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Batavia Downs announces increase in revenue going to education

By Howard B. Owens

Press release:

Batavia Downs Casino generated more than $11.5 million for education during the first two fiscal quarters of 2012 (January - June), according to the recently released data by the Division of Lottery. As part of Batavia Downs Casino’s ongoing support of New York’s education, 51 percent of Batavia Downs Casino net win is given to the New York Lottery.

“We’re proud to our contributions to New York State Education, year after year," said Mike Kane, president and CEO of Batavia Downs Casino.  “Compared with the revenue generated last year in the same time period, we’re looking at major growth.”

Batavia Downs’ contributions from January – June in 2011 were 9.86 million dollars, making this year’s contribution a 17-percent increase from last year.  Since opening in 2005, Batavia Downs Casino has generated more than $120 million in education funding for New York.

ATV rider accused of failure to stop for police prior to accident on Creek Road

By Howard B. Owens

An ATV rider faces multiple charges following an accident that occurred after he allegedly failed to stop for law enforcement at 2:18 p.m., Monday, on Creek Road in Batavia.

According to Deputy Chris Parker's report, Adam J. Arsenault, 26, of Hutchins Street, Batavia, was southbound on Creek Road on a 1997 Honda ATV when Parker turned on his emergency lights and attempted to initiate a traffic stop.

Arsenault allegedly failed to stop and then attempted to initiate a left-hand turn onto East Road at a speed too fast to safely complete the turn.

The ATV struck a telephone utility box and then a wire fence ejecting Arsenault.

The rider suffered non-life-threatening injuries and was transported by Mercy EMS to UMMC.

Parker issued citations to Arsenault for allegedly failure to yield to an emergency vehicle, driving an unregistered and uninsured ATV and operating an ATV on a public highway in violation of the law.

Woman admits to welfare fraud, agrees to more than $17K in restitution

By Howard B. Owens

The wife of of a man who previously admitted to welfare fraud totaling more than $17,000 entered a guilty plea Monday to one felony count of attempted grand larceny, 3rd.

Deborah Schramm, 31, faces a possible sentence of six months in jail and five years probation.

She will also be expected to help pay back $17,026.39 in social services benefits illegally obtained.

Michael Schramm, 36, entered a guilty plea July 13 to a single count of offering a false instrument for failing and agreed to pay back the $17,000 to the government.

Both were accused of seeking and accepting public assistance while Michael Schramm was working an undeclared farm job in Niagara County.

Deborah Schramm was originally charged in April with five counts of offering a false instrument for filing and one count of grand larceny, 3rd. The guilty plea Monday satisfies all charges.

Schramm is now disqualified from future food stamp and temporary assistance benefits.

Pending sentencing Oct. 10, Schramm is out of jail under the supervision of Genesee Justice.

Only one arrest reported at Iron Maiden and Alice Cooper show at Darien

By Howard B. Owens

Iron Maiden and Alice Cooper performed Monday night at the Darien Lake Performing Arts Center.

There was only one arrest and one alleged underage drinking citation issued in connection with the show by the legendary rockers.

Jose D. Garcia, 39, of South Roberts Road, Dunkirk, is charged with disorderly conduct after allegedly causing a disturbance in the parking lot.

Ryan J. Gill, 18, of Wykoff Road, Scipio, received a citation for allegedly consuming alcohol under age 21.

UMMC's emergency room handling bath salt cases on a routine basis

By Howard B. Owens

There's no doubt bath salts have added to the workload at UMMC's ER, according to Chief Medical Officer Michael Merrill.

Merrill said emergency room staff deals with patients coming into the hospital on practically a daily basis who often need to be restrained and sedated.

"We see fairly frequently individuals coming in with intoxication and basically acute psychosis from (bath salts)," Merrill said. "It's quite common."

While Merrill is not working directly in ER, so he can't confirm specifics of patient behavior, they are often described as confused, delusional and agitated.

Those are all common traits with amphetamine-type drugs taken in high doses.

"I don't think people are trying to achieve psychosis," Merrill said. "They are just looking for the high.

"What drug users do is dose themselves for drugs," Merrill added. "They make a calculation on how much they want to take and I don’t think that is an easy calculation to make."

A miscalculation leads to an overdose and the bizarre behavior now associated with bath salts.

In Batavia, recently, we've seen reports of people climbing on roofs, waving knives and calling 9-1-1 to report the sounds of gushots fired.

Talk to just about anyone about bath salts and invariably somebody mentions face eating.

Rumor has it, people high on bath salts have a propensity to try and take a bite of other people's faces.

Merrill said there's no reliable evidence that's a behavior associated with bath salts.

"I don't know if there's anything specific about bath salts that would make anybody want to bite anybody's face," Merrill said. "I know that’s in the news, but I don’t know that’s an intoxicating feature of bath salts. It’s not known to be a typical intoxicating feature of bath salts."

One interesting aspect of reports about bath salts is the patchy nature of the seeming epidemic across the United States. Some communities, such as Batavia, Utica, Fulton and even big cities such as Los Angeles, seem to have significant problems with bath salts. Yet Merrill said he talks to colleagues in places such as San Francisco and Buffalo and is told bath salt problems are rare.

Meanwhile, the Batavia Daily News reported today that 420 Emporium, 400 Ellicott St., Batavia, has been selling a bath salt known as Amped.

The story doesn't even use the word "alleged" to describe the assertion that 420 Emporium has been selling the controlled substance.

A reporter said she observed Amped transactions Saturday night and that an employee handed a package of Amped to Councilwoman Rosemary Christian after she inquired about purchasing the drug (Christian did not complete the purchase). 

An employee reportedly said the shop would continue selling Amped until today.

U.S. Attorney for Western New York William Hochul confirmed today something he told The Batavian last week, that as he understands the new law, as of July 9, when President Barack Obama signed legislation sponsored by Sen. Chuck Schumer, it is a federal crime to sell and possess bath salts.

If it's true that 420 Emporium sold bath salts through Sunday, and the law was effectively immediately upon the president's signature, any such alleged sales would be in violation of federal law.

Also, if the store employee said sales would be discontinued, he is implicitly admitting to bath salt sales prior to today. Besides the new law, bath salts were on a Drug Enforcement Administration emergency controlled substance list prior to July 9 and illegal to sell, though the federal government had a much higher bar to cross to prove any crime.

When The Batavian entered 420 Emporium today, as soon as we identified ourselves, a stocky male employee pointed to the door and said, "Have a nice day."

We asked, "Is the information in this article accurate?"

He repeated the gesture and said, "Have a nice day."

When asked if he wanted a chance to correct any issues, he said, "Please leave." 

The employee refused to answer a number of repeated questions, saying each time, "Have a nice day."

The Batavian then attempted to contact the owner of the 420 Emporium chain by calling the Brockport store and the Fulton store. Both employees took messages and the employee in Fulton offered to send a text message to the owner with our interview request. So far, the owner has not called The Batavian.

Hearing on constitutionality of elder abuse law in Simmons case delayed again

By Howard B. Owens

There is another delay for a hearing to determine the constitutionality of the elder abuse law being used to prosecute 26-year-old Jacquetta B. Simmons for allegedly punching 70-year-old Grace Suozzi on Christmas Eve at Walmart.

The Attorney General's Office, which has the option of offering its opinion on the constitutionality motion by Attorney Earl Key, contacted Judge Robert C. Noonan today and asked for more time to further review the case.

Whether the AG's office will offer a defense of the law, either in writing or in a court appearance, has yet to be determined.

The hearing date has been rescheduled before and was on the court calendar for today, but has now been moved to 11:45 a.m., July 30.

Today was also the last day Simmons had to accept a plea offer from the District Attorney's Office or be left with only two options, go to trial or make an unconditional plea.

The offer Simmons turned down today was to plead guilty to the second count of the indictment -- the Class D felony assault charge with the elder abuse provision -- and let Noonan determine her fate.

Under the plea offer, Simmons wouldn't serve more than three-and-a-half years in prison, but Noonan would have had the option for a community-based sentence (meaning a little one-day jail time and probation).

Also, the date of the trial -- originally set to start on Aug. 20 is now in doubt. Even though Key originally agreed to the date, it turns out he also has a trial scheduled in Erie County that week.

Noonan's clerk will contact the Erie County clerk to determine whether the other trial can be moved to another date, or if the Simmons trial needs to be rescheduled.

Citing weather-related health concerns, Batavia Youth Bureau announces closure for Tuesday

By Howard B. Owens

Announcement from the Batavia Youth Bureau:

Due to extreme weather conditions predicted for Tuesday, the Batavia Summer Recreation Program (Parks Program) will close for the day.  

The weather is predicted to be 95 to 100 degrees and humid, which makes being outdoors unsafe for people of all ages.  

The number one concern of the Batavia Youth Bureau and Summer Recreation staff is the safety of the program participants; therefore, the Youth Bureau reserves the right to close for conditions that pose a threat to the staff and the participants.

Should you have further questions or concerns, please call the Youth Bureau at 345-6420.

Lost and Found: Sheriff's Office may have your lawn chairs

By Howard B. Owens

If you lost four lawn chairs, Deputy Frank Bordonaro would like to hear from you.

The Sheriff's Office has recovered four lawn chairs on Route 5 in Le Roy that may have fallen off a vehicle passing through the area.

The vehicle was likely eastbound heading toward Caledonia.

If you think they're your chairs, contact Bordonaro at (585) 345-3000, ext. 3229

Law and Order: Inmate accused of stealing two candy bars, trying to bring into jail

By Howard B. Owens

Joseph Anthony Auricchio, 21, of Route 20, Darien, is charged with petit larceny and promoting prison contraband, 2nd. Auricchio is accused of stealing two candy bars from a Volunteers for Animals donation box at the Genesee County Animal Shelter and then attempting to bring those candy bars into the Genesee County Jail. According to the Sheriff's Office, Auricchio was made a trustee July 6 to replace as trustee an inmate scheduled to be released. On July 6, Auricchio was among three inmates tasked with custodial duties at the animal shelter. When the three inmates were returned to the jail by Deputy Ron Meides, a search allegedly found the candy bars hidden in Auricchio underwear. The candy bars were unapproved merchandise to allegedly bring into the jail.

Bradley J. Broadbent, 32, no permanent address, is charged with criminal mischief, 4th. Broadbent is accused of entering bathrooms of an office complex at 29 Liberty St., Batavia, and damaging fixtures some time before 3:20 p.m., July 6. Broadbent is currently being held in the Genesee County Jail on several other charges stemming from alleged events that same day.

Kenneth Scott Lathrop, 25, of Ruhlmann Road, Lockport, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and open container with intent to consume. Lathrop was allegedly found in a Monte Carlo parked at the side of the road on Route 262 just east of Fisher Road, Oakfield. Deputy Tim Wescott had responded to the area at 6:30 p.m., Saturday, after the Sheriff's Office received reports of a Monte Carlo speeding and unsafely passing other vehicles.

Patricia Marie Anderson, 27, of Walkers Corners Road, Byron, is charged with petit larceny. Anderson is accused of shoplifting from Kmart.

Katherine L. Urf, 51, and Joseph M. Franchi-Platten, 28, of 218 Elicott St., lower, Batavia, are charged with petit larceny. Urf and Franchi-Platten are accused of shoplifting food items from Tops.

Joanne Jefferson, 53, of 23 Walden Creek Drive, Batavia, is charged with felony DWI, driving with a BAC of .18 or greater, driving left of pavement markings and consumption of alcohol in a motor vehicle. Jefferson was arrested after Batavia PD received a report at 10:22 p.m., Saturday, of an erratic driver heading west on Route 5 into the city. Jefferson was stopped by Sgt. Dan Coffey. Jefferson allegedly has a prior DWI conviction within the past 10 years. She was jailed on $500 bail.

Le Roy PD nabs burglary suspect following reports from residents on whereabouts

By Howard B. Owens

Early Saturday morning, some Le Roy residents reported seeing a young man going through vehicles and sneaking through yards.

One resident reportedly spotted the man on the rooftop of a residence on Lake Street.

When Le Roy PD first responded, the subject could not be located.

When another resident called in a report of the subject in a back yard, Le Roy PD converged on the location near Lake and Pleasant streets.

The subject allegedly fled on foot and was apprehended after a short chase.

Taken into custody was Tyler F. Longhini, 20, of no permanent address.

At the time of his arrest, Longhini possessed allegedly stolen property, including two GPS units, a Sprint LG phone and prescription medications.

Among the complaints received by police that are being investigated for possible involvement by Longhini is an early morning invasion burglary into an apartment occupied by a resident.

As the morning rolled on, Le Roy PD continued receiving complaints of thefts from numerous unlocked vehicles and an attempted burglary of a locked shed.

Longhini is charged with criminal possession of stolen property, obstructing governmental administration and criminal possession of a controlled substance.

Additional charges may be added if warranted following further investigation.

The Le Roy PD is asking that anyone who may have had a vehicle, shed or residence entered Friday night or Saturday morning, or who are missing property, to call the PD office at 345-6350.

In addition to ensuring any suspected crimes are reported, investigators are hoping to identify the owners of recovered property that may have been stolen.

(Initiial Report)

Suspect accused of falsely reporting theft of jewelry, marijuana

By Howard B. Owens

A 20-year-old Le Roy resident who allegedly reported a residential burglary and claimed jewelry and marijuana were stolen has been accused of stealing the jewelry himself and falsely reporting an incident.

John H. O'Shea was already in the Genesee County Jail on unrelated charges when he was arrested by Le Roy PD earlier this week.

O'Shea is charged with grand larceny, 4th, and falsely reporting an incident, 3rd.

According Le Roy PD, O'Shea contacted police April 19 and claimed a safe full of jewelry belonging to a relative along with his personal stash of marijuana were stolen from his home in the morning hours while he was fishing.

A subsequent investigation revealed the report was allegedly false and that O'Shea either allegedly stole or took part in the theft of the jewelry.

O'Shea remains in jail on an unknown amount of bail.

Suspect in Red Bull theft from Le Roy Tops turns self in at request of relative

By Howard B. Owens

A 22-year-old Le Roy resident is charged with petit larceny for allegedly trying to steal a shopping cart full of Red Bull from Top's Friendly Markets in Le Roy on Thursday.

(Name redacted upon request), who has no permanent address, was reportedly contacted by an out-of-state relative who read The Batavian's real-time news report on the alleged theft and suspected his involvement.

She contacted police with the tip and then was able to contact xxx and convinced him to turn himself in.

xxx walked to the Le Roy PD office in the village shortly before midnight Thursday.

The case began when police received a report that around 1:40 p.m. an unknown white male wearing a white tank top-loaded a shopping cart full of Red Bull and left the store without paying for the merchandise.

The subject allegedly went behind Dollar General and an employee there reported seeing him with the shopping cart of Red Bull.

After abandoning the shopping cart, the subject fled and police attempted to locate the suspect.

The Sheriff's K-9 unit assisted in the search, but the effort was unsuccessful.

As the search was taking place, The Batavian posted details of the unfolding events as broadcast by local law enforcement.

A relative in another state read The Batavian later that evening and began to suspect she knew who was involved and started making phone calls.

xxx was jailed on $500 bail.

Batavia teen accused of sexual contact with child in Le Roy

By Howard B. Owens

A 14-year-old Batavia boy, if not for his age, would be facing four Class D felony charges of sexual abuse in the first degree, according to Le Roy PD.

The case has been referred to Family Court and because of the youth's age, his name was not released.

The youth is accused of subjecting a child under 11 years of age to sexual contact on at least four occasions in the past year.

Photos: YWCA's Wheels and Heels fundraiser at the Genesee County Airport

By Howard B. Owens

There was music, food and fashion Saturday at the Genesee County Airport for the first-ever Wheels and Heels fundraiser sponsored by the YWCA.

While models milled through the crowd in gorgeous gowns, attendees could stroll through an event filled with not only jewelry, but also a variety of transportation on wheels, from airplanes to police cruisers to classic automobiles.

The event raised money to help the YWCA expand its services for children who are sometimes the forgotten victims of domestic violence.

The programs will help children deal with the emotional, psychological and relational challenges that come with being in homes where domestic violence takes place.

Photos: Oatka Festival Parade in Le Roy

By Howard B. Owens

Saturday was a perfect day for a parade in one of the region's best venues for marching bands and floats, the Village of Le Roy.

Here are photos from yesterday's 2012 Oatka Festival Parade.

The festival continues today until 6 p.m.  The annual duck derby race is at 5 p.m.

If you're unable to view the slide show, click here.

Prints of these photos are available for purchase by clicking here.

Man pleads guilty to welfare fraud, promises to repay $17K to government

By Howard B. Owens

A former Batavia resident admitted to welfare fraud in Genesee County Court on Friday, pleading guilty to a single felony count of offering a false instrument for filing.

Michael Schramm, 36, also agreed to pay restitution of $17,026.39.

As a second felony offender, Schramm faces from one-and-a-half to three years in prison and will be sentenced at 9:30 a.m., Sept. 7

The former area resident was originally charged in May with two counts of offering a false instrument for filing and grand larceny, 3rd.

Schramm was accused of failing to report full-time farm employment in Niagara County while drawing assistance from DSS.

Pending sentencing, Schramm is being held on $25,000 bail.

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