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The staff and volunteers at the Batavia Youth Center served a traditional Thanksgiving dinner Tuesday night to about two dozen youngsters who are participants in youth center programs. Most of the meal, turkey and fixings, was prepared by Gail Stevens.

An accident with injuries has been reported on West Main Road, Le Roy.

One person reportedly has a head injury.

At least two ambulances have been requested to the scene.

Traffic is being shut down at Gilbert and at Le Roy Bethany Townline Road.

Le Roy Fire Department, Le Roy Ambulance Service and Mercy EMS dispatched.

UPDATE 8:46 p.m.: One patient is a sign-off. Mercy EMS put back in service.

Press release:

On Monday, members of the Le Roy Moose Lodge donated a dozen plush stuffed moose toys to United Memorial Medical Center’s Emergency Department. The Tommy Moose program is a national initiative started by the nonprofit Moose International. The toys are distributed to children in crisis by police officers, firefighters, emergency responders and hospitals. The friendly looking toys comfort and distract children in traumatic situations.

The toys donated to United Memorial were purchased by Moose members Judy Mills, Catherine Campbell, Shirley Schutt, Malinda Dykstra and an anonymous donor to the lodge. More information on the Tommy Moose program can be found at www.MooseIntl.org.

Pictured in the photo from right to left are Catherine Campbell, UMMC registrar, Bonnie Bezon, Emergency Room nurse manager, and Judy Mills.

Bernadette Smart sent in this photo of her son Brandon and his friend Jeryll Cherry at Tops Market on Monday where they were bell ringers for the Salvation Army. Bernadette said their video game character masks were a big hit with shoppers.

If you would like to volunteer to ring the bell for Salvation Army, contact Major Robert at 343-6284.

A two-car accident with injuries is reported on Veterans Memorial Drive in the area of Office Max and Walmart.

Town of Batavia Fire and Mercy EMS responding.

UPDATE 4:10 p.m.: Three minor injuries reported. One person with chest pain from airbag deployment and two with facial injuries.

Press release:

Join in the holiday spirit at the first “Taste of the Holidays” on Friday, Dec. 2 and Saturday, Dec. 3 in the Holiday Tent at Jackson and Main streets.

Friday, Dec. 2 (5:30 - 9 p.m.):
5:30 p.m. - Lighting of the community Christmas tree and singing of carols. Tree is next to Bank of America on Main Street.

In the Holiday Tent (6 to 9 p.m.): More than 10 great area restaurants will be providing a tasting of their menu specialties. They will be handing out coupons and selling gift certificates for the holidays. For entertainment, the OHMS Band will be performing. The cost is $5 per person and children are free.

Community bonfire on Center Street (across from Adam Miller Toy)

Saturday, Dec. 3 (11 a.m. - 3 p.m.):
In the Holiday Tent: Free holiday activities for the children, i.e. decorating ornaments and other holiday crafts). Holiday gift items for sale by local organizations. Entertainment: Bart Dentino & Kevin Huber and the McMahon Irish School of Dance.

Horse & Wagon Rides on Center Street (12 - 3 p.m.): Rides cost $1 per person with proceeds going to the Donny Carroll Toys for Kids fund.

Hosted by the Batavia Business Improvement District.

For more information visit: www.downtownbataviany.com or Facebook: downtown Batavia Business Improvement District.

The Sheriff's Office is looking for the owner of a pair of compound bows and some accessories that go with the bows.

A Good Samaritan turned in the bows after finding the items on a roadway in Genesee County.

The bows were in carrying cases.

The items apparently fell from a moving vehicle.

Also found were three water containers and a gas can.

If anyone lost this type of property, contact Deputy Frank Bordonaro, 345-3000, ext. 3229.

UPDATE 8:34 a.m., Wednesday: The owner of the bows has recovered the lost items from the Sheriff's Office.

The driver of a minivan allegedly ran a red light this morning, according to Officer Dan Coffey, causing a three-car accident that sent all three drivers to UMMC by ambulance for treatment and evaluation.

Coffey was in his patrol vehicle, westbound on Ellicott Street, waiting to make a left-hand turn when he saw the van go through the intersection.

His view was obstructed at the point of impact, but the southbound van hit one northbound car, causing it to spin around and strike another northbound car not once, but twice.

Coffey said the driver of the minivan will likely be cited for an infraction, but had not yet completed his accident report.

None of the injuries are believed to be serious.

Kurt Hamilton Hawkins Jr., 18, of State Street, Batavia, is charged with assault, 2nd. Hawkins, an inmate at the Genesee County Jail, is accused of assaulting another inmate at 4:26 p.m., Thursday. The alleged victim was treated at ECMC where he was held overnight for observation.

Sandra Louis Chilano, 51, of Dodgeson Road, Alexander, is charged with petit larceny. Chilano is accused of stealing $100 while employed at Alexander Deli as a clerk.

Ryan Christopher Riggi, 16, of Ridge Road, Lyndonville, was arrested on a warrant issued by Batavia City Drug Court. Riggi was jailed on $100,000 bail.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with harassment, 2nd. Dilcher was arrested following a complaint of harassment at 2:10 a.m., Sunday on Park Road in Batavia.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with criminal mischief 4th. Dilcher is accused of smashing the driver-side window out of a pickup truck during an argument at a location on Park Road, Batavia. He is is also charged with trespass. Dilcher was allegedly involved in an incident Nov. 20 in the Batavia Downs parking lot. Upon further investigation Deputy Joseph Graff came to believe that Dilcher had been previously banned from Batavia Downs property.

Christopher Jordan Rhodes, 41, of Transit Road, Wyoming, is charged with DWI, aggravated DWI and failure to keep right. Rhodes was stopped at 2:01 a.m., Sunday, on Lewiston Road, Batavia, by Sgt. Brian Frieday.

Zachary Michael Rebert, 20, of South Pearl Street, Oakfield, is charged with unauthorized use of a motor vehicle, 2nd, and harassment, 2nd. Rebert is accused of getting into a domestic dispute with a woman, pushing her several times and then taking her car without her consent. Rebert was jailed on $5,000 bail.

John Edward Bird, 70, of Barrville Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at a stop sign, moving from lane unsafely and driving left of pavement markings. Bird was stopped at 9:43 P.M., Saturday, on Chapel Road, Byron, by Deputy Jason Saile.

UPDATED 10:45 p.m.

If you caught Channel 8 (the Fox affiliate in Rochester) newscast tonight, you might think Batavia City Schools have just declared war on Christmas.

The on-air report explicitly accused the district of "canceling Christmas."

That's not quite accurate.

The report was based on a memo provided to district personnel last week reminding them of school policy on religious expression.

The district has had such a policy for more than 20 years, according to senior district Board Member Patrick Burk.

Superintendent Margaret Puzio said the memo was nothing out of the ordinary and is something that goes out to district staff about this time every year.

The memo is based on a policy last drafted in 2001. The policy is crafted to strike a balance between the No Child Left Behind Act (ensuring a nondiscrimination policy regarding prayer in schools), and previous legal cases based on the First Amendment.

The district's board adopted a policy prohibiting sectarian religious observance, but also ensured that individual teacher and student expressions of faith are protected.

“If I want to wear a shirt that says ‘Merry Christmas,’ I can do that," said Puzio following a district board meeting Monday night.

News 8 reported on its six o'clock broadcast:

A local school district is banning the phrase "Merry Christmas." Parents in Batavia are outraged about the new policy, which also prohibits Christmas and Hanukkah decoration in the classroom.

Parents were not notified about the new policy. 

The story quotes one parent, Lucy Hudson, and claims several teachers were upset about the policy.

When The Batavian spoke to teachers Monday evening, the teachers waiting for the school board meeting to start said they were previously aware of the policy, but thought the recent memo was meant to reinforce the religiously neutral requirements.

Prior to Monday night's school board meeting, Puzio provided The Batavian with the 10-year-old policy, and said she would speak with The Batavian after the meeting (the original version of this story was posted prior to that interview).

The policy states any school activity should neither advance nor inhibit religion, and that students should be afforded the opportunity to learn about cultural and religious traditions, respecting the beliefs of all students.

Music at a school or public event, for example, should teach musical concepts, to convey historical and cultural content or to create aesthetic experience in a setting that emphasizes artistic expression and educational value, not to promote or celebrate a religious faith.

The policy requires that the district "vigorously publicize and disseminate" the policy.

An attached, undated memo, provides further clarification on teaching religion in schools.

It reads:

"Religious symbols, such as Christmas trees, angels, menorahs, etc., should only be used as part of a unit of instruction on various world religions, not as decoration in the classroom or school. Remember, students have the right to wear religious symbols as an expression of their faith, but should not be obligated to do so."

In a section dealing with schoolwide or public events, the memo reads:

"Expressions related to specific religions, e.g., 'Merry Christmas,' should not be included in any spoken or written remarks."

Puzio explained that doesn't prevent a teacher in a private conversation with a student whom the teacher knows celebrates Christmas from saying, "Merry Christmas."

A teacher can also wear, for example, a cross on his or her lapel. 

Personal expressions of faith are protected, but the district wants to be careful from appearing, as a government entity, to be endorsing any particular religion, Puzio explained.

“For me to stand up in front of the whole group and say, ‘Merry Christmas,’ is almost like the school district putting Christmas before everything else," Puzio said.

News 8's Deanna King, a current Town of Batavia resident who mentioned in the report that she attended Batavia schools, said she sat outside Puzio's office for nearly two hours trying to get a comment from the superintendent.

Asked about making a reporter wait outside of her office, Puzio said, "It was a heck of a day.

"We had several very, very serious student issues today," Puzio said. "I was dealing with those issues, and I had to prepare for a board meeting."

After a little conversation with a board member, Puzio added, "I just really didn’t have time today. It isn’t always a matter of saying, ‘I can see the press.’ I have to prioritize, especially as it relates to students and families who have serious issues. You just can’t say, ‘Gee, I’m going to set aside this mom who really needs to talk with me about a serious issue because I want to talk to Channel 8.”

By 10:45 p.m., Monday, News 8 had modified some portions of its online report, but was sticking to the essence of its story.

UPDATE 7:12 a.m., Tuesday: News 8 reporter Deanna King sent over the following statement:

I would like to clarify a few points to my story you may have missed. Ms. Puzio confirmed that her memo was sent to each school principal and was meant to be "talking points" during a faculty meeting. I can assure you she did in fact say it "wasn't meant for public viewing" during our phone conversation. As a journalist, I would never report something that was not true. I have been in this business for over 10 years. I'm sure you have seen her memo and recognized that it differs from the actual policy. I quoted directly from the memo. Also, although the policy is not new how the district is enforcing it seems to be. I recall being at my son's Christmas concert last year and hearing the director say "Merry Christmas!" Ms. Puzio told me teachers can say "Merry Christmas" if they "are sure everybody in the room celebrates." There is also a change in the room decoration policy. Over the past 5 years I  have volunteered at several holiday parties in the district where teachers displayed decorations and it wasn't an issue.

I was notified of this controversy after several schools held meetings to address frustrations of staff members. I understand you often give your opinion on the site. I do not. I was attempting to give a fair report, but was denied by the superintendent after several requests. We offered to wait for her to finish her important business. I would not expect anyone to put an interview before the needs of a child. My photographer made a final attempt before the board meeting, but was told she wouldn't comment.

News 8 has high standards and I can assure you we confirm everything before we report it. Keep up the good work covering the news in this neck of the woods! Thank you.

Downtown is being transformed into a more festive holiday mood with Christmas lights in one of the parks, next to HSBC, and snowflakes hanging from the street lamps.

Press release:

The Genesee County Aces Robotics Team participated at the Finger Lakes First Lego League Buffalo Qualifier competition on Saturday at the Buffalo Academy of Science Charter School and won first place for Robot Performance.

They will now advance to the Finger Lakes Regional competition at the University of Rochester on Dec. 3. The winner selected at that competition will go on to participate at the World Festival in Missouri, which is an international competition.

The theme of this year’s challenge was food safety. The robots are made entirely of LEGOS and are programmed to interact with devices made of LEGOS on a table. The teams also had to research a food-contamination problem, develop a solution, and present their work to a panel of judges.

Pictured from left are: Trevor Zauner, Quinton Tarbell, Colton Tarbell (team assistant), Jomni Tarbell, Lukas Johnson and Clayton Fox.

(Submitted photo)

The widow of a Wyoming County man who died while in custody of the Genesee County jail has filed paperwork that paves the way for a possible lawsuit against Genesee County, the Democrat & Chronicle reported this morning.

A doctor who was treating Nikko Gambino questions whether Gambino -- who changed his name at some point from Robert Goering -- was given safe access to his prescription medication.

"When somebody is incarcerated you have a responsibility to avoid doing things to them that are going to lead to them dying," said (Dr. Thomas) Walters, a physician based in Livonia. "This is a predictable, preventable death."

Whether Walters' belief is true — namely, that negligence contributed to Gambino's death — could be answered by his autopsy. That autopsy, which would include toxicology results, has yet to be finalized, according to a Genesee County coroner.

As is required in all in-custody deaths, the NYS Commission of Corrections is conducting its own investigation into Gambino's death.

Gambino's wife, Holly Gambino, last month filed a notice of intent to sue the county, alleging in court papers that the death was caused "by withdrawal and other illnesses from medications wrongfully and negligently withheld and/or disallowed by the Jail."

Gambino first made the news locally when he was arrested in September 2010 for impersonating federal law enforcement agents.

He was serving an intermittent sentence in July on that conviction when he was arrested for allegedly smuggling drugs into the jail in a body cavity.

The D&C article says some or all of those drugs were his own prescription medication, which he was allegedly not being allowed to lawfully bring into the jail.

County officials were not able to comment on the case because of possible pending litigation.

One person was seriously injured Sunday morning in a two-car collision on Ledge Road, Alabama.

The cause of the accident remains under investigation.

Alabama Fire Department and Mercy EMS were dispatched to the accident at 6:21 a.m.

Gordon L. Montgomery, 53, of Batavia, was trapped in his vehicle and needed to be extricated. Montgomery was transported by Mercy EMS to ECMC where he is being treated for internal injuries.

John D. Anderson, 58, of Basom, suffered minor cuts and was treated at the scene and released.

The initial investigation indicates that Anderson was eastbound in a 2005 GMC Sierra when Montgomery's 1998 Pontiac Sunfire crossed into the eastbound lane for an undetermined reason. The two vehicles hit head on.

Also assisting at the scene were the Pembroke and Indian Falls fire departments.

There are more trees this year, and more people showed up Friday for the Wonderland of Trees gala at the Holland Land Office Museum, according to Board President Bob Turk.

The display of trees decorated by local groups and businesses runs through Jan. 3, with a children's gala set for noon to 4 p.m. on Dec. 17.

Ann Reid, representing the Genesee Symphony Orchestra, accepts a plaque to be placed on a new display of historical items and pictures donated to the Holland Land Office Museum commemorating the orchestra's long history in Genesee County.