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Frank S. Smith, 18, of Lake Avenue, Perry; Zachary J. Ayres, 18, of Caswell Road, Byron; Thomas E. Hayes, 20, of Dellinger Avenue, Batavia; Matthew W. Ianiro, 17, of Elm Street, Le Roy; Maria L. Martinez, 16, of Horseshoe Lake Road, Batavia; and Adrienne S. Bechtold, 16, of Vine Street, Batavia, are all charged with criminal trespass, 2nd. Smith is additionally charged with unlawful possession of marijuana and unlawful possession of alcohol under age 21. Ayres and Hayes were charged with unlawful possession of alcohol under age 21. The suspects are accused of being inside an apartment on Walnut Street at 11:40 p.m., Tuesday, without permission of the resident, who was not home at the time.

Michael James Mead, 25, of Elmwood Avenue, Rochester, is charged with criminal contempt, 2nd. Mead is accused of trying to pass a message through a third party to a person protected from contact by a court order.

Samuel Robert Thompson, 57, of Highland Avenue, Batavia, was arrested on a bench warrant out of Monroe County and turned over to Rochester. The reason for the underlying warrant was not released.

Lisa Marie Sequerth, 42, of West Main Street, Batavia, was arrested on a bench warrant for an alleged failure to pay a fine. Sequerth appeared in family court on an unrelated matter and was taken into custody for an alleged failure to pay a fine on a case in county court.

Margaret C. Henderson, 59, of Arrington Drive, Selbyville, Delaware, is charged with DWI, driving with a BAC of .08 or greater and speeding. Henderson was stopped at 7:39 p.m., Tuesday, on Route 20 in Bethany by Sgt. Greg Walker for allegedly driving 100 mph in a 55 mph zone.

Gregory Seppe, 48, of North Spruce Street, Batavia, is charged with appearing in public under the influence of narcotics. Seppe was allegedly under the influence of drugs at Prestige Crossing, Batavia, at 11:25 a.m., Aug. 15. Seppe allegedly fell off his bicycle numerous times on a public roadway endangering himself and causing a public annoyance. The case was investigated by Deputy Chris Parker, assisted by Officer Eric Hill.

Tyler Steven Prescott, 16, of Ellicott Street Road, East Bethany, is charged with criminal mischief, 3rd. Prescott is accused of participating in destruction of property at a residence in Pavilion on Aug. 11.

Two teenagers were taken to ECMC today after an ATV they were on while crossing Day Road was struck by a car.

One patient was transported by Mercy Flight.

Injured where Manual Cruz-Santiago, 15, and Vanessa Caswell, 17.

Their medical status is not currently available.

According to an accident report by Deputy Cory Mower, Cruz-Santiago and Caswell were struck on Day Road near Sprague Road by a southbound car driven by Jennifer L. Shaw, 27, of Dodgeson Road, Alexander.

No citations were issued following the accident, which was reported at 10:45 a.m.

The defense of Jacquetta Simmons, the 26-year-old Batavia resident accused of punching a 70-year-old Walmart employee on Christmas Eve, seems to rest on convincing a jury of 10 women and two men that Simmons swung her arm to escape the grasp of another woman and hit Grace Suozzi by accident.

Witness after witness today offered testimony that either contradicts or doesn't support that theory of the case.

Suozzi herself testified that she clearly saw Simmons draw her arm back to prepare a punch, causing Suozzi to try and raise her arm in a futile attempt to protect her face from the punch.

Testimony today was laced with profanity as witnesses recounted what they remember Simmons saying during an argument over producing a store receipt that escalated into the alleged assault.

Early in her testimony, Suozzi apologized to the jury for the language she would have to use, but the Italian immigrant grandmother was required to repeat one F-word after another as she recalled Simmons streaming verbal abuse.

The one profane word Suozzi didn't attribute to Simmons, the C-word, was mentioned by a young male Walmart employee, and when he uttered it, a ripple of reaction went through the mostly female jury.

Jurors were also shown three videos that captured some of what happened Dec. 24 inside and outside Walmart.

The sequences are not true video, but more like a string of still-frame pictures, making the visual record jerky and filled with gaps.

The key event of the video, when Suozzi was hit, is off to the left of the frame. It's a small portion of the frame, and with other people standing around it's hard to discern exactly what took place just prior to Simmons swinging her arm.

Numerous news outlets, including The Batavian, have requested copies of the video. Judge Robert C. Noonan said he is inclined to honor the request, considering the video at this point to be public record. But defense attorney Earl Key, who said already he opposes the release, will be able file a formal motion against the release in the morning, if he chooses.

The first witness called by the prosecution was James Gayton, of Batavia. Gayton said he and his finance were in the next check-out line over when he heard somebody starting to yell profanities.

"I don't need no fucking receipt," is what he said he heard.

He was close enough, he said, to hear the man with Simmons -- identified as her brother Isaac -- on the phone saying, "Mom, come quick. Jac's flipping out at the cash register and we need a receipt."

He said after he saw Simmons hit Suozzi, the brother and sister ran from the store and he ran after them. 

Simmons had parked the minivan she was driving in a handicapped spot -- her mother is reportedly handicapped -- Gayton said, and there was another car parked at an angle, apparently illegally. Gayton said he convinced that driver to back up so Simmons was unable to pull the minivan forward. When a truck came down the parking lane, he convinced the driver to park behind Simmons' van.

Somebody else grabbed the car keys from Simmons (another witness testified the keys may have been taken from the van's ignition). Simmons and her brother then began walking away from the minivan but store patrons pursued them.

Gayton testified that at no time did he see anybody, inside or outside the store, grab Simmons.

His finance, Nichole Newton, also testified that she didn't see anybody grab Simmons.

Newton testified that she heard Isaac Simmons on the phone while in the parking lot talking on his mobile phone, saying, "She punched an old lady, Mom. You need to come. She punched an old lady and she's going to jail."

The next witness was Alex Derefinko.

He said he became aware of the argument while he was in the store when he heard Simmons say repeatedly, "Give me my shit, bitch."

He said the observed a Walmart employee trying to ask Simmons something, but Simmons continued to yell profanities at her.

He said he had turned away for a second to complete his own purchase and when he turned back, he saw Suozzi get hit and go flying across the store floor.

Under cross examination by Key, Derefinko said he didn't see anybody standing next to Simmons prior to the punch being thrown.

Sharon Reigle, a Walmart customer service manager, testified that she came to Suozzi's register after she heard a call on her walkie-talkie for another CSM to respond.

When Reigle arrived, she said, Suozzi was behind her register, holding a bag of merchandise and Simmons was yelling at Suozzi.

"I wanted to try and defuse the situation," Reigle said.

While Reigle said after eight months she couldn't remember exact phrases and sentences used by Simmons, she said Simmons dropped F-bombs multiple times.

A video taken from a camera directly above Suozzi's register reveals, according to Reigle's testimony, Suozzi standing at her register holding the bag of items purchased by Simmons and Suozzi discussing the matter with a person who is off camera (Reigle said the person was Simmons). Reigle is off camera as well.

At one point, it appears that Suozzi points her finger at Simmons.

A few seconds later there is a hand that reaches out toward Suozzi. It happens so fast and the video so choppy, it's hard to see. Then Reigle's arm is clearly seen outstretched toward Suozzi.

Reigle said she reached out because she was trying to protect Suozzi.

As soon as the bag of merchandise is snatched from Suozzi's hand -- Suozzi is still holding the plastic handles -- Suozzi is seen leaving the area behind her register and heading in the direction Simmons was apparently standing.

On cross examination, Key focused on why Reigle reached out toward Suozzi.  He expressed doubt that the motion was meant to protect Suozzi since Simmons wasn't making a motion toward Suozzi's face, but rather reaching toward her waist where she held the bag.

Key drew out from Reigle that it is against store policy for an employee to touch a customer and that such an offense could lead to immediate termination.

In questioning, Key tried to determine whether Reigle was attempting to touch Simmons as she reached for the bag.

Key then turned his attention to the video that shows the wider in-store angle.

Prompted by Key's question, Reigle identified herself as the woman in the maroon blouse who was implicated in Ann Nichol's opening statement as the person who grabbed Simmons' arm just prior to Suozzi being hit.

In response to Key's questions, Reigle denied laying a hand on Simmons.

Under questioning, Reigle also identified two of Walmart's undercover loss prevention officers. She also admitted that it's store policy that when CSMs are dealing with combative customers, the lost prevention officers should be summoned because they have more experience and training in dealing with difficult customers.

Reigle said she wasn't aware of the loss prevention officers being requested to the scene.

Next on the stand was Suozzi herself.

Cianfrini opened her questioning by asking about Suozzi's personal history, which begins in Italy on Dec. 9, 1941, when she was born.

Eight years later, her entire family -- two parents and seven children -- entered America through Ellis Island (for "freedom" Suozzi said).

One of her proudest days was the day, when pregnant with her first child, she received her official citizenship document.

Suozzi has been a member of St. Anthony's/Resurrection Parish ever since coming to America.

When it came to describing the events of Dec. 24, Suozzi said after Simmons paid for the hot chicken she and her brother purchased, she noticed Isaac Simmons was carrying a Walmart bag with merchandise in it.

The items were reportedly purchased by Jacquetta and Isaac several minutes earlier when they went through Lane One. They were going through Suozzi's lane, Lane Two, after deciding to purchase some hot chicken.

Suozzi said Isaac readily handed over the bag, but when she asked Simmons for a receipt, the first words out of Simmons mouth, she said, were "Fuck you. I don’t have to show you any fucking receipt."

Suozzi said Simmons used the F-word at least a dozen times.

"If we ever used that word at Walmart, we would be fired on the spot," Suozzi said.

According to Suozzi, the local Walmart store initiated a policy five months prior to the incident of cashiers asking to see receipts when encountering customers with Walmart bags filled with merchandise.

Both under questioning from Cianfrini and from Key, Suozzi did not seem to understand questions about what her policy training was when a customer refused to produce a receipt or becomes confrontational over the issue.

Suozzi said Christmas Eve was the first time in her experience a customer had refused to produce a receipt when asked.

Key asked that since the policy was only five-months old, surely there hasn't been many opportunities for Suozzi to ask a customer to produce a receipt. "It must be rare," Key said. "No, it's not rare," Suozzi replied.

After the incident started, Suozzi tried to summon help from a customer service manager. The process for requesting CSM help is for the cashier to input a code into the cash register, which Suozzi said she did three times.

"I just wanted to hurry her over so the customer wouldn't have to wait," Suozzi said.

While waiting for a CSM, Suozzi rang up purchases from two more customers.

During the process, she continued to hold Simmons' bag.

When asked why, Suozzi said she thought it would be rude to put a customer's bag on the floor and she had no place else to put it.

"Out of courtesy, I thought it was the right thing to do," Suozzi said.

While waiting, Simmons continued to hurl profanities at her, Suozzi said.

"How did that make you feel, to hear the F-word in your presence?" Cianfrini asked.

"It was humiliating," Suozzi said, "embarrassing."

After a pause, she added, "I was embarrassed for the customers who had to listen to that."

Suozzi admitted her exact memory is fuzzy on the sequence of events after the bag of merchandise was grabbed from her hand, but she did say she remembered two things clearly: Simmons calling her a "fucking white bitch" and just before hitting her, she saw Simmons draw her arm back, make a fist and start her swing.

As the swing came forward, Suozzi said she tried to raise her arm to protect herself.

At no time, Suozzi said, did she see anybody grab Simmons by the arm.

About the only time Suozzi cried on the stand was when recalling a nurse who came to her aid after she was hit.

"I remember a lady knelt right beside me and said she was a nurse, I don't remember from where, Michigan or Massachusetts, and she asked me not to move and she asked me if my back hurt or if my shoulder hurt and told me to stay still," Suozzi said. "She was a very kind lady. I wish I had gotten her name."

The first feeling Suozzi said she remembers was feeling numb. Later, when transported by ambulance to UMMC, she said the pain in her face, on a scale of 1 to 10 was an 8. By the time she was in the emergency room it was 9 or 10.

Under questioning from Cianfrini, Suozzi said she continues to suffer aliments from being hit to this day and continues to take Tylenol to help manage the pain.

For months she saw white light flashes and though the flashes stlll occur, they are not as frequent or intense.

She still feels pressure on the left side of her head, has blood pressure problems and is scared to leave her house.

"I haven't slept a whole night since the incident," Suozzi said. "I sleep sound for two hours and then I'm up for three hours and all I can think about is the assault."

Ann Nichols handled the cross-examination of Suozzi and she focused on a statement Suozzi made to State Police while in the emergency room. Nichols tried to get Suozzi to admit that she told a trooper that she "took the bag" from Isaac Simmons.

Suozzi told Nichols that the receipt check policy was communicated to her verbally and she was given no other instructions.

After Suozzi's testimony, another cashier, Dylan Phillips, took the stand.

Phillps said he was just starting his break, buying a few personal items in check out lane five or six, when he heard yelling. He moved to another vantage point, but not necessarily closer to the action and watched what was going on.

He said he heard Simmons direct the C-word at Suozzi.

Key wanted to know where Reigle was standing in relation to Simmons just before Suozzi was hit.

Using the podium as a prop, Key asked Phillips to tell him were to stand. Phillips directed Key to move a couple of steps forward. Phillips said Reigle was three or four feet away from Simmons.

With that response, Key sharply turned on his heels toward the defense table and said, "Nothing further for this witness, your honor."

Following Phillips was Lisa Biegaswiecz, a cousin by marriage of Suozzi's who happened to be in the checkout line behind Simmons.

She said Suozzi politely asked Simmons for a receipt and Simmons immediately became confrontational.

Biegaswiecz quoted very little profanity from Simmons but said she did hear something like "fucking white ..." but couldn't hear the next word.

She also said she didn't see anybody grab Simmons and she saw Simmons draw her arm back and make a fist.

The trial resumes at 10 a.m., Thursday. Judge Noonan told jurors he expects a full day of testimony and evidence presentation, but that he still thinks the trial will wrap up by Friday.

An ATV rider was reportedly struck by a car on Day Road north of Sprague Road, Alexander, at 10:45 a.m.

Alexander Fire Department responded to the call and Mercy Flight was dispatched at 10:55 a.m. and the patient was flown to ECMC at 11:15 a.m..

No further information has been released yet.

At 11:31 a.m., a car went over a guard rail on Route 19 just south of North Road. Le Roy Fire and Le Roy Ambulance were dispatched. A Mercy Flight bird out of Canandaigua was dispatched to this call.

No further information has yet been released.

In her opening statement, defense attorney Ann Nichols told the jury in the Jacquetta Simmons trial this morning that her client didn't intend to hit a 70-year-old Walmart employee on Christmas Eve.

Nichols said when Simmons tried to leave Walmart after producing a receipt for her purchases, a woman in a yellow maroon blouse grabbed her arm and Simmons tried to pull free and her arm swung around at struck Grace Souzzi as Souzzi stepped from behind her register.

"This is an unfortunate accident," Nichols said.

During her opening, Nichols described a several-minute event that began with Simmons and her brother Isaac purchasing grocery items in lane one at Walmart and then after spotting some hot chicken for sale decided to return to lane two, where Souzzi was working, and pay for the chicken.

After a quick transaction to pay for the chicken, Simmons and her brother started to leave and Souzzi pointed at the bag in Isaac's hand and asked to see a receipt.

Nichols said the surveillance video will show Simmons looking in her pockets for the receipt when Souzzi comes out from behind her register stand and grabs the bag. She said Souzzi continued to hold the bag while checking out other customers.

Over the next couple of minutes, other managers come to the register, one or two leave and come back, while Simmons continues to look for the receipt for her initial purchase.

Souzzi places the bag under her register, according to Nichols, and seconds later Simmons finds the receipt and held it up for Souzzi to see.

"But that's not good enough for Grace," Nichols said. "She wants to physically hold the receipt."

Souzzi then takes the bag into her hand again and places it on the counter.

At that point, Simmons grabs her bag and tries to leave. Nichols said Souzzi reached for the bag, the bag started to tear. Nichols said Simmons cradles the bag in her arm.

As she's trying to leave, the scene has attracted a lot of attention and there are more managers and other people around and these people are starting to get involved, grabbing at Simmons.

At that point, the video will show a person grabbing Simmons' arm, Nichols said, and Souzzi steps out from behind her register walks into Simmon's arm swinging forward.

"It was no roundhouse punch," said Nichols, countering a statement by Assistant District Attorney Melissa Cianfrini in her opening statement.

In her opening, Cianfrini described the kind of day Souzzi expected to lead on Christmas Eve, cooking for her family after work and attending Christmas Eve Mass.

"What Mrs. Souzzi didn't know was in the next few minutes, her best laid plans would be ruined and her life would be forever changed," Cianfrini said.

After describing Souzzi's injuries, Cianfrini said, "She would not have Christmas dinner with her family and she would not be able to attend Christmas Eve or Christmas Day Mass for the first time in her life."

"All of this happened," Cianfrini added, "because Mrs. Souzzi made a simple request, to see a receipt."

Cianfrini said witnesses will describe Simmons as angry and yelling profanities throughout the confrontation.

"Rather than produce a receipt that she did have," Cianfrini said. "She delivered a crushing blow with a closed fist to Mrs. Souzzi's face. This wasn't a hit. It wasn't a slap. This was an intentional and vicious roundhouse punch to her face."

Cianfrini said she is confident the evidence will show Simmons intended to physically injure Souzzi.

The trial is currently ongoing with the first prosecution witness on the stand.

Earlier this morning, a Batavia PD officer responded 138 Jackson St. for a report of sporting goods strewn across the lawn.

A police officer secured a golf bag containing golf clubs and a tackle box.

The reader who alerted us to this discovery suggested the items might be stolen and perhaps a crime victim might want to know what happened to his or her items.

The sporting goods have been secured in the found property room at Batavia PD.

There were also a couple of morning reports of overnight thefts. An Elm Street resident reports having two large flower pots stolen and another city resident said a GPS unit and other items were stolen from his car.

A Genesee County resident was shocked earlier this month to find that two of her debit cards had been used to make unauthorized purchases at locations as far away as France and Texas.

Apparently the thieves obtained her cards with a bit of technology, though which technology was used in this case is unclear.

Criminals can use several methods to obtain ATM card numbers. The most common is known as skimming, which involves hooking a dummy reader up to an ATM machine.

Less common is using a device that reads RFID signals (radio frequency) that some cards emit (RFID signals are much more common on credit cards and hardly used by banks on ATM cards, according to a security expert).

The local woman first thought somebody scanned her purse, but at the request of The Batavian, contacted her banks and found her debit cards do not have RFID chips.

The woman carries two debit cards, one from TD Bank of the North and one from First Niagara. She said she rarely uses the First Niagara card and hadn't used it for several weeks prior to it being compromised.

That's why the woman doesn't think her cards were skimmed at an ATM machine.

A TD bank customer service agent told her that some stores keep ATM card numbers in their system for up to six months, which could be the source of a security breach (hackers could gain access to the system, or an unscrupulous store employee to look up the numbers).

The woman contacted The Batavian after filing a complaint with the Sheriff's Office because of a local news report about skimming at two M&T Bank branches, one in Corfu and another in Oakfield.

Undersheriff William Sheron said local law enforcement has received no confirmation of any skimming victims in Genesee County, except for the possible case of the woman who filed the complaint Monday.

Regardless of the amount of skimming taking place locally, it is a fraud consumers should be concerned about, security experts warn.

In January, Bank Info Security predicted 2012 would be the year of skimming.

In order to skim card numbers from unsuspecting bank customers, a criminal places a disguised card reader on an ATM machine. The devices are often manufactured by criminals to seamlessly integrate into the bank's ATM machine, making them very hard for an unsuspecting ATM customer to detect.

The criminal must also place a hidden camera in an appropriate location in order to capture users inputting PIN numbers.

Robert Siciliano, a McAfee identity theft expert, said most criminals who set up skimming devices know how to avoid being detected by ATM security cameras when placing and removing a device on an ATM machine, and the devices are left on machines for no more than a couple of hours.

Siciliano said if a consumer suspects a device has been connected to a machine, they can usually jiggle it loose.

There are several ways consumers can protect themselves from debit card fraud.

First, Siciliano said, don't use a debit card. Siciliano said he only carries credit cards, uses those for all of his electronic purchases and then pays off the cards each month.

Credit card agreements, by law, have better consumer protection rules, he said. For example, consumers have up to 60 days to detect and report an unauthorized transaction, whereas most bank agreements on debit cards give consumers only a matter of days to report fraudulent use of their cards.

If you do use a debit card, you should be checking your bank statements online frequently to more quickly detect unauthorized transactions, Siciliano said, certainly at least every two weeks.

It's best never to swipe your debit card for purchases, Siciliano said. Don't use them in place of a check. Not only might there be a skimming device attached -- such as at a gas station -- to the purchase point machine, the numbers are stored in computer systems that can be compromised.

If you use your card at a bank ATM machine, always use your free hand to cover the entry of your PIN number. While some skimming devices include overlays for keypads, they are rare, Siciliano said. The most common way to capture a PIN number is with a hidden camera.

For the local woman who had her identity stolen, it's been a major frustration, she said.

Because she feared all of the debit and credit cards in her purse were compromised -- including a card under her dad's name with a large line of credit she uses for any emergency care for her father -- she cancelled all of her cards.

The thieves placed a nearly $2,000 charge in France on her primary debit card and tried to make another $1,000 charge at another location (by then both her available funds and overdraft protection were used up).

Fortunately, she said, she had made her $500 house payment just a day or two before the unauthorized charges were made or she would really be in a serious financial bind, she said.

On her First Niagara card, fraudsters tried placing charges in Texas and Wisconsin, but First Niagara rejected the charges. Still, she has to wait up to 10 days for a new card in that account.

She also had to cancel her direct deposit for her paychecks on her primary bank account and request paper checks from her employer until her bank accounts are re-secured.

The main reason she contacted The Batavian, she said, is she thought people should be warned these kinds of scams can take place locally.

"I had heard about this on the news last year, but you never think it would happen to you in a small town like Batavia," she said.

A two-car accident is reported at Lewiston Road and West Main Street.

Law enforcement is on scene, reporting no apparent injuries, though air bags were deployed.

The accident is blocking.

Town of Batavia fire dispatched.

UPDATE: One patient was transported to UMMC with minor injuries.

Pavilion Fire Department is requested to the scene of 11304 Starr Road, the location of last night's barn fire, for an apparent rekindle of the fire.

UPDATE 8:10 a.m.: A chief on scene reports a couple of hot spots have flared and only one engine is required to deal with the situation.

UPDATE 8:45 a.m.: Pavilion fire is clear the scene and back in service.

Jason Lang, the local businessman who caught got up in using bath salts and still faces some criminal charges that appear to stem from his use of the chemical substances, is doing much better, according to family members.

Lang appeared in Town of Batavia Court on Tuesday, which is a big step forward from July 17, when he didn't make it for a scheduled appearance, but did meet with reporters in the court parking lot minutes after his attorney left the facility.

Observers at the courthouse said Lang looks much healthier and his mother and sister say his mental outlook and demeanor have improved.

Today's court appearance was to answer to charges stemming from an alleged phone call he made to the owner of 400 Ellicott Street attempting to convince the landlord not to rent to The 420 Emporium. Lang allegedly posed as a State Police investigator and said the 420 sold synthetic marijuana.

The case was continued until 3 p.m., Tuesday, Sept. 18.

In the weeks following his alleged impersonation, Lang's name or his home address came up several times in calls on the police scanner for incidents that give the appearance of being related to bath salt use, including a report of Lang saying he heard gun shots at a local hotel. For that call, Lang was eventually charged with filing a false report and harassment, 2nd.

Since the last week of July, there have been no reported bath salt related calls connected with Lang's name.

Lang's mother, Nicole, said today that since the 420 closed, her son has not been using bath salts.

"He’s doing pretty good," Nicole Lang said. "He’s doing a lot better than he was doing. Now that the emporium is shut, I think it’s made a big difference."

Brandi Smith, Lang's sister, agreed.

She said in recent weeks, she's been able to talk with her brother on a daily basis, something they used to do but stopped doing for the time Lang appeared to be using bath salts.

Jason Lang has been going to daily sessions at GCASA, she said.

"The other day I drove past GCASA and I saw his car parked out front and it just brought a huge smile to my face to know that he’s going every day and he’s getting help," Smith said.

"Bath salts" is a generic media term for a class of substances that are sold under a broad range of product names and claims but when consumed cause stimulation, euphoria, hallucinations along with paranoia, agitation and fear.

The substances, meant to mimic drugs that were already outlawed, can also be highly addictive.

At one time, Jason Lang owned the Batavia Cab Company and the Laughing Buddha.

Lang has previously admitted to selling both bath salts and synthetic marijuana at the buddha.

Both companies went out of business about the time it became public knowledge that Lang was getting into trouble with the law.

During the seeming height of Jason Lang's contact with local law enforcement, Nicole Lang went to The 420 Emporium at 400 Ellicott St., Batavia, and demanded employees stop selling bath salts to her son.

She was convinced if it continued, her son wouldn't survive.

On Tuesday, prosecutors dropped the trespass charge against Nichole Lang stemming from that confrontation at the 420.

A couple of weeks after the confrontation, the 420 was raided by the DEA and its doors have been closed since.

The raid and the increased awareness about the dangers of bath salts, Smith said, have been a good thing for the Batavia community.

"It has really helped our community," Smith said. "Like I said, it’s harder for these people to find it and it pushes them to get clean quicker. Overall, I think our community is doing much better."

In general, Smith said, her brother's outlook has improved, he's much less paranoid -- though some paranoia lingers -- and he has a better grasp on reality.

She said it's good to have her bother back.

With the Lang family getting so much media attention in July, Gov. Andrew Cuomo's office invited Smith to be part of his press conference in Buffalo earlier this month to announce new penalties in New York for the possession and sale of "bath salts."

Smith said it was a real honor to be included and get a chance to share with people about what the now-banned substances have done to her family.

"Unfortunately, we’ve had to live through it, but it has been a learning experience," Smith said. "I’m thankful for each person that I can maybe give some advice to and help them because we have been through this. Unfortunately, we had to live through it but I think by going through it, it makes us stronger and we’re able to help more people."

A Batavia man who escaped a fiery crash unscathed Sunday night in Orleans County is facing DWI charges.

Keith Stevens, 57, reportedly crashed his vehicle on South Holley Road after failing to negotiate a curve.

His Pontiac Grand Prix caught fire after the car hit a sign, a utility pole and a tree.

Stevens was uninjured, but will appear in Clarendon Town Court on Sept. 10 to answer to the charges.

(via WBTA)

A caller reports that two children, about ages 8 or 9, have been left in a red BMW in the Batavia Downs parking lot while their father -- or presumed father -- has walked into the casino.

A deputy is responding.

UPDATE 1:42 a.m.: It was a tow-truck driver who made the initial report. The driver did not initially see that mom was also in the car. All three people, mom and the two children, were sleeping under a blanket in the car.

A passerby who spotted the early stages of a barn fire on Starr Road in Pavilion on Tuesday night might have helped save 37 head of cattle.

Two sons of the farm owner were able to get the cattle out of the barn before it was engulfed in an inferno that consumed the entire structure.

Pavilion Fire Chief Paul Dougherty said the main structure of the barn was fully ablaze by the time the first firefighters arrived on scene just minutes after the initial call at 8:18 p.m.

The heat was so intense it was already starting to melt the vinyl siding on a house at least 100 yards away from the barn.

The command post for the fire, situated on a mowed grass area across the road from the fire, had to be moved back twice because of intense heat.

"With that much fire load going, the wood and combustibles all burning at once -- plus the the fact was a metal-sided building, which contains the heat until it burns through, and then once it does burn through it all comes out at once – it throws a lot of radiant," Dougherty said.

The barn was on the Kelkenberg Farm and Dougherty said the owners were "very lucky" the fire was discovered when it was. That portion of Starr Road, Dougherty noted, is lightly traveled in the late evening.

There is no public water in that part of Pavilion (as is the case with most of the Pavilion Fire District) and because of the low precipitation totals over the past year, the two closest water sources didn't have sufficient water to help fill tankers to fight the fire.

Firefighters had to fall back on slightly more distant secondary water supplies, but Dougherty said that since the fire spread so quickly after its intial discovery, even a good water supply wouldn't have helped save the structure.

Fire companies from three counties responded to the fire.

There was no saving the barn, Doughety said.

"At that point our big concern was keeping primary power lines cool so they didn’t drop in the road because that would have been dangerous for everybody on both sides, and then protecting the house," Dougherty said.

At 12:20 a.m., firefighters are still on scene. No cause of the fire has been released. The Sheriff's Office will likely release an initial report on the fire by the morning and we'll update this story with any additional information or details when they become available.

UPDATE 10:09 a.m., Wednesday: The cause of the fire has not been determined and remains under investigation, the Sheriff's Office said today. Investigators do not believe there was any foul play. The structure is described as four connected wood-framed barns and buildings. The main barn was fully engulfed in flames when the first units arrived on scene. Mutual aid companies included Le Roy, Stafford, Bethany, Alexander, Warsaw, York, Leister, among others. The initial 9-1-1 call was made by Craig Green. According to a source, Dave Tillotson was also a first witness and helped with rescuing the cows.

(Initial Report)

So far, according to attorney Earl Key, Jacquetta Simmons, the 26-year-old Batavia woman accused of hitting a 70-year-old Walmart employee on Christmas Eve, hasn't had a chance to tell her side of the story.

"There's only been one side of the story up to this point reported in the media," said Key following the completion of jury selection in the Simmons case. "Our side will come out in the courtroom, not the media."

Simmons is facing one felony count of assault in the second degree with an accusation that Simmons struck a person 65 years or older while being at least 10 years younger than the alleged victim.

Simmons is accused of striking Grace Suozzi, who was working as a cashier the afternoon of Christmas Eve when she reportedly asked Simmons and her brother to produce a receipt for items in a bag her brother was carrying.

During jury selection, District Attorney Lawrence Friedman asked each prospective juror about their attitudes toward employees who ask customers to show receipts before leaving a store.

Today, one juror, who said he came into the court yesterday with no prior knowledge of the case, told Friedman that what he gathered from prior questioning of prospective jurors was that the defendant had been profiled on Christmas Eve based on her race. He said he disagreed with the practice and, after admitting he couldn't be an impartial juror, was dismissed.

Eight jurors were picked yesterday, and the final four plus three alternates were chosen today.

Yesterday during jury selection, prospective jurors were closely questioned about racial attitudes.

Today, there were few questions about race and none from defense attorney Ann Nichols, who today handled jury questioning for the Simmons team.

After court, Key reiterated that he doesn't believe the case is about race and he isn't concerned with presenting the case to an all-white jury.

"I've tried cases with an all-white jury before," Key said. "I've had black jurors convict black defendants and white jurors acquit black defendants. I don't care what color you are, so long as you're fair and impartial."

Key said all the talk about race being a factor has been in the media; it's not part of his case. Nichols added that most of the race talk around the case has been from readers leaving comments on stories on various news sites.

To the degree that race plays a factor in the case will hinge on a seemingly racially charged statement Simmons allegedly made during the confrontation.

Assistant District Attorney Melissa Cianfrini revealed the alleged statement during a hearing July 30 when arguing whether Simmons had intended to cause serious physical injury to Souzzi.

Proving intent of serious physical injury was a key part of count one of the grand jury indictment, the Class D felony of assault in the second degree, but last week Judge Robert C. Noonan ruled there was insufficient evidence to sustain the charge.

"... the evidence before the grand jury of serious physical injury was not overwhelming and established only that the victim approached the defendant and the defendant withdrew from the confrontation after throwing the punch," Noonan wrote in his decision. "The grand jury could not have reasonably inferred from such evidence that the defendant acted with the culpable mental state of intent to cause serious physical injury."

With that second-degree assault charge no longer being presented to the jury, and no requirement to prove intent to cause serious physical injury, it's unknown if the jury will even hear the alleged statement by Simmons.

Under count two of the indictment, which Noonan upheld, the prosecution need only prove intent to cause physical injury.

After count one was reduced to a Class B misdemeanor, assault 3rd, Friedman moved to have the charge dismissed and try only count two.

The trial begins at 10 a.m. Wednesday. The 12-person jury is comprised of 10 women and two men and the three alternates are women.

Key said with all the media attention the case has gotten, the past several months have been stressful for his client. She dropped out of college, Key said. She's seen ugly comments left about her online, especially on Facebook, he said, and Nichols added that she's received hate mail at home.

"She's taken it all in stride," Key said. "She's looking forward to us putting her side of the story in front of a jury."

Photo: Simmons leaves the Genesee County Courthouse during the lunch break with Nichols while a WHAM 13 cameraman photographs her, and a member of the defense team finishing hold the courthouse door.

Accused of a trespass violation, Nicole Lang entered Batavia City Court today with hands trembling, nervous about her pending case but adamant she did nothing wrong July 11 when she was accused of trespassing at The 420 Emporium.

Lang went into the store and accused an employee of selling bath salts to her son, Jason Lang.

Because police believed Lang had been ordered from the store and chose to reenter, she was given a citation for alleged trespassing.

Today, Judge Michael Del Plato, on the recommendation of the District Attorney's Office, dismissed the charge with the stipulation that Lang not be re-arrested within the next six months.

Lang has no prior criminal history.

Outside court, Lang said she was very happy about the turn of events.

Del Plato also issued an order of protection, requiring Lang not to have contact with the employee who filed the trespass complaint, Joseph Wesley.

The 420 Emporium was raided by the DEA on July 25 and has not opened its doors since. The location at 400 Ellicott St., Batavia, is apparently owned or co-owned by Joshua Denise. Denise was arrested during the DEA raid.

Jason Lang, the onetime owner of the Laughing Buddha on Ellicott Street, is scheduled to appear in Town of Batavia Court today on charges related to his alleged attempt to call the 420's landlord and suggest he was with the State Police and warn the property owner that the 420 allegedly sold synthetic marijuana.

We'll have an update on Jason Lang later today.

Twelve Genesee County residents have been selected to serve on the jury of the Jacquetta Simmons case.

A pool of potential jurors are being drawn for consideration as alternate jurors. The potential alternates will be interviewed after the lunch break.

Simmons is being tried on a single count of assault in the second degree with an accusation of being more than 10 years younger than the alleged victim who is over age 65.

The 27-year-old Batavia woman is accused of hitting a 70-year-old Walmart cashier on Christmas Eve.

UPDATE 3 p.m.: Three alternate jurors have been selected. The jury is comprised of 10 women and two men. The three alternates are women. Judge Robert C. Noonan is delivering instructions and the trial will start tomorrow.

Though it was a smaller, older crowd for the Def Leppard/Poison show at Darien Lake on Friday, the first test of cutting of pedestrian access to the concert venue went well, according to Deputy Chief Gordon Dibble.

There was only one open private parking lot on Sumner Road on Friday, Dibble said, and there was only one issue with people trying to walk onto Darien Lake property for the concert.

"I think it went very well," Dibble said.

With the private lots mostly empty, Dibble said, and without much pedestrian traffic on both Employee Road and Sumner Road, it was much easier to get traffic out of Darien Lake's lots after the concert, Dibble said.

"We got traffic out of there in record time," Dibble said.

He hopes the experience bodes well for the Jason Aldean concert Saturday, which is sold out and will have close to three times the number of cars in the parking lot.

The only private lot open Friday, Dibble said, was Cherry Hill Campground.

One family tried to access the venue on foot at the Employee Road entry on Sumner Road, Dibble said, and one of the people in the group allegedly became disruptive when authorities would not let the group walk to the concert venue.

Sarah B. Blevins, 22, of East Bayard Street Extension, Seneca Falls, was charged with disorderly conduct and resisting arrest.

During her arrest, her parents allegedly interfered with the deputies taking her into custody.

Blanca Compton, 49, and Brian L. Compton, 46, both of Route 414, Lodi, were charged with obstruction of governmental administration, 2nd, and disorderly conduct.

Dibble wasn't present at the incident and isn't awre of whether the group had prior knowledge to pedestrian access being closed for the concert.

The Sheriff's Office is investigating a Monday evening accident in the Town of Alabama that claimed the life of a 64-year-old resident of Akron.

Stanley J. Myka, of Bloomingdale Road, was pronounced dead at UMMC after the 2008 PT Cruiser he was driving left the roadway on Shanks Road and struck a utility pole.

No cause for the accident has been determined.

The accident was reported at at 7:16 p.m.

Myka, who reportedly suffered head and internal injuries, was the sole occupant of the vehicle.

The investigation is being conducted by Deputy Patrick Reeves and Deputy Kevin McCarthy. Assisting at the scene were the Alabama Volunteer Fire Department, Indian Falls Volunteer Fire Department, Pembroke Volunteer Fire Department, Mercy EMS and Mercy Flight.

(Initial Report)

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