A person has managed to get a TV out of Kmart without paying for it, load it in a black pickup truck and then head down Park Road toward the Thruway.
Local law enforcement responding. The Thruway Authority is being notified.
There are two white males in the truck.
UPDATE 8:57 p.m.: A truck has been stopped with a 46" LED TV in the bed.
At least 12 males are congregating in the area of Tim Horton's and Wendy's on Main Street in the city and appear to be preparing for a fight, according to a caller to dispatch. Police are responding.
Dave Wayne Case, 55, of Prole Road Extension, Bergen, is charged with assault, 2nd, injury to a police officer, resisting arrest and unlawful possession of marijuana. Following a traffic stop at 1:41 a.m., by Deputy Joseph Corona on West Main Street Road, Batavia, Case allegedly assaulted the deputy in an attempt to avoid arrest on a charge of unlawful possession of marijuana.
Denise Niccole Clamon, 32, of Main Street, Clarence, is charged with felony DWI, refusal to take breath test, aggravated unlicensed operation, failure to keep right, failure to use turn signal. Clamon was stopped at 1:41 a.m. on West Main Street Road, Batavia, by Deputy Joseph Corona.
Rosemary R. Waters, 27, of 17 Spencer Court, Batavia, is charged with criminal contempt. Waters is accused of contacting a person she was barred from contacting by court order.
Merrick D. Hampleton, 23, of Batavia, is charged with 13 counts of petit larceny and one count of scheme to defraud. Hampleton was taken into custody by State Police at Walmart in connection with an alleged incident reported at 10:54 a.m., Monday. No further details released.
The teenage victim of Timothy Logsdon said in County Court this morning that she still has nightmares because of the 29-year-old man. She wakes up with shakes, she said. She has trouble trusting people now, she said.
She described a situation where she was emotionally confused and manipulated by Logsdon's "mind games" into dropping out of school and traveling with him to Tennessee.
She said she didn't really accept at first that she was a victim, but in January she came to the realization that "what everybody else said was true."
"What he did to my family was destructive," she said. "He wasn't thinking of anybody but himself."
Logsdon, sentenced yesterday to four years in federal prison for transporting an individual across state lines for the purpose of engaging in illegal sexual activity, was sentenced in County Court today under the terms of a prior plea deal. Logsdon received a four-year prison term to be counted concurrently with his term in federal prison.
While Logsdon has already spent 10 months in federal lock-up while his case went through the federal legal process, he won't receive any credit for time served with the state because he was technically released on his own recognizance locally.
After being sentenced by Judge Robert C. Noonan, Logsdon signed orders of protection barring him from any contact for eight years with his victim and with his wife, though Noonan did allow one last visit for his wife after court to discuss with Logsdon an issue with one of their children.
While District Attorney Lawrence Friedman asked for the maximum sentence available under terms of the plea agreement, Public Defender Gary Horton didn't really argue for a shorter sentence. He did try to explain Logsdon's actions and that his client accepts responsibility for his actions.
"He has a history of serving his country and as a result of that service suffers from PTSD and suspected traumatic brain injury," Horton said. "I know he regrets his actions. I know he has trouble coping himself, with trying to understand what happened and what he did."
Logsdon has no prior criminal history. He will now be a registered sex offender for the rest of his life.
When it was his turn to speak, Logsdon said he didn't have much to add to what his attorney already said except that he apologized to his victim, to her family and to his own family.
"I don't know what else to say, I guess, except that I just hope that someday I can come back to my family, if at all possible," Logsdon said.
Timothy A. Hall, 26, of 5463 Ford Road, Elba, is charged with DWI, driving with a BAC of .08 or greater and driving with registration suspended. Hall was stopped at 2:16 a.m. Sunday on Ellicott Street, Batavia, by Officer Marc Lawrence.
Daniel F. Orlando, 31, of 555 E. Main St., #119, Batavia, is charged with harassment, 2nd. Orlando was charged following a police investigation. No further details released.
Richard S. Baker, 43, of 555 E. Main St., #213, is charged with harassment, 2nd. Baker allegedly threatened another person at 10:45 a.m., Monday.
Press release:
BUFFALO -- U.S. Attorney William J. Hochul Jr. announced today that Timothy Logsdon, 29, of Batavia, who was convicted on April 13 of transporting an individual in interstate commerce for the purpose of engaging in illegal sexual activity was sentenced to 56 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Maura K. O'Donnell, who handled the case, stated that defendant was convicted of this offense as a result of his attempting to transport a minor from Western New York to Tennessee for purposes of engaging in illegal sexual activity with the minor.
The investigation began in September, 2012, when the parents of a 16-year-old girl reported her missing to the Genesee County Sheriff's Department, and later indicated to the FBI that she might be with the defendant.
Pursuant to a Court Order, law enforcement officers traced the defendant's cellular telephone to a specific vicinity. Later that same day, the defendant was discovered by the Kentucky State Police in Bowling Green, Ky., along with the victim.
The defendant admitted to law enforcement officers that he was in the process of transporting the victim to the state of Tennessee where the two planned to live together and carry on a relationship. The defendant was placed under arrest and remains in custody.
"This is an example of the success that alert parents and hardworking police can accomplish," said U.S. Attorney Hochul.
The arrest is the culmination of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Richard M. Frankel, Acting Special Agent in Charge and the Genesee County Sheriff's Department, under the direction of Sheriff Gary Maha.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.
Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.
For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov <http://www.projectsafechildhood.gov>.
Anthony Gene Stone, 24, of Delmar Road, Greece, is charged with disorderly conduct. Stone reportedly didn't like the price of his Dip'in Dots while visiting Darien Lake Theme Park and Resort at 6:28 p.m. Saturday. While arguing with the Dip'in Dots attendant, Stone allegedly picked up the cash registered and slammed it back down.
Nathan W. LarsonNathan W. Larson, 23, of 24 South St., Le Roy, is charged with attempted rape, 1st, and two counts of criminal sexual act, 1st. Larson is accused of attempting to engage in sexual intercourse with a person by force while at a residence in the Village of Le Roy on Saturday. During the incident, Larson allegedly engaged in other sexual conduct against the victim both by force and while the victim was incapable of consent by reason of being physically helpless. Larson was jailed on $15,000 bail.
Jennifer Lyn Stack, 27, of 46 S. Main St., lower, Batavia, is charged with petit larceny. Stack allegedly stole $105 cash that was stowed in a vehicle.
Adam R. Mcleod, 27, of 37 Austin St., Rochester, is charged with harassment, 2nd, and criminal obstruction of breaking or blood circulation. Mcleod was allegedly involved in a domestic incident at a residence on Elm Street in Batavia at 2 a.m. Saturday.
Steven A. Acevedo, 23, of 238 Ellicott St., upper front, Batavia, is charged with harassment, 2nd, menacing, 3rd, coercion, intimidation to instill fear of injury and criminal mischief. Acevedo was allegedly involved in a domestic incident Wednesday at his residence. Acevedo was ordered held without bail.
Kenneth J. Schmoke, 57, of 132 State St., #2, Batavia, is charged with criminal possession of a controlled substance. Schmoke is accused of possessing prescription medications and drug paraphernalia.
Patricia A. Dulmage, 18, of 20 Dellinger Ave., Batavia, is charged with criminal mischief. Dulmage is accused of damaging property of another family member during a domestic incident.
Richard C. Hutchinson, 43, of 3 Walnut St., Batavia, is charged with petit larceny. Hutchinson is accused of shoplifting from Tops.
Nicholas Ian Iacubucci, 24, of Trabold Road, Rochester, is charged with disorderly conduct. Iacubbucci was allegedly obstructing traffic on Route 77 in front of Darien Lake Theme Park at 10:59 p.m., Tuesday. Iacubucci was reportedly intoxicated at the time.
Sean Nevan Lindquist, 50, of Judge Road, Basom, is charged with felony DWI, felony driving with a BAC of .18 or greater, felony aggravated unlicensed operation, criminal possession of a controlled substance, 7th, and possession of a controlled substance not in original container. Lindquist was arrested following an investigation by Deputy Patrick Reeves into a one-car accident on Martin Road, Alabama, at 10:19 p.m. Saturday. Lindquist allegedly drove his vehicle too fast around a curve, lost control, and the vehicle went into a ditch.
Cody J. Sundown, 23, of Skye Road, Alabama, is charged with felony DWI, felony driving with a BAC of .08 or greater, felony aggravated unlicensed operation, driving without an interlock device, criminal mischief, 4th, no seat belt, loud exhaust and leaving the scene of a property damage accident. Sundown was arrested following an investigation by Deputy Jason Saile into a report of criminal mischief on Skye Road at 4:41 a.m., Saturday. Sundown allegedly drove over a mailbox on Skye Road.
Donald Wayne Sczepanski, 50, of Alleghany Road, Darien Center, is charged with felony DWI, felony driving with a BAC of .08 or greater, unsafe passing and unsafe tire. Sczepanski was arrested following an investigation by Deputy Patrick Reeves into a motor-vehicle accident at 9:19 p.m. Friday on Route 238, Alexander. Sczepanski reportedly lost control of his vehicle while allegedly attempting to pass another vehicle. His car wound up in a ditch.
Timothy Lee Shuknecht, 23, of Oak Orchard Road, Elba, is charged with unlawfully dealing with a child, 1st. Shuknecht allegedly provided alcohol to a person under age 21.
Larry Charles Bayles, 52, of East Wautoma Beech Road, Hilton, is charged with possession of more than 400 untaxed cigarettes, speeding, consumption of alcohol in a motor vehicle and unlawful possession of marijuana. Bayles was stopped at 4:10 p.m. July 28 on West Sweden Road, Bergen, by Sgt. Ron Meides.
Jared L. Long, 43, of Bergen, is charged with DWI and driving with a BAC of .08 or greater. Long was stopped at 8:40 p.m. Saturday on Prole Road, Stafford, by State Police.
The Orleans County Sheriff's Office reports that 19 people, including people from Genesee County, were cited Sunday morning for possession or consumption of alcohol under age 21 following a complaint of a loud party on New Guinea Road, west of Upper Holley Road. Deputies found several cars, a camper, several tents and a large bonfire. There were some 60 to 70 people at the party, most of them consuming alcohol, according to the press release. The property owner, who was not present, was notified and he declined to press trespassing charges.
We missed a jury trial last month and we just learned that the defendant was found not guilty. Because of the nature and seriousness of the charges, which we previously reported, we thought there should be some public notice of the outcome of the case.
Timothy J. Petrie, 42, of Pavilion, was found not guilty following a three-day jury trial on all 10 counts of first-degree sexual abuse and on one count of endangering the welfare of a child.
A suspected burglar was allegedly caught in the act Saturday after a man was seen entering the home of an off-duty police officer in the Town of Batavia.
When the man was ordered to surrender, he allegedly fled from troopers and headed toward a cornfield on State Street Road.
He was subsequently captured by troopers and deputies on scene without further incident. At the time of his arrest, he was allegedly carring items taken from the residence and stolen credit cards from a residence in the City of Batavia.
Charged with second-degree burglary is Aaron W. Clark, 24, of Clinton Street, Batavia.
Clark is currently on parole for robbery, 2nd. He was also charged with parole violation, criminal possession of stolen property, 4th, and obstructing governmental administration.
Investigators believe Clark approached other homes in the area and if a resident answered the door, he left or claimed to need gas for his vehicle so he could get back to Rochester.
It's possible other homes in the area were burglarized. Any person with further information that may assist in the investigation can contact State Police at (585) 344-6200.
Christopher Paul Hoffman, 28, of Route 78, Java Center, is charged with petit larceny. Hoffman allegedly stole $34.93 in merchandise from Kmart.
Rachelle K. Mandigo, 42, of Holley, is charged with petit larceny. Mandigo was arrested by State Police on Wednesday for an alleged incident reported July 26 in the Town of Batavia. No further details released.
Michael C. Hill, 22, of Pike, is charged with petit larceny and unlawful possession of marijuana. Hill was arrested Wednesday for an alleged incident at a location on Veterans Memorial Drive. No further details released.
Jessica Mae Pfenninger, 31, of Jackson Street, Batavia, was arrested on a warrant for alleged failure to pay fine on a reckless endangerment, 2nd, charge.
A third suspect has been accused of participating in the June 1 burglary of the Sherwin-Williams paint store on Liberty Street.
Nicholas J. Adkins, 22, of no permanent address, has been charged with burglary, 2nd.
Adkins is currently an inmate on unrelated charges in the Genesee County Jail.
Today, Adkins was arraigned on the new charge and returned to the jail.
Previously arrested were Michael J. Elmore, 22, and Rebecca G. Morse, 21, both of 130 Bank St., Batavia.
Previously:
Ryan Christopher Riggi, 18, of North Street, Le Roy, is charged with criminal mischief 4th. Riggi is accused of destroying jail property while incarcerated.
Jake F. Dumas, 23, of 260 Whalen Road, Massena, is charged with trespass. Dumas was allegedly told to leave Billy Goats bar and then refused to leave.
Tony C. Bigtree, 23, of 167 Helenea Road, Hoagansburg, is charged with trespass. Bigtree allegedly refused to leave Billy Goats bar after being told to leave.
David William Santry, 21, of Robin Court, West Seneca, is charged with unlawful dealing with a child, 1st. Santry is accused of providing alcohol to people under age 21 at a party on July 6.
Lisa M. Randall, 45, of Kelsey Road, Batavia, is charged with petit larceny. Randall is accused of shoplifting at Target.
Terry A. Espinosa, 42, of 26 Ganson Ave., Batavia, is charged with disobeying a court mandate. Espinosa is accused of allowing her children to have contact with a male acquaintance in violation of a Family Court order.
Patrick Leslie Gugluzza, 34, of Broadway Road, Alexander, was arrested on a bench warrant for alleged failure to pay fines related to charges of DWI/drugs, following too closely, criminal possession of a controlled substance and criminal possession of a hypodermic instrument. Gugluzza was jailed on $1,000 bail.
Jayme Jack Ellsworth, 36, of 14 McKinley Ave., Batavia, is charged with grand larceny, 4th, and identify theft, 3rd. Ellsworth is accused of stealing the credit card of another person and using it.
Sean Matthew Murphy, 21, of McKinley Parkway, Blasdell, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Murphy was stopped at 11:03 p.m. Tuesday on Sumner Road, Darien, by Deputy Dana Richardson.
Derik Frazier Preston Sharkey, 18, of Center Street, Horseheads, is charged with disorderly conduct. Sharkey is accused of becoming disorderly after being ejected from the concert at Darien Lake and refusing to leave and pushing security.
Tiffany Elizabeth Schultz, 18, of Sanford Road, Perry, is charged with criminal trespass, 3rd. Schultz was allegedly found on Darien Lake Theme Park property at 5:45 p.m Monday after previously being banned from the property.
Shiasia Unique Hill,18, of Herald Street, Rochester, was arrested on a bench warrant for alleged failure to pay a fine related to a petit larceny arrest. Hill was jailed on $250 bail.
Eva A. Twichell, 47, of East Aurora, is charged with DWI and driving with a BAC of .08 or greater. Twichell was stopped at 9:41 p.m. Sunday in the Town of Batavia by State Police.
The following people were arrested during the Lil’ Wayne Concert at Darien Lake Performing Arts Center on Tuesday.
Sophia P. Frank, 19, Kraig Road, Pittsford, is charged with trespass after allegedly refusing to leave the concert venue after being told numerous times to leave. Frank was jailed on $250 bail.
Shawn M. Gombos, 24, South Park Parkway, Buffalo, is charged with trespass after attempting to reenter the concert venue after being ejected and told not to return. Gombos was jailed on $250 bail.
Jelyejuan J. C. Walker, 18, Colt Street, Geneva, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Tiffany A. Pope, 18, Forest Hill Drive, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Kevin J. Goldsmith, 20, Brook Court, East Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Paul C. Reinis, 19, Shoecraft Road, Penfield, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Andrew J. Lawrence, 18, Norris Street, Buffalo, is charged with unlawful possession of marijuana and possession of alcohol after allegedly being found in possession of marijuana and alcohol.
Jeffrey V. Janese, 18, Woodland Avenue, Niagara Falls, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Christian A. Fieckert, 19, Amherst Drive, Buffalo, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Cody H. Bauth, 19, Hirschfield Drive, Williamsville, charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Michael J. Diliberto, 18, Moulton Avenue, Tonanwanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Zacharie T. Capozzi, 18, Glenhurst Road, Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Bradley A. Thomas, 18, Lynbrook Avenue, Tonawanda, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Joshua L. Cunningham, 19, Old Country Road, Rochester, is charged with disorderly conduct after allegedly fighting with security while being ejected from the concert venue.
Aaron J. Haskell, 24, Daywood Drive, Baldwinsville, is charged with criminal trespass, 3rd, after allegedly reenter the concert venue after being ejected and told not to return.
Jacob D. Raczka, 23, Boncroff Avenue, West Seneca, is charged with trespass and disorderly conduct after allegedly engaging in a fight in the concert line and then reentered the concert venue after having been ejected for the earlier fight.
Marissa E. Brucato, 18, Splendorwood Drive, Penfield, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after having been previously ejected.
Aaron J. Goodspeed, 17, Tift Street, Buffalo, is charged with trespass after allegedly attempting to enter the concert venue after having been previously ejected and told not to return.
Jacob R. Brock, 20, Ward Road, North Tonawanda, is charged with trespass after allegedly refusing to leave Darien Lake property after being told several times.
Ryan C. Elliott, 16, Shores Road, Ulster, Pa., is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.
Amastushia L. Spikes, 22, Columbia Avenue, Batavia, is charged with three counts of harassment, 2nd, after allegedly striking a security guard and two other people while being ejected from the concert.
Christina M. Laughlon, 25, Lasalle Avenue, Niagara Falls, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.
Maverick R. McMurray, 24, Columbia Avenue, Batavia, charged with harassment, 2nd, after allegedly punching another subject in the head several times.
Ryan J. Keyes, 21, Irvine, charged with disorderly conduct after allegedly engaging in a fight while refusing to leave the venue.
The following people were issued citations for allegedly consumption/possession of alcohol under age 21.
Andrew J. Mikos, 17, Washington Street, Geneva
Joshua J. Krause, 19, Seasons Trail, Webster
Taryn E. Laffin, 19, Finwood Drive, Baldwinsville
Jade M. Massimi, 19, Penora Street, Depew
Kacey D. Ezra, 18, Parkdale Ave Fort Erie, Ontario, Canada
Patrick G. Stairs, 17, Helena Street, Fort Erie, Ontario, Canada
Joshua C. Rosettani, 17, Parkdale Avenue, Fort Erie, Ontario, Canada
Tara M. Songster, 20, School Street, Farmersville
Adrian Skudrinja, 18, Oakview Drive, Williamsville
Janelle N. Migliore, 17, Culpepper Road, Williamsville
Erika L. Rouland, 18, Keli Drive, Waterloo
Cady J. Rouland, 18, Keli Drive, Waterloo
Jessica M. Conkey, 18, Waterloo-Geneva Road, Waterloo
Kyle L. Lipp, 20, Arbor Road, Walworth
Ashley M. Monti, 20, East Main Street, Mount Jewett, Pa.
Samantha M. Battaglia, 20, Greeves Street, Kane, Pa.
Daniel R. Gocher, 19, Feigle Road, Lockport
Shanna M. Krugolets, 17, Ranch Trail, West Amherst
Hannah A. Laschiavo, 19, Millersport Hwy. Amherst
Zachary P. Rodems, 19, Glenn Oak Drive, East Amherst
Julian M. Richmond, 19, South Roberts Road, Dunkirk
Andrew J. Mast, 17, Martin Road, Clarence
Christopher J. Jackson, 19, Pendale Circle, North Tonawanda
Troy W. Berger, 19, Brockmoore Drive, East Amherst
Dylan P. Murphy, 18, Dawn Avenue, Angola
Michaela A. Stepniak, 18, Erie Road, Angola
Ashley M. House, 20, County Route 87, Hammondsport
Brandon A. Bullock, 20, Hundrat Drive, Parker Heights, Texas
Paul D. Gohlman, 19, Maple Beach Road, Geneseo
Charles J. Biddle, 20, Braunview Way, Orchard Park
Jason H. Kasper, 20, East Green Street, Olean
Jared J. Mitchell, 19, Irving Street, Olean
Alberto Rodriguez, 20, Scenic Circle, Rochester
Bria P. Cole, 19, Pleasant Street, Pottsdam
Sterling T. Jones, 19, East Avenue, Lockport
Atiana L. German, 18, Youngs Road, Williamsville
Chelsea M. Sutterlin, 19, South Union Street, Olean
Brennan J. McDonnell, 20, Woodridge Avenue, Buffalo
Aaron D. Ritter, 19, Courtly Circle, Rochester
Cody C. Cook, 17, Mayberry Drive, East Buffalo
Jacob M. Swiatowy, 19, Porter Avenue, Batavia
Nicholas J. Mungillo, 18, Union Square Batavia
Jeffrey C. White, 20, Bennett Road, Bloomfield
Michael E. Sciarratta, 19, Wendover Road, Penfield
Patricia L. Snavely, 17, School Street, Victor
Emily A. Baumgartner, 17, Gannett Road, Farmington
Jeffrey T. Kosakowski, 18, Cadyville Road, Livonia
Ryan P. Brogan, 19, Hosmer Drive, Syracuse
Katelyn N. Hemmingway, 17, Lyndale Avenue, Tonawanda
Sarra T. Kashyap, 19, West 8th Street, Columbus, Ohio
Adel R. Adam-Eskander, 17, Berg Street, Ontario, Canada
Franjo B. Taber, 19, Crowley Avenue, Buffalo
Randall J. Marcaitis, 19, Winchester Drive, Fairport
Joseph A. Vecchiarelli, 20, Main Street, Woodstock
Madeline R. Meyer, 17, Macarthin Drive, Williamsville
Aaron D. Buckley, 18, Lakeville Lane, Webster
Zachary M. Lagana, 19, Church Street, Phelps
Like most of us, Tom King works hard to make ends meet.
So an $1,800 loss following a hit-and-run accident in Oakfield is hard to take.
He's hoping readers of The Batavian will help solve the crime.
His wife's car was struck by a dark-colored pickup truck at about 11:30 p.m., July 6 on Sunrise Parkway. The truck, driven by a male driver, then fled the scene at a high rate of speed. The truck likely suffered front-end damage.
State Police are handling the investigation but have been unable to locate the truck or the driver.
King's wife and daughter were in the car and suffered minor injuries. King was standing on the front porch of his home, he said, and witnessed the accident.
The car is a total loss. The rear was smashed and the frame cracked.
"All I'm asking for is a little help," King said. "We work hard for the little that we have, but an $1,800 loss for the car is too much."
Anybody with information that may help solve the case can contact State Police at (585) 344-6200.
A man who suffered a serious head injury during an altercation at the Kid Rock concert at Darien Lake on July 6 is making medical progress, according to a Facebook page maintained by his family.
Jason McNeil, 43, of Tuscaloosa, Ala., has reportedly been sitting up and communicating with his family.
Here's an entry from Sunday:
Today was a good day. Jason was sitting up, waiting on our arrival. He looked himself and even gave me a kiss! I also got the "I love you" sign before we had to leave. He was exhausted by the end and we left him to rest. Praying for more good days to come.
The man who allegedly hit him, Craig Malcolm Lawson, 34, of Talbot Street, Courtland, Ontario, Canada, was originally scheduled for a court appearance this evening, but that appearance has been rescheduled to Sept 3.
The attorney handling the case for the prosecution, Robert Zickl, is out of the office today, so we don't know why the appearance was rescheduled, but it's also not unusual to change appearance dates at this stage of proceedings.
Lawson was initially charged with a misdemeanor, assault in the third degree, and while it's possible the charge could be upgraded to a felony of assault, 2nd, the prosecution would need to prove the suspect intended to cause serious physical injury to sustain the charge.
According to witness accounts, McNeil was hit once and fell backward, striking his head on the pavement.
He was initially in a coma but according to the Facebook page, he appears to be conscious and aware of the people around him over the past few days.
McNeil, originally from Alden, is reportedly well known in Tuscaloosa for his volunteer and charity work.
His family set up a donation page to help assist with his medical needs, which has so far received more than $44,000 with 11 days left to reach a goal of $50,000. Among the apparent donors was Kid Rock, who reportedly gave $5,000.
In their vigorous effort to keep their client out of state prison, the attorneys for Jacquetta B. Simmons have presented arguments to the Appellate Division, Fourth District of the NY Supreme Court that challenge both her sentence and her conviction.
SImmons is the young woman who hit Grace Suozzi, then a 70-year-old cashier at Walmart on Christmas Eve 2011, and was later convicted of felony assault based on the injuries sustained by Suozzi and her age relative to Simmons, who was 26 at the time.
A year later, following a jury trial in Genesee County Court, Simmons was sentenced by Judge Robert C. Noonan to five years in prison and three years probation.
The defense contends that the sentence is harsh and excessive, that the evidence presented at trial doesn't support the finding of the jury, and even if it did, the law used to convict Simmons is unconstitutional.
District Attorney Lawrence Friedman has a differing view of the facts and the law and filed an answering brief.
Friedman said the attorneys will likely make oral arguments before the appellate court sometime in September and a ruling isn't likely before the end of the year.
Meanwhile, Simmons, now a mother, is out of prison with her sentence stayed until a decision is rendered.
Here's a summary of the defense's appeal:
The sentence is harsh and excessive.
The defense contends that under the current justice system, a judge is charged with selecting a sentence that will be best suited for rehabilitation of each defendant.
The judge should consider: 1) the nature of the offense; 2) the community's condemnation of the defendant's conduct; 3) the necessity of protection of the community; 4) the deterrent effect on others; 5) the potential for rehabilitation; and, 6) the defendant's previous record.
The defense leans heavily on the lack of criminal history for Simmons and her record of as a productive member of society, who had a job, an education and a history of volunteering in her community.
The defense contends that what Simmons did Dec. 24, 2011 -- whether it was a punch (as the prosecution maintains), a hit (the defense version) or an accident (the defense's argument at trial) -- it was "out of character" for a young woman admired by those who really know her.
While the prosecution maintained at sentencing and in its answering brief that Simmons has shown no remorse, the defense -- attorneys Earl Key and Anne Nichols -- are adamant in briefs that Simmons truly regrets her actions that busy shopping day in Walmart.
They state that at trial, Simmons admitted that she had opportunities to tone down the conflict at Walmart, but proceeded in a manner that eventually led to a harmful result.
"I still hold no hate or bitterness for Grace," Simmons said at trial. "I wish I had stop(ped) my movements before I pulled away then maybe there would have been no harm to her. I would take back that moment a million times."
The defense notes that the Probation Department, in its pre-sentence report, recommended a community-based (no jail time) sentence for Simmons.
The defense also cites several convictions in New York where defendants convicted of more serious crimes were given no more than five years in prison, or were given harsh sentences that were later reduced by the appellate court.
The verdict went against the weight of the evidence.
The defense has a different version of events and sees the testimony differently than the prosecution.
Whereas the prosecution argued at trial that Simmons planted her foot, swung back her arm and took a round-house punch that knocked Suozzi across the floor and caused facial fractures, the defense argues there is a different narrative that the jury did not fully consider.
The defense says the evidence presented at trial shows that Simmons was attempting to leave the store when Suozzi stepped in front of her and another Walmart employee grabbed the arm of Simmons, causing Simmons to swing it forward, striking Suozzi unintentionally.
According to the defense brief, Suozzi and other witnesses either forgot key facts or changed their testimony from their original statements to police in a manner that exaggerated events (Dylan Phillips, for example, was the only witness who testified that Simmons used the C-word at trial and was 15-20 feet away from the altercation).
On the other hand, according to the defense, Simmon's has remained consistent in her statements from the time of her arrest through her testimony.
"She maintained from day one that someone grabbed her arm from behind as she was pulling away as Ms. Suozzi came out from her register to confront her when she was struck," the defense states in its brief.
The defense contends also that Suozzi overstated the nature of her injuries at trial. The brief says that medical records provided to the jury show that her doctor wrote the month after the incident that her fractures were healed and that doctors' notes state that she said she wasn't taking pain medication (at trial, she said she took prescription pain pills for two weeks before switching to Tylenol).
The defense concludes, "... even in viewing the evidence in a light most favorable to the People, that the verdict of guilt is against the weight of the evidence and should be overturned."
The statute is unconstitutional.
After the basic felony assault charge against Simmons was thrown out because Noonan ruled that the grand jury had not received sufficient evidence that Simmons intended to cause serious physical injury, the prosecution was left with only one felony count to try.
That count is a relatively new law that makes it a felony for a person much younger than a person over 65 to cause injury to an older person.
It's often referred to as an elder abuse law.
The dispute between the defense and the prosecution over the law hangs on an arcane legal term, "strict liability."
Think of getting a speeding ticket: If you are driving in Corfu, going 55 mph in a 35 mph zone, it's no defense that you didn't know the posted speed limit was 35. You were going 55 in a 35 mph zone. You're guilty. Period.
In the Simmons case, the prosecution -- and Noonan agreed -- that Simmons need not have knowledge of her victim's exact age to violate the law. That's strict liability.
The defense contends the Legislature, in passing the law, did not intend strict liability, that in order to violate the law, the defendant would need to have knowledge of the victim's age.
"The grammatical construction," the defense writes, "of the statute couples the culpable mental state with the requirement that the actor cause injury to 'such person' which literally reads as an intent element requiring the defendant to have intended to assault a person age 65 years or older, which thereby requires knowledge of the victim's age."
Also, the legislation was enacted, the brief states, to deal with predatory attacks on seniors.
"The case of Ms. Simmons and Ms. Suozzi is certainly not one of a predatory attack," the defense states.
That statute as written, the defense contends, denies a defendant due process under the Fifth and Fourteenth amendments.
The prosecution answers.
The brief from the District Attorney's office, written by ADAs Will Zickl and Melissa Cianfrini, argues that the defense is wrong on both the law and the facts.
Key to the prosecution's case is what Simmons knew and when she knew it, and that isn't a matter of Suozzi's age, but whether Simmons intended to strike her.
While the defense has portrayed the act of Simmons hitting Suozzi as an accident, the prosecution states that in testimony and evidence, Simmons clearly knew what she was doing and why she did it, and has never shown remorse for her actions.
When Simmons was interviewed by Trooper James Baines the night of Dec. 11, 2011, Simmons waived her Miranda rights. Simmons asked to review the surveillance footage from Walmart.
Baines testified that Simmons then said, "someone grabbed her. She doesn't remember what happened. She just punched."
According to Baines, Simmons knew Suozzi was taken to a hospital, but never asked about her well being.
At trial, under cross-examination, Simmons admitted she was angry when a Walmart cashier asked her for a receipt for a prior purchase.
In a series of questions by Friedman, Simmons was asked about punching Suozzi, with Friedman repeatedly using to the word punch, and Simmons never corrected his use of that word.
At the end of the series of questions:
Q. She was a foot away from you, right in front of you, when you punched her, isn't that what you just said?
A. Yes.
Simmons also testified overhearing a woman in the Walmart parking lot after she and her brother ran out of the store saying, "You can't hit a white woman like that."
Under questioning from Friedman, Simmons said that contrary to the testimony of Baines, she did ask if Suozzi was hurt.
Q. You asked how she was before he showed you the video?"
A. Yes, I did.
Q. So, before you ever knew you hit her, you asked Trooper Baines how she was, right?
A. Yes.
When it comes to the conviction, the prosecution states, "the testimony of the People's witnesses was essentially harmonious and, together with the video evidence offered by the People, painted a clear picture of the case. The defendant was hostile and increasingly aggressive during the incident, and the vicious punch the defendant administered evinced her intent to cause physical injury to the victim."
As for the constitutional question, the prosecution contends that the trial court ruled correctly that the Legislature intended strict liability under the law and that state of mind about the age of the victim was not necessary to win conviction.
As for the sentence, the prosecution continues to maintain that Simmons has never expressed sincere remorse or any real concern for the injuries inflicted on Grace Suozzi, therefore, the five-year prison sentence should stand.
"Despite the fact that the defendant's behavior would have justified an even greater sentence, the court demonstrated lenity by imposing considerably less than the maximum amount of incarceration available to it."
In response to the prosecution's brief, Nichols filed a response with the court that argues strenuously that Simmons expressed remorse.
"At sentencing," Nichols writes, "Ms. Simmons stood up in an open court and stated, 'I just want to say how truly sorry I am about the incident that happened. I hate that Grace and her family had to endure all the things that they are going through right now."
That's remorse, Nichols said.
"Plantiff-Respondent and the sentencing court have simply chosen to not accept Ms. Simmons' statements of remorse, which is different than Ms. Simmons not showing remorse at all."
It will be up to a group of justices in Rochester to sort through these contradictory views, decide which facts hold the most weight and how the law should be properly applied.
Whatever their decision, the case won't necessarily be over, with an appeal to the state's top appeals court possible.
For previous coverage of the Simmons case, click here.
A second suspect has been arrested in the June 1 burglary of the Sherwin-Williams paint store on Liberty Street, Batavia.
Michael J. Elmore, 22, of 130 Bank St., Batavia, is charged with third-degree burglary. He is accused of participating in the break-in and entering the story during the burglary.
Earlier this month, a former employee, who worked at the store at the time, was accused of supplying a key to the theives to help them with the burglary.
Rebecca G. Morse, 21, of 130 Bank St., Batavia, is charged with burglary, 3rd. She allegedly received a portion of the proceeds from the burglary.
Elmore was jailed on $10,000 bail.
The investigation is continuing.
Kyle Jackson, 21, of Slusser Road, Batavia, is charged with grand larceny, 4th. Jackson allegedly drove an electric shopping cart across the Walmart parking lot, onto Route 63 and into the parking lot of Rite Aid at 4:30 a.m., June 12.
Douglas G. Goodwin Jr., of 130 Bank St., Batavia, is charged with offering a false instrument, 2nd, grand larceny, 4th, and criminal mischief, 3rd. Goodwin is accused of entering an apartment and stealing a hot water tank, gas and water lines and other items. Goodwin was jailed on $10,000 bail.
Foster M. Brandt, 22, of 20 Tracy Ave., Batavia, was arrested on warrants for obstruction of governmental administration and criminal mischief, 3rd. Brandt was jailed on $2,000 bail.
Christina A.M. Deluna, 33, of 122 State St., Batavia, is charged with harassment, 2nd. Deluna was arrested by Batavia PD following an investigation into a domestic incident reported at 6 p.m, Friday.
Angela S. Bianco, 42, of 137 State St., Batavia, is charged with petit larceny. Bianco was allegedly seen on security footage at Save-A-Lot taking a Red Osier billfold belonging to another customer.
Bryon Gilbert Keller, 18, of Sumner Road, Corfu, is charged with petit larceny. Keller is accused of stealing a laptop computer from a residence in Darien.
Frank Lyman Stanton, 32, of Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and no/inadequate exhaust system. Stanton was stopped at 12:32 a.m. Sunday on South Lake Road, Bergen, by Deputy Patrick Reeves.
Joshua Todd Fullmer, 20, of West Main Street Road, Batavia, is charged with criminal possession of a weapon, 4th, and unlawful growing of marijuana. At 5:48 p.m., Saturday, deputies responded to a report of a fight at 3124 W. Main Street Road, Batavia. Upon investigation, Fullmer was allegedly found in possession of brass knuckles and had several marijuana plants growing on his property.
Joshua Christopher Uptegrove, 27, of Meadville Road, Alabama, is charged with harassment, 2nd. Uptegrove allegedly pushed another person during an argument.
Anthony L. Holohan, 77, of Gilmore Road, Corfu, is charged with criminal mischief, 2nd. On July 11, an employee of the Log Cabin Restaurant arrived at work and found a hole in a picture window in the dining room. Later he found another window was damaged. After an investigation, Holohan was arrested and accused of damaging the windows at about 3 a.m., July 11. The estimated damage is $2,260. There's no known motive for the alleged crime. Holohan posted $5,000 bail and was released.
Ryan C. Riggi, 18, no permanent address, is charged with two counts of criminal possession of stolen property, 4th. Riggi is accused of twice possessing and using a credit card of another person, stealing more than $3,000. Riggi was jailed on $10,000 bail.
Danielle Marie Stevens, 36, of Ford Road, Elba, is charged with petit larceny and criminal possession of a controlled substance, 7th. Stevens is accused of stealing a bottle of hydrocodone pills from the purse of another person.
Matthew Charles Olcott, 34, of West Main Street Road, Batavia, was arrested on warrants out of the Town of Pembroke and Town of Batavia, for criminal possession of a controlled substance, 7th, violation of probation, attempted unauthorized use of a vehicle, 3rd, and aggravated unlicensed operation of a motor vehicle, 2nd. Olcott was arraigned in Town of Batavia Court on all charges and jailed on $500 bail on the Town of Pembroke charges.
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