by the online news outlet and the public’s willingness to come forward with the information that led to his identity."

Police are concerned for the well being of a young boy whom witnesses say was slammed to the floor by a male subject while inside Walmart and are seeking the public's quick assistance in locating the boy and the suspect.

A witness said he saw a man pick up a boy who is believed to be about 8 or 9 years old, lift him over his head and slam him to the floor.

Trooper Holly Hanssel said she believes the boy suffered injuries.

The man, the boy and a woman along with two other boys, believed to be ages 4 and 5, left their basket of items and exited the store after a man who witnessed the incident confronted the suspect and told him to stop.

The group ran toward the exit and drove away in a dark-colored sedan in the style of a Buick Century or Chevy Lumina.

The alleged incident was reported just before 2:45 p.m.

The male suspect is described as white with dirty blond hair and 5'8" tall. The female is blonde, wearing a red tank-top and skirt. The boy was wearing a green shirt.

Anybody with information that may assist in locating the boy so police can check on his welfare are asked to call the State Police Batavia Barracks at (585) 344-6200.

(Initial Report)

UPDATE 6:30 p.m.: Law enforcement has taken into custody 28-year-old Christopher Cummings, of Pavilion, in connection with the incident. Charges, if any, are as yet unspecified. Child Protective Services responded and notes there are bruises to the child's arm.

Note: No further phone calls about this incident are necessary. Law enforcement has enough information at this point, but thanks the public for their assistance.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) highlighted a piece of legislation passed by the Assembly addressing yet another flaw in the NY SAFE Act as further proof that the law must be fully repealed. The bill would exempt certain retired law enforcement officers from restrictions related to magazine capacity. Hawley agreed with the principle of the effort, but noted that such loopholes illustrate the need to repeal the law and start from scratch.

“Not only should retired police officers be exempt from the NY SAFE Act, but so should veterans and every other law-abiding American citizen,” said Hawley. “It seems that as more time passes, more glaring flaws come to light. It comes as no surprise that the bad process used to force this law on New Yorkers has led to bad policy. The sad truth is, I have little doubt we will be amending this irresponsible law piece by piece for a long time to come. That’s why we must repeal the SAFE Act and approach sensible, life-saving measures the correct way; by incorporating the voices of law-abiding New Yorkers whose lives are affected by the legislature’s actions.”

Hawley recently wrote to Governor Andrew Cuomo sharing the results of a petition he circulated advocating the repeal of the NY SAFE Act. In less than three months, the petition garnered 1,050 signatures from local law-abiding citizens.

To help promote an anti-smoking message, GCASA has placed about 50 T-shirts on PVC-pipe hangers along the edge of the agencies property at 430 E. Main St., Batavia.

A contractor is on Summit Street, Batavia, this morning working on the sewer system. A worker told me they were putting in a lining.

Bruce Jeramie Brade, 32, of Stroh Road, Attica, is charged with identify theft, 3rd. Brade allegedly used the personal information of another person, including a credit card number, for personal benefit.

Llani Marie Gerrastzu, 18, of West Main Street, Batavia, is charged with unlawful possession of marijuana. Gerrastzu was allegedly found in her home with marijuana at 6:35 a.m., Wednesday.

Shannon Ann Caton, 38, of Fisher Road, Oakfield, is charged with harassment. Caton was allegedly involved in a fight at her place of employment on April 2.

Eric A. Ion, 40, of Brant, is charged with criminal contempt. Ion is accused of violating a court order in Alexander at 4:14 p.m., May 14. Ion was arrested by State Police. No further details released.

Michelle G. Robb, 55, of Corfu, is charged with driving while impaired by drugs. Robb was stopped at 8:06 p.m., May 14, by State Police on Route 77, Pembroke. No further details released.

Richard A. Demmer, 20, of Oakfield, is charged with harassment, 2nd. Demmer was arrested by State Police related to an alleged incident reported at 5:20 p.m., May 14.

Should NYS set up tax-free zones for businesses at SUNY campuses?

Syracuse.com: Gov. Andrew Cuomo to businesses: Yes, I said tax free

Current booking photo Sex offender registry

One of the two brothers recently accused of sexually abusing children in multiple jurisdictions over the past three decades appeared in Genesee County Court this afternoon to answer to a felony grand jury indictment.

Sean M. Vickers, 44, of 117 Andes St., Geneva, entered a not guilty plea to single count of a course of sexual conduct against a child in the first degree, a Class B felony.

Vickers is accused of sexual relations with a child while a resident of Batavia more than a decade ago.

According to Batavia PD, after media reports of his arrest, more people came forward accusing either Vickers or his brother of sex-related crimes.

While Sean Vickers, already a registered Level-3 sex offender, has yet been charged with any additional crimes, the FBI arrested David Allen Vickers, 49, of Stanley, and accused him, while working as a truck driver, of transporting a child to New Jersey, Pennsylvania and Canada and engaging in sexual activity.

The two brothers are suspected of sexual activity with children going back 30 years.

Police are asking that anybody that may have children who came into contact with the Vickers or people who are now adults that may have had contact with the Vickers to contact police or the FBI.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is calling on members of the Assembly Majority to make their stance clear on sexual abuse against women by voicing their support for, or opposition to, Assembly Speaker Sheldon Silver. The Joint Commission on Public Ethics (JCOPE) has found that Speaker Silver launched a wide-ranging cover-up of a sexual harassment scandal involving recently resigned Assemblyman Vito Lopez, which included the use of taxpayer dollars as hush money. In 2001, the speaker helped shield his chief counsel, Michael Boxley, from sexual assault charges. Boxley was charged and found guilty of misconduct two years later.

Hawley, who has never supported Silver’s bid for speaker, is calling on the Assembly Majority to draw a line in the sand and vote him out of his leadership role.

“No woman should ever have to deal with sexual abuse in our society, let alone in the State Assembly, where public servants should be held to a higher standard,” Hawley said. “It takes tremendous courage for victims to confront their attackers; yet, time and time again, Speaker Silver has swept the acts of his members and staff under the rug.

“The Assembly Majority, who elected Silver as speaker, has been deafeningly silent on this issue,” Hawley continued. “This isn’t about politics. This is about right and wrong. I have never voted for Silver as speaker and believe he should relinquish his leadership post, and the members of his conference must publicly renounce him as well. Anything less would make them implicit in this despicable turn of events.”

Terry Platt, a landlord who owns numerous properties, says he's done investing in Genesee County.

On Tuesday, the City of Batavia Planning Board voted unanimously to disapprove Platt's proposal to convert a single family home at 316 E. Main St. into a boarding house.

"I hate to say it, because I would love to stay here and spend my money in the city, but after today, I think they've proved to me that Terry Platt's not wanted in this city," Platt said. "Therefore I will be looking to sell some things, but keep many so I can keep the income and take it to a different city that deserves it."

According to Platt, he put down $5,000 on a purchase offer for the property after city officials assured him the parcel was properly zoned for a rooming house and approval of his application wouldn't be a problem.

Then, last Friday, in a meeting with the city, he got the impression the attitude had changed.  Sudden, he said, city officials had found laws that limit the size of the rooming house.

He was told that instead of 12 rooms, he could only have nine, if approved.

At Tuesday's meeting, council members Rose Mary Christian and Kathy Briggs, along with John Roach and two neighboring property owners spoke against Platt's plans.

Christian noted that 316 E. Main St. is next to a pair of well-maintained Victorian-era houses, including one that won an award from the Landmark Society this year.

"These are extraordinary properties that are well maintained and cared for by the owners," Christian said.

Both Christian and Briggs noted that converting a single-family home to a multi-unit dwelling goes against the city's recently adopted strategic plan, which aims to convert many of the existing apartment buildings that were once single-family homes back to single-family homes.

Roach objected to the idea that Platt would likely take in NYS parolees as tenants.

Christian noted that some of Platt's properties have sex offenders living in the dwellings.

April Walroot, Platt's property manager, said out of the 28 rooms the company has rented now, only four are the homes of registered sex offenders.

She also said that because the house is within 500 feet of a school -- St. Joseph's -- NYS Parole won't allow sex offenders to be placed in the residence.

According to this online mapping tool, St. Joe's is more than 800 feet from the house, as is the Richmond Memorial Library. 

Elizabeth Jess, who recently acquired the red brick home next to 316, said she and her husband bought it because the neighboring homes were single family and well maintained. She said she was worried about sex offenders moving into a residence next to her family.

"If there was ever any indication this could happen, we never would have bought this home," she said.

The Bialys, who own the recently designated Landmark home, have invested thousands and thousands of dollars into maintaining their house and they are concerned that putting a rooming house two doors down from their home would diminish the value.

Platt said, yes, his company does work with NYS Parole to find homes for former prison inmates. He also said all of his rooming homes are supervised and there are rules enforced on the residents. There's a strong motivation to obey the rules, Platt said, because offenses get reported back to parole officers.

It's an advantage to the city, he said, to have parolees living at his properties rather than elsewhere in the city because they are expected to follow certain rules and are monitored by the property manager.

The conversion also fits within the city's strategic plan, Platt said, because they city wants more residents downtown.

"We have a location downtown where people will be able to walk to everything and be able to spend their money downtown, keep the traffic downtown," Pratt said. "It will be a positive for the city."

After the application was denied, Pratt talked of possible legal action. He said he will consult with an attorney.

He feels there is an issue with the city giving him indications it would be approved and then, from his point of view, changing the rules at the last minute, and he also feels the city is discriminating against a certain class of people.

"There is a shortage of this type of housing for the good people who need a place to live," Platt said.

The denial is just one more piece of evidence, Platt said, that the city doesn't want him around so he's going to stop investing his money locally.

"It's pretty obvious the City has made many gestures and many ways to let Terry Platt know he's not wanted in the City of Batavia," Platt said.

Asked if the City isn't also making it harder for other landlords to do business, or was he just being singled out, Platt said, "It has lot to do with Terry Platt and his rooming houses, because how can they let a single-family home on Oak Street be converted to a rooming house several years ago and now all the sudden they don't want to see rooming houses near downtown where they need the traffic?"

City Fire Department is on scene in the area of Woodrow Road and Soccio Street, Batavia, where white smoke is seen coming from the second-floor window of a residence.

UPDATE 8:54 a.m.: It's a dryer fire.

UPDATE 8:55 a.m.: Third platoon to stand by at headquarters.

UPDATE 8:56 a.m.: Fire is out.Ventilating.

UPDATE 10 a.m.: City fire back in service.

Chad M. Johnston, 27, of 15 N. Lyon St., Batavia, is charged with criminal possession of a controlled substance, 7th, public appearance under the influence of a narcotic and possession of a hypodermic needle. Johnston was observed at 10:15 p.m., Monday, on Liberty Street by Officer James DeFreze, under the apparent influence of a drug. Upon investigation, Johnson was allegedly found in possession of heroin and a needle.

David Michael Robinson, 51, of Lake Street Road, Le Roy, is charged with forcible touching. Robinson is accused of touching the intimate body parts of another person after being told not to do so.

A 16-year-old and a 17-year-old resident of Porter Avenue are both charged with criminal mischief, 3rd, criminal tampering, 3rd, and unlawful possession of marijuana (16-year-old only). The youths are accused of going into the bedroom of their sister and brother-in-law and damaging all of their personal property, throwing everything on to the floor and down a stairwell. A marijuana pipe was found at the residence of the youth while Officer James DeFreze was at the location questioning the 16-year-old.

Jessica R Johns, 30, of 122 Jackson St., lower, Batavia, was arrested on a warrant out of City Court related to a DWI charge. Johns allegedly failed to report to jail. She was jailed on $5,000 cash bail or $10,000 bond.

Photo and information submitted by Anne Stefaniak.

On May 18 and 19, Genesee Storm 14-U Girls Softball Team played its first tournament, the 2013 Orchard Park Softball Tournament. The team was formed in 2012. 

The tournament was played at Brush Mountain Park in Orchard Park. The girls won all three of their games on Saturday, beating Oakville (Canada) 12-3, Evans Storm 10-8, and the Cheektowaga Crabapples 10-2. 

Their winning streak continued through the semifinals game Sunday, beating the West Seneca Dazzlers 14-7.

The championship game was a hard fought defensive battle with the Genesee Storm leading the powerhouse Lancaster Heat after 4 innings 3-1. A few well-placed hits by the Heat ended the game 6-3, handing the Storm its first loss and second place in the tournament.

Team members pictured include; front row -- Ryann Stefaniak (Batavia) and Madison LaGrou (Oakfield). Back row -- Alex Reigle (Elba), Taylor Stefaniak (Batavia), Tabitha Golda (Elba), Carlie Bogue (Elba), Bri Janes (Batavia), Alisha Scroger (Medina), Anna Kabel (Oakfield), Hannah LaGrou (Oakfield) and Alyssa Meyer (Attica), -- not pictured is Hannah Bowen (Batavia). Team coaches are Rich Stefaniak, Eric Klotzbach, Paul Schwartzmeyer, and Mark Janes.

The Storm will be playing next in the 17th Annual Coca-Cola Classic Tournament at Walden Pond Park in Lancaster on June 1 and 2.

A 29-year-old Gilbert Street resident ahs been accused of sexually assaulting another Gilbert Street resident May 9 and is being held without bail on felony charges.

Charles D. Johnson, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, is charged with predatory sexual abuse, a Class A-II violent felony, burglary in the first degree, a Class B violent felony, and criminal possession of a weapon, a Class D felony.

Johnson's arrest came at the end of a two-week investigation that Le Roy PD described in a press release as "intensive" and involving assistance from law enforcement in multiple jurisdictions.

Among the cooperating agencies was the Florida DNA Databank.

Johnson is accused of busting into the residence of a woman on Gilbert Street and sexually assaulting her at knife point.

In its press release, Le Roy PD praised the bravery of the victim "who was placed into a violent situation and handled herself with dignity."

Assisting Le Roy PD were officials at the state and national level who, Le Roy PD said, "understood the seriousness of this crime and worked cooperatively together to assist the victim, gather and process the evidence, identify witnesses and a suspect and eventually make an arrest."

Immediately after the crime was reported, police responded from Le Roy and the Sheriff's Office along with the K-9 units from the State Police and Monroe County to conduct a search for the assilant.

The Genesee County and Monroe County reap crisis agencies also assisted.

Also involved were the Monroe County Crime Lab, NYSP Crime Lab and the District Attorney's Office.

According to the unofficial vote count released by the Batavia City School District, voters approved the district's budget and approved the capital project.

The $41,981,241 spending plan received 505 yes votes to 201 no votes.

The $3.8 million capital project was approved 454 yes votes to 233 no votes.

Also approved 557 to 128 was a change to the transportation plan.

For the results of school district votes throughout Genesee County, WBTA, The Batavian's official news partner, is tracking the results: click here.

An arrest has been made in the home invasion sexual assault reported in Le Roy earlier this month, according to Le Roy PD Chief Chris Hayward.

Hayward said the suspect is being processed and there will be no details released for at least several hours.

The arrest was made within the past 45 minutes.

Village of Le Roy Mayor Greg Rogers purchases a poppy from Sundae Duyssen, Miss Poppy, American Legion Auxiliary Unit 576.

Photo and information below submitted by Suzanne Duyssen.

Sundae is a first-grade student at Wolcott Street School in Le Roy. She dances ballet at Fusion Dance and participates in many events/walks for muscular dystrophy and many other causes. Sundae loves school, country music, playing games, shopping and art. She is very excited to be Miss Poppy 2013 and represent the Le Roy American Legion and its many members by helping distribute poppies at TOPS in Le Roy on Saturday and marching in the Memorial Day Parade with many of her family members. Sundae’s great-aunt, Maureen Maher, was a past Miss Poppy.

Sundae is the daughter of Dan and Suzanne Duyssen, of Le Roy, and sister of Jack Duyssen. She is the granddaughter of Bob and Ann Duyssen, of Le Roy, and Rose (and the late Pat) Maher, of Bergen. Sundae is also the great-granddaughter of Dorothy (and the late Elliot) Pickell and Kathleen (and the late Robert) Maher.

A 26-year-old Stafford resident is looking at $6,184 in restitution to the Department of Social Services and possibly six months in jail after pleading guilty Monday to a single felony count of offering a false instrument for filing, 1st.

Stacy Patterson was originally charged with four counts of offering a false instrument for filing.

As part of the plea deal, Patterson is ineligible for future social services payments.

Patterson submitted various forms to DSS from October 2010 through October 2011 and in the process failed to report her husband's wages from his employment.

Patterson was receiving food stamps at the time.

Sentencing is set for 9:30 a.m., July 15.