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A 32-year-old Monroe County resident is accused of robbing a gas station on Lake Street on Saturday morning, and then leading police on a pursuit. He may also face drunken driving charges under Leandra's Law.

Robert Lee Hizer, who police believe has been staying temporarily at a residence in Le Roy, allegedly walked into the convenience store of the gas station and handed the clerk a note demanding cash and cigarettes.

While Hizer initially fled on foot, police believe he got into a car, which a witness quickly identified and responding units -- which included Le Roy PD, Sheriff's deputies and State troopers -- were provided the description.

A short time after the 9:27 a.m. robbery report, a police officer attempted to stop the suspect's vehicle, but the driver allegedly sped to School Street, stopped the car and fled on foot.

Officers pursued the suspect on foot on School Street, Mill Street and into the Oatka Creek.

Hizer was apprehended as he came out of the creek on the east side, at which time officers identified him as the suspect in the robbery.

Hizer is charged with one count of robbery, 3rd, and may face drunken driving charges under Leandra's Law for allegedly driving drunk with a child under age 16 in his car. He may also be charged with endangering the welfare of child.

Following arraignment, Hizer was jailed on $25,000 cash bail or $50,000 bond.

In a statement, Le Roy PD said, "The Le Roy Police wish to acknowledge the cooperation of nearby citizens, the Genesee County Sheriff’s Department, the Genesee County District Attorney’s Office, the Livingston County Sheriff’s Department and the New York State Police for assisting in the incident in which the suspect was identified and arrested within two hours."

It's a beautiful day, I'm at Dewitt (for the fishing derby), and I have my camera -- naturally, I'm going to take pictures of whatever seems interesting.

BTW: I highly recommend a visit to Dewitt. Paul Osborn, the county's parks supervisor, is doing a great job of creating trails, lookouts and rest stops around the lake. Dewitt is becoming one of Batavia's great assets.

More than 50 kids turned out to the Dewitt Recreational Area this morning for a perfect day of fishing in the first ever "Fishers of Men" fishing derby.

The event was organized by Kevin Lawson, a retired officer of the Department of Environmental Conservation, who said he wanted to do something to get children into the outdoors.

"One thing I knew on the job is kids are getting out doors less and less," Lawson said, adding that Dewitt is a great resource in the county that a lot of people don’t even know about.

Participants competed for prizes based on their age group for longest fish and first fish caught.

The event was sponsored by Batavia Assembly of God Church, Royal Rangers, Care-A-Van Ministries, New York Conservation Officers Association, Batavia Marine, Walmart, Kmart, Paul Osborn, Genesee County, Joe Reisdorf and Hunter's Landing.

I didn't get IDs on everybody in our pictures, but above, Joshua, 10, casts his line out; the next two shots down, Pastor Dan Schmidt and his son, Garrett, 7.

When the owner of an old farmhouse at 1493 Judge Road, Alabama, offered the building up to the Alabama Fire Department to use in training, Rob Crossen's thought, "I hate to see another old house go to heck."

Instead of letting the house get destroyed in training -- which would eventually include burning it down -- Crossen stepped in and bought the property.

Since last October, Rob and his son Dan, along with some local carpenters, have been working on restoring the home with the goal of eventually selling it to a family that will appreciate the old house.

It's an all-out restoration project, too. 

One hundred years ago, at least, horse-drawn tools dug a hole for a foundation and workers manually placed heavy stones around the perimeter. Crossen and his crew refurbished the masonry and dug the basement two feet deeper.

The house never had a proper sump pump, which led to a lot of water damage, so Crossen fixed installed a new one.

The back of the house -- the kitchen, primarily, was so badly damaged that Crossen just tore it away. The house will have entirely new kitchen.

Crossen's workers have completely gutted the interior of the house and each room, upstairs and down, will have new electrical works, new walls and new floors.

"It will be all new on the inside but look like an old house on the outside," Crossen said.

Below is a picture I took of the house this past October (taken with black and white film). I've photographed the old farmhouse a few times before this shot, but this is the only one I saved. It's a classic, turn-of-the-century (the last century) farmhouse and it's great to see it getting a second life.

Batavia firefighters, members of IAFF Local 896, set a new record Friday for their annual "Fill the Boot" campaign.

According to Greg Ireland, Local 896 president, area residents drove through downtown today and donated $7,562.

Photos submitted by Frank Capuano.

City fire investigators have yet to release the cause of a fire early Friday evening that broke out in a home on Union Street, but the current resident of the home described how the fire may have started accidentally.

Doug Veltz, who has lived at 1 Union St. for many years but was moving out after Terry Platt recently acquired the property, was trying to nap, he said, when he smelled smoke.

At first, he said, he thought the smoke was being blown into his room through a fan in the window, but then he thought that maybe he should play it safe and investigate.

As I was coming down the stairs, I could smell it," Veltz said. "It was coming from my house. I got to the kitchen and there was flame coming from the burner on the stove. There was a glass candle sitting on the burner on the stove. It was just set there. The candle wasn’t lit. Before I went to sleep, I must have bumped a dial, a knob on the stove."

Veltz said his first instinct was to blow on the flame.

"In one big breath, I blew it out," he said.

He then turned to get some water and as soon as he turned his back, he heard the burner flame back up and this time, the flame was two feet high.

There was a winter coat there and I was going to try and smother it," Veltz said. "It went up in flames and at that point, I realized it was beyond my control. I screamed for my dog. He came downstairs. Luckily, I had my phone with me and I dialed 9-1-1."

Fire Chief Jim Maxwell said the department won't have information to release from its investigation until Sunday at the earliest.

Veltz said he had moved only a small portion of his belongings, including collectable items and all the photos of his children, which he had just placed in a tub in the dining room.

The back of the house was badly damaged, but Platt said he believes the structure remains solid and he plans to renovate the interior and eventually sell the house.

Maxwell said a quick response -- even though Engine 12 was at Dwyer Stadium for fireworks night -- helped save the structure.

All platoons from city fire were called to the scene and Town of Batavia's Fast Team also responded. Alexander fire was on standby at the city's fire hall.

Mercy EMS and Batavia PD also responded.

A minor injury accident is reported downtown at the intersection of Bank and Main streets, Batavia.

City Fire Department and Mercy EMS are on scene.

One woman is complaining of back pain.

Former Batavia High School basketball player Jerry Smith is bringing blacktop basketball back to Williams Park with a 3-on-3 tournament June 30.

Williams said it's been a few years since the park hosted such tournaments, but he remembers them from his youth and thinks area players should get the same opportunity.

As many as 35 teams, or more, are expected to participate, coming from not just Batavia, Elba and Le Roy, but also Buffalo, Lockport, Perry, Medina and other towns in the region.

"It's some of the best competition around," Smith said.

The cost is $50 per team and teams can consist of as many as five players.

Registration begins at 8 a.m. and play begins at 9 a.m.

For more information, call Smith at (585) 993- 3342 or email him at honeybun11x@yahoo.com

Proceeds will benefit Franchise Basketball of Rochester, an Amateur Athletic Union team and help send the team to Las Vegas in July for a tournament. Local team members include Jalen Smith, Tommy Prospero, Justin Washington and Jered Thornton.

Photo: Jalen Smith, Justice Fagan and Josh Johnson.

A passerby has found a female unconscious next to a bicycle in the area of Parmalee Road and Oatka Trails Road, Le Roy.

Le Roy fire and ambulance responding.

UPDATE 12:15 p.m.: We've heard nothing more at all on this call.

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Alexander J. Kessler is indicted on counts of criminal sexual act, 1st, criminal sexual act, 3rd, sexual abuse, 1st, endangering the welfare of a child and unlawful dealing with a child. Kessler is accused of providing a female age 17 or under with marijuana and alcohol, and then subjecting her to oral sexual contact without her consent and at a time she was unable to consent because she was physically helpless. The alleged conduct reportedly took place Feb. 25 and/or Feb. 26 in the Town of Le Roy.

Anthony J. Goulet is indicted on a count of assault, 2nd. Goulet is accused of injuring another person by hitting him with a beer bottle on June 15.

Thomas Hammerl is indicted on counts of falsifying business records and criminal purchase of a weapon. Hammerl is accused of attempting to purchase a J. Stevens single 12-gauge shotgun from Gary C. West of Sheard’s Antiques and Guns and falsely answering a question on a U.S. Department of Justice form ATF 4473 regarding his legal eligibility to purchase a gun. Hammerl is allegedly barred from owning firearms due to either a prior conviction or "some other disability which would render him ineligible to lawfully possess a firearm, rifle or shotgun in this state."

Rocco A. Ballacchino, 53, of Red Jacket Parkway, Buffalo, is charged with grand larceny, 4th. Ballacchino is accused of stealing $1,267 worth of flooring from the Home Depot in Batavia. Ballacchino was arraigned and held without bail.

A 17-year-old resident of River Street, Batavia, is charged with unlawful possession of marijuana. The youth was stopped on River Street at 9:25 p.m., Thursday, by Deputy Patrick Reeves.

Press release:

Representative Kathy Hochul (NY-26) competed in the fourth annual Congressional Women’s Softball Game against female members of the Capitol Hill Press Corps.

“This event is a great opportunity to have a little fun with my colleagues and some of the journalists who cover us,” Rep. Hochul said. “I was happy I got to play centerfield this year since that’s where I’m most comfortable — not too far to the right and not too far to the left. I’m sure the reporters all noticed my prowess in the center and how well I worked with my bipartisan teammates.”

The press team defeated the congressional team 13 to 10.

The proceeds from this year’s event are going to the Young Survival Coalition, a group dedicated to young women affected by breast cancer.

GCC will delay some initiatives in order to squeeze its budget a little bit tighter, college President Jim Sunser told the Genesee County Legislature.

The college can forgo, at least for this year, an increase in the county's host share of funding.

"We will continue to be very diligent about how we allocate and expend dollars," Sunser said. "We will keep as much as we can toward student success first and foremost, but we’ll be OK."

In another of a series of lean budget years for Genesee County, GCC was facing a tough battle to convince legislators to increase funding by $50,000, from $1,937,374 to $1,987,374.

The county's share of GCC funding represents about 5 percent of the college's overall $37 million operating budget.

Two recent staff retirements will also help the college hold down expenses just a bit, Sunser said.

"We will manage how quickly we replace those positions," Sunser said. "Some of the staff temporarily filling in will fill in just a bit longer."

As part of the budget plan, GCC is planning a tuition increase of $75 per semester per full-time student.

City fire and Mercy EMS have been dispatched to an address on Liberty Street where the residents report an unknown type chemical smell.

Two people are reportedly feeling ill.

Law enforcement was also dispatched.

UPDATE 8:24 a.m.: Complaint apparently unfounded. All units back in service.

Officials with Western Regional OTB, Batavia Downs and invited guests were in Rochester today for a ribbon cutting and unveiling of the work done so far on the new marquee signs for Batavia Downs.

The work is being completed by Premier Sign Systems.

Ryan Hasenauer, director of marketing for Batavia Downs, provided the pictures.

Press release:

Today, Representative Kathy Hochul (NY-26) introduced the Vocational Employment and Technical Skills Act (VETS Act), which will make it easier for veterans to receive professional certification in skills they performed while members of the armed services.

“The VETS Act is a commonsense solution to a problem facing too many veterans -- difficulty getting a job when returning home. After talking to troops during my trip to Afghanistan and many conversations with local veterans, I remain concerned that one of the biggest fears our troops are dealing with is the prospect of unemployment after their tour of duty. This legislation will help veterans who have put their lives on the line protecting us overseas make the transition to civilian life using the technical skills learned in the military,” Rep. Hochul said.

To assist veterans transitioning to civilian life in finding employment, the VETS Act will eliminate unnecessary hurdles for veterans who have a high level of competence in many certifiable fields. The legislation requires states to alter their certification procedures to take veterans’ military training into account if they seek to become a surveyor, plumber, general construction equipment operator, HVAC repair person, carpenter, electrician, or an automotive/aviation engine repair person.

Earlier this month, Rep. Hochul held a roundtable discussion on the VETS Act to receive input on the legislation from members of Western New York’s veteran community. Additionally, the bill has been reviewed and approved by Rep. Hochul’s veterans advisory board.

Rep. Hochul is also a co-sponsor of other legislation to encourage the hiring of veterans, including the Hiring Heroes Act that modernizes and improves programs to assist our veterans with the transition from service member to civilian life. She voted in support of the Veterans Opportunity to Work Act of 2011 – a bill that received bipartisan support – that provides assistance to older, unemployed veterans and provides active duty service members with transition and employment assistance.

In May, Rep. Hochul traveled to Afghanistan as part of a bipartisan Armed Services Committee oversight trip.

The attorney for Jacquetta B. Simmons, the 26-year-old Batavia resident accused of assaulting a 70-year-old Walmart employee on Christmas Eve, is challenging the constitutionality of one of the laws used to charge his client.

Earl Key, a Buffalo attorney, filed a motion May 31 seeking dismisal of count two of the criminal indictment, which alleges assault in the second degree on a person 65 or older. Key's motion states that the relatively new law on which the count is based violates Simmons' rights under the 5th and 14th amendments of the U.S. Constitution.

Key was scheduled to appear in Genesee County Court today to argue his motions but according to his assistant attorney, Ann Nichols, Key was too sick to appear and she asked that the case be continued until next week.

The continuance benefits Key's case, because according to court discussion between Assistant District Attorney Melissa Cianfrini and Judge Robert C. Noonan, Key did not notify the Attorney General's Office of his motion challenging the constitutionally of the law, as required by court procedure.

Noonan said if Key had appeared today, he likely would have dismissed the motion due to the insufficiency of notification of the AG's office.

Simmons is accused of hitting Grace Suozzi, who was working as a checker at Walmart on Christmas Eve, after the 70-year-old reportedly asked to see the contents of a bag being carried by Simmon's brother. An argument reportedly ensured and according to witness accounts, Simmons allegedly punched Suozzi, breaking bones in her face.

In April, Simmons was arraigned on one count of assault in the second degree and one count of assault in the second degree on a person age 65 or older, making her the first person in Western New York charged under the relatively new statute.

In his written motion, Key argues the statute is unconstitutional because:

• There is no legitimate state interest in affording a higher level of protection to a class of citizen based solely on age;
• The law requires the defendant have knowledge of the victim's age, and a defendant would have know way of knowing a victim's age at the time of the assault;
• The statute is unfair and unreasonable because it elevates "an otherwise garden variety assault" from a Class A misdemeanor to a Class D felony;
• The law is "arbitrary and capricious" in affording a person age 65 and older protection not afforded a person age 64 or younger.

According to Cianfrini's written response, prior case law establishes that legislative acts are presumed to have a legitimate state interest unless clearly shown otherwise, which, she argues, Key did not do.

She wrote that the legislative intent is clearly spelled out in the bill's supporting documents and that the state lawmakers had concerns about protecting the elderly "who are particularly susceptible to crimes as a result of their age."

"Specifically," she wrote, "the legislative history reveals that the statute was enacted because 'seniors are generally more vulnerable to injury and less able to protect themselves from younger persons.' "

Cianfrini also countered Key's point on the defendant's intent and need to know the victim's age, saying the law clearly spells out that the victim only meet the age requirement, not that the defendant know the age of the victim.

Legislative history in fact says legislators expected that "there is no requirement that the prosecutor prove the defendant knew or had reason to know the victim's age."

Simmons is scheduled to reappear in court at 3:15 p.m., June 27, for a hearing on Key's motions, which also include standard pre-trial motions related to the sufficiency of the grand jury indictment and evidence.

Abby Saville, working for The Enchanted Florist, holds sunflowers at the Downtown Public Market, located at the corner of Center and Eillicott streets, Batavia.

The Enchanted Florist is one of a few new businesses participating in the market this year.

The market runs from 9 a.m. to 3:30 p.m. every Thursday from now through Sept. 27.

It features locally grown produce, handcrafted goods and, of course, flowers.

A truck driver was injured in an overnight crash on the Thruway and transported by Mercy Flight to an area hospital.

The accident was reported at about 12:30 a.m., according to a dispatcher, about five miles east of Exit 48, which is in the East Pembroke Fire District. Town of Batavia also responded mutual aid. Both fire companies were back in service by 1:30 a.m.

The driver's name has not yet been released.

He was transporting a load of bananas.

The accident is being investigated by Troop T of the State Police.