A woman has hit a dog near the five corners on Bank Street Road, Batavia.

The dog is injured. The woman's car is damaged.

A Sheriff's deputy is responding.

The woman doesn't know who owns the dog.

A tractor-trailer has reportedly lost a box of nails on West Main Street near River Street, Batavia, and the contents are "spread out over quite a distance."

The nails are in an eastbound lane.

A Probation Department car has been involved in an accident on West Main Street near Bogue Avenue.

It's a minor, two-car accident with no injuries and it's not blocking traffic.

Batavia PD responding to take a report.

A two-car accident is reported at West Main and Lyon streets. One passenger is complaining of back pain. A State Trooper is on scene. City fire and Mercy EMS are responding.

UPDATE 12:39 p.m.: A second ambulance is dispatched to aid another person complaining of back pain.

UPDATE 1 p.m.: A man is being taken to UMMC after complaining of back pain. The other medic is back in service.

Jacquetta B. Simmons is the first person in Genesee County to be prosecuted under a law passed by the State Legislature in 2008 making it a Class D felony to assault and cause injury to a person 65 or older.

The legislation, called "The Granny Law" and sponsored by Speaker Sheldon Silver, was passed in response to a series of violent attacks on elderly people in New York City, including the violent mugging of a 101-year-old woman, Rose Morat, of Brooklyn.

Gov. David Paterson signed the legislation into law as part of a package of laws protecting seniors from "elder abuse," both physical crimes and scams.

As a felony, defendants charged under the subdivision of assault in the second degree face a possible state prison term of anywhere from 2 to 7 years, but, unlike higher-level violent felonies, a state prison term is not mandatory for a Class D violent felony.

That will leave room for a plea deal for Simmons, but the case is still very early in the process and District Attorney Lawrence Friedman said his office hasn't had the opportunity to review the evidence yet.

The case will eventually move from Town of Batavia Court to Genesee County Court. But before that happens, there needs to be either a waiver of a grand jury presentation or the case must be presented to the grand jury.

"We haven't received the case yet," Friedman said. "The next step is we get the file and review the evidence."

Based on a review of the evidence and the circumstances of the case, Friedman's office will determine how to proceed with the case.

Simmons is scheduled to reappear in town court Jan. 23.

The 2008 law will make the case somewhat easier to prosecute, Friedman said.

In a situation such as this, in order to sustain a charge of assault in the second degree, prosecutors were previously required to prove "serious physical injury." But the 65-or-older charge requires only that the prosecution prove that the suspect intentionally caused "physical injury" to a victim who is at least 65 years old and that the suspect is more than 10 years younger than the victim.

"We're grateful that this newer charge is there for a situation like this," Friedman said. "It gives us an advantage. We don't have to establish serious physical injury just physical injury. That lessens our burden."

Firefighters from Alexander, Bethany and Darien are requested to stand by in their halls in case they are needed to provide mutual aid to the Attica Fire Department.

UPDATE 12:13 p.m.: Per Attica, all three fire departments are put back in service.

An accident is reported in Oakfield. A car struck the Wilson Farms Market building. There are believed to be no injuries. The store is located at 25 S. Main St. Sheriff's deputies are on location.

Two people were injured in a crash on Lockport Road at Route 98, Elba, at 5:47 p.m. Wednesday, after one of the drivers allegedly failed to stop for a stop sign.

Transported to UMMC with non-life-threatening injuries by Mercy EMS were Kevin A. Dutton, 35, of Garden Park Apartments, Albion, and Dylan D. Dutton, 13.

Cited for allegedly failing to stop was Charles L. Hudson, 39, of Cottage Court, Warsaw.

Hudson was reportedly westbound on Lockport Road and Dutton was traveling southbound.

Neither Dutton nor his two passengers were injured.

A third person in Hudson's car was also not injured.

The accident was investigated by Sgt. Greg Walker.

(Initial report)

Stephen Irvine Stone (photo), 45, of South Lake Street, Bergen is charged with sodomy, 1st, rape, 1st and criminal sexual act, 1st. Stone is accused of engaging in oral sexual conduct with a six-year-old girl in 1997 and 1998. Stone is accused of engaging in sexual intercourse with a 13-year-old girl by forcible compulsion in 2004. Stone is accused of engaging in sexual intercourse with a 16-year-old girl by forcible compulsion in 2008. Stone was arraigned in Le Roy Town Court and jailed on $100,000 bail.

Gene Douglas Snyder, 30, of Orchard Street, Oakfield, is charged with harassment, 2nd. Snyder is accused of subjecting another person to unwanted physical contact.

Travis Lavern Schossow, 25, of West Main Street Road, Batavia, is charged with criminal contempt, 1st, endangering the welfare of a child and harassment, 2nd. Schossow is accused of pushing his girlfriend into a dresser, allegedly violating a no-offense conduct order out of City of Batavia Court. Schossow is also accused of throwing a plastic cigarette case at a wall. The case reportedly bounced off a wall and struck a 12-year-old child in the neck causing a scratch. Schossow was jailed on $2,000 bail. A stay-away order was issued for the alleged victim and her child.

Police have been dispatched to the Thruway overpass on Route 98 where a person is setting up a tripod and camera.

(For the record, it's not me -- though if somebody called police every time I set up a tripod and a camera I'd spend a lot more time talking with deputies and a lot less time taking pictures.)

A three-car accident with unknown injuries is reported at Route 98 and Lockport Road in Elba. Elba Fire Department and Mercy EMS are responding.

UPDATE 6:35 p.m.: One person is being transported to UMMC with complaints of abdominal pain.

UPDATE 6:45 p.m.: There were three two injuries reported. One person is being taken to a hospital via Mercy Flight. The third second victim either declined or did not require transport. Traffic is heavily backed up. Route 98 remains closed until the tow trucks clear the scene.

UPDATE 6:51 p.m.: The roadway is being reopened.

A one-car accident is reported at 2616 Walker Road in Alexander. There is a "very minor injury" but extrication is needed. The car is off the roadway. Alexander fire and ambulance are responding.

In Batavia today, it looks like we're getting hit with our first real winter storm -- as minor as it is, it's still a bit more of a storm than the previous snow showers.

The National Weather Service even issued a weather advisory in effect until 6 p.m., though it looks like the current snow front will pass out of the area around noon.

One to three inches of snow is predicted.

There are hazards from blowing snow -- winds up to 35 mph -- and freezing roadways.

While temperatures are in the low 20s, the wind chill could drop the "feels like" temp to single digits.

I can't say I've had my ear glued to the scanner 100 percent of the time this morning, but so far, not much in the way of traffic accidents (knock on wood), which is a bit out of the ordinary for a first snowstorm in WNY.

Snow is predicted for at least part of each of the next five days.

A fast-paced performance entitled "Therapy" opens tonight in the Harvester 56 Theater on Harvester Avenue, Batavia.

The performance consists of various dances set to pop and rock songs that many members of the audience may identify. 

Genesee County natives Tara Pocock and Trent Jeffords came up with the concept and choreographed the production. In addition to the two choreographers, the cast includes Amanda Crowley, Zack Durkin and Erin Dunham.

The show, which lasts approximately one hour, is composed of numerous dances and a few spoken lines that tell the stories of fictional characters who take part in a group-therapy session. 

Due to the adult themes depicted in the dances, the production is recommended for teenagers and adults. 

Each of the characters has a specific personality and unique problems, which are more fully developed in the second act. The performers make good use of the black box stage, which allows audience members to have a good view of the dancers from three sides of the stage in this intimate setting.

"Sometimes we discover that what seems like the smallest of problems actually have an enormous effect on our lives, Jeffords said. "This show is the embodiment of this concept."

"Therapy" will be performed at 7:30 p.m. on Wednesday, Thursday and Friday. The proceeds collected from audience members' suggested donation of $5 will be used to support community theater through the Batavia Players.

Calling it "Grace for Grace," a Walmart employee contacted The Batavian and said employees have set up a clear box at the customer service desk for well-wishers to drop off get-well cards for Grace Suozzi.

Cards can also be mailed to Grace Suozzi at the store, Walmart, 4133 Veterans Memorial Drive, Batavia, NY 14020

Previously:

• Walmart greeter, age 70, seriously injured after allegedly being punched by 26-year-old woman
• Witnesses describe combative situation after Walmart employee asked to see receipt

Dora L. Poodry, 18, of Shanks Road, Basom, is charged grand larceny, 3rd. Poodry is accused of stealing cash from a residence on Shanks Road over a period of four months totally more than $3,000. Poodry was jailed on $10,000 bail. The case was investigated by Deputy Kevin McCarthy and Investigator Kris Kautz.

Le Roy resident Ed Spink has spent the past four days knocking on doors looking for his 16-year-old cocker spaniel, "Molly."

Initially, Spink feared that a young man in a black Cadillac had stopped near a car wash in Le Roy and taken the dog. But it turns out the Caddy driver was local businessman Tim Walton, who tried to capture the dog because it was running in and out of traffic on Route 5, but the dog ran into a wooded area.

Spink's father takes care of the dog on weekdays, Spink said, and had the dog when it escaped.

"She must have gotten disoriented," Spink said.

Walton, who owns Pink Gorilla Tees, on East Main Street, Batavia, was with his girlfriend, Jenna Hubbard, when they spotted the lost dog. Walton shared the following description of events:

"We were driving down Route 5 and there was traffic backed up a few cars and another couple was in the road chasing a soaked and mud-covered dog that was running back and forth in traffic. I got out to help them and the dog got away from the traffic for a few seconds."

As the other couple left, the dog proceeded to turn around again toward the road.

"I was nervous that he would run back into traffic and get hit. I had a dog bone from my puppy in the car that I used to hopefully get him to come to me as I followed him up the hill towards an apartment complex. He would turn around and start to come to me until he got within a few feet then he would turn around and jog away. It seemed like a friendly dog and I was just hoping that I could get close enough to read his tags but the dog wouldn't allow it."

Walton followed the dog all the way up the hill until he walked into the wooded area next to the complex.

"At that point there was nothing else I could do. I just wanted to make sure he was safe and wasn't likely to wander back into traffic.

Spink said somebody told him the dog was spotted yesterday near the Kwik Fill on Route 5 in Le Roy, but he still hasn't been able to find the dog.

Anybody with information on the whereabouts of Molly can call Ed at 585-797-3731.

The 26-year-old Batavia resident accused of hitting a Walmart employee on Christmas Eve, yelled several obscenities at the 70-year-old woman before punching her in the face, according to several witnesses who made statements to the police.

The statements are contained in the court file of Jacquetta B. Simmons, of 106 Ellsworth Ave., Batavia, charged with two counts of assault in the second degree.

Th statements are from a dozen witnesses who describe the alleged incident either in detail or made the same general observations.

The altercation began, according to reports, when the employee asked a companion of the suspect for a receipt for merchandise in a shopping bag he was holding. Both of the customers refused to produce a receipt, according to the reports, at which point the employee reportedly grabbed the bag from the man.

The employee and a manager said they were enforcing Walmart policy, but numerous online articles say blanket policies have proven legally treacherous for retail stores.

More than a dozen statements about the alleged incident are contained in the court file of Simmons.

The employee, Grace Suozzi, was taken to UMMC where she was treated for injuries to her eye, jaw and cheek, including bone fractures. Souzzi's glasses were also broken when she was hit.

Suozzi gave a statement to a trooper while at the hospital.

"I was working at Walmart on register 2 when I asked a man for a receipt," Souzzi says in her statement. "The man said that the bag was the female's who I was checking out. The man and the woman both refused to show me the receipt, which is the company's policy. I paged my manager about three times. I walked around and took the bag from the man. The female grabbed the bag from me, yelling at me saying the F word every other word. I grabbed the bag back and the bag tore."

According to Suozzi's statement, customer service managers arrived at the register and the argument continued and, as Souzzi put it, "the female decked me."

While Suozzi states she was upholding store policy, several online articles indicate if Walmart's policy is to detain and require a customer produce a receipt for a purchase without suspicion of theft, it may be violating the customer's rights.

The Washington Post wrote about such policies in 2007 and The Legality, an online law journal, examines the issue in some detail.

According to online accounts, receipt checks must be voluntary and customers cannot be detained unless an employee has a specific belief that a theft may have taken place.

A spokeswoman for Walmart said the company may release a statement later on its actual receipt check policy, but meanwhile she referred The Batavian to a loss prevention expert with the National Retail Federation, based in Washington, D.C.

"Of course," a customer may refuse to produce a receipt, said Joe Larocca, but a store may also refuse service to customers, and a customer who isn't cooperative may find himself barred from the store in the future.

Every retail chain has its own policies, Larocca explained, but they're all active in aggressive loss-prevention measures.

A retail store employee can detain anybody the employee reasonably suspects of theft, Larocca said, and stores are legally protected when an actual theft is suspected.

Nationally, retail stores lose $35.3 billion to theft each year.

"The number of consumers who complain are just a handful of people," Larocca said. "By and large, customers regard the request for a receipt as reasonable. They recognize that stores must protect their merchandise. Everybody recognizes that losses in the store mean higher prices at the registers."

But online stories indicate there are times when customers challenge an employee requesting a receipt for an item purchased, such as an account in The Consumerist of a man who remained calm when confronted by Walmart employees in Virginia and eventually walked out of the store with his purchase despite never showing his receipt.

Witness accounts from Christmas Eve, however, indicate Simmons was anything but calm during the confrontation.

"Cashier Grace was working at register 2," wrote a store manager. "She asked to see a customer's receipt for a bag of merchandise they had. The woman refused to show a receipt. Then the woman began swearing loudly at Grace. The woman grabbed the bag out of Grace's hands and then punched Grace in the face causing Grace to fall to the floor."

A customer wrote, "... they were surrounded by the CSM's (customer service managers) ... they were trying to talk to her but the customer was furious and swearing and she tried to take the bag from Grace's hands so all the stuff dropped on the floor. Finally she punched her in the face and threw Grace 10 feet away."

Nearly every account describes Simmons yelling obscenities at Souzzi before allegedly hitting her.

Witnesses say Simmons was with an unidentified man who in one account tried to keep Simmons calm and in another was yelling into a mobile phone.

The accounts of store managers also indicate they believe it is Walmart's policy for customers to produce a receipt upon demand.

One manager wrote, "I was called over to register two today and asked by the customers why cashier Grace wouldn't let them leave without seeing a receipt. I told them I know that Grace had done the right thing and that we couldn't let them leave without a receipt. They started to get rude and loud and I called (another employee) over to help with the situation."

It's unclear from the statements if Suozzi was engaged in a systematic process of checking receipts, or engaged in other activities and singled out Simmons and her companion for some reason. It's also unclear why Simmons and her companion had a bag full of previously purchased merchandise while at the cash register.

The court file contains no statements by Simmons nor her companion.

State Police have said that Simmons did have a receipt for the items in the bag and is not accused of stealing anything from Walmart.

The Batavia resident is out of jail on $40,000 bond and is scheduled to appear in court again Jan. 23.

Simmons is charged with two counts of assault, 2nd, one for allegedly causing serious injury and the other for allegedly injuring a person 65 or older.

As a first-time offender, Simmons is facing a possible sentence, if convicted, of two to seven years in prison.

The statute making assault on a person 65 or older a Class D felony was passed in 2008.

NOTE: On Sunday, we published a story with a witness statement saying Simmons was smiling after she was cuffed. We've heard from several other people who contradict that statement, describing Simmons conduct in widely differing accounts, from hysterical, to angrily yelling, to calm and emotionless, but nobody else reports seeing her smiling.