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Walmart greeter, age 70, seriously injured after allegedly being punched by 26-year-old woman

By Howard B. Owens

CORRECTION: The employee allegedly assaulted was a cashier, not a greeter.

A 70-year-old greeter at Walmart suffered fractures on the left side of her face Christmas Eve after a 26-year-old woman allegedly punched her after being asked for her receipt for items in her shopping bag.

The young woman reportedly ran from the store and, according to witnesses and several customers, chased her and surrounded her car, preventing her from leaving until police arrived.

"One of the biggest things to note is that the community actually stood up and did not let this person get away with what she did," said one witness, who asked to remain anonymous. "Even on this busy shopping day, dozens of people stayed behind and made police reports."

Charged with two counts of assault in the second degree -- one for alleged attempt to cause serious injury and another for allegedly injuring a person 65 or older -- is Jacquetta Simmons of 106 Ellsworth Ave., Batavia.

Simmons was arraigned in Town of Batavia Court by Justice Michael Cleveland and committed to Genesee County Jail on $20,000 bail or $40,000 bond. She's scheduled to reappear in court Jan. 23.

The injured woman was taken to UMMC with a swollen face and multiple facial fractures.

Witnesses say the woman is a longtime employee of Walmart and loved by many.

The employee was reportedly working near the front doors of Walmart when Simmons tried to exit carrying a bag of merchandise. The victim asked Simmons for her receipt. It's unknown if there was any other conversation, but it was at this point that Simmons allegedly punched the victim, who was knocked to the floor.

Simmons then reportedly ran from the store, chased by other customers. 

Batavia police arrived on scene first, but Walmart is outside of the city, so State Police took over the investigation once on scene.

In comments on The Batavian's post yesterday, Michelle Wheatley, a witness, said, that as she was leaving she saw the suspect "standing by the police car in handcuffs with a big smile on her face."

UPDATE: Simmons posted $40,000 bond and was released from jail pending her next court appearance.

Winner picked in Shop Batavia / Roxy's Music contest

By Howard B. Owens

Jordan Fleming was picked in a random drawing as the winner of our Shop Batavia / Roxy's Music Facebook "Like" contest.

Fleming wins either a Peavy Stage Pack Electric Guitar Starter Pack or $150 in-store credit.

Congratulations to Jordan.

Rollover accident with injuries reported on the Thruway

By Howard B. Owens

Emergency dispatch is getting multiple calls about a rollover accident on either the Thruway or the I-490, or both.

Callers for the two different locations report a black SUV being involved.

Le Roy fire, Mercy EMS and Le Roy ambulance dispatched.

Responders will be checking both locations.

UPDATE 4:09 p.m.: One patient, out of the vehicle, walking. Mercy Flight was on standby, is now cancelled. The accident is on the Thruway.

Fight reported in Walmart

By Howard B. Owens

A person has reportedly struck a cashier in Walmart.

The suspect, a black male, has fled and employees are chasing him in the parking lot.

Police are responding.

UPDATE 11:20 a.m.: It sounds like they have a suspect stopped. The victim is in the ladie's restroom, requesting an ambulance. Batavia PD are on scene.

Minor injury accident reported on West Main Street Road

By Howard B. Owens

One person is reporting head and neck pain following a motor vehicle accident on West Main Street Road, Batavia.

The cars are reportedly in the parking lot of That Taco Place.

Town of Batavia Fire and Mercy EMS dispatched.

Cadillac driver reportedly grabs man's cocker spaniel

By Howard B. Owens

Message from Edward Spink:

A man in a Cadillac picked up my Cocker Spaniel  by the car wash in LeRoy NY  on Main Street 12\22\2011 in the evening. She is blonde –white and sixteen years old. If anyone knows the whereabouts of her please contact me …she is a part of our family and dearly missed.

585-797-3731

Man struck by train not seriously injured

By Howard B. Owens

A person suffered an apparent arm injury early Saturday morning after being struck by a CSX train near the Wortendyke Road crossing.

RIchard J. Kubus, 31, no permanent address, was reportedly walking on railroad ties outside the tracks when he was struck by the train's snowplow.

The train stopped and a conductor called 9-1-1 at 3:49 a.m.

When deputies responded they found Kubus walking along the tracks.

Kubus was transported to ECMC for evaluation. His injury is not believed to be life threatening.

Assisting at the scene were Mercy EMS and the East Pembroke Fire Department.

The investigation is being conducted by Deputy Jason Saile, Deputy Eric K. Seppala and Sgt. Thomas Sanfratello, along with CSX security.

(Initial report)

Drug and weapons charges filed against Maple Street resident

By Howard B. Owens

A Maple Street resident is being held in jail without bail and charged with a handful of alleged crimes after local law enforcement executed a search warrant on his apartment Friday evening.

Edward R. Freida, aka "Rob," aka "Turtle," 40, of 10 Maple St., is charged with criminal possession of a weapon, 3rd, criminal contempt, 1st, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and criminally using drug paraphernalia, 2nd.

Members of the Local Drug Task Force, along with uniformed deputies, including the K-9 unit, and Batavia PD officers, executed the search warrant shortly about 6:30 p.m., Friday.

Investigators allegedly found a quantity of heroin, some marijuana, five switchblade knives and four long guns along with drug paraphernalia.

Person reportedly struck by train on Upton Road

By Howard B. Owens

A person on Upton Road near the CSX crossing may have been struck by a train.

The initial call was the person was conscious and alert, but a first responder has asked for the ambulance to "step it up" because the patient is in and out of consciousness.

East Pembroke Fire and Mercy EMS dispatched.

The train has stopped.

UPDATE 4:21 a.m.: A CSX investigator is in route, one hour ETA.  A deputy responds that the patient will be transported to the hospital, "at a minimum for a mental health evaluation." CSX asks through dispatch if the person was actually struck. The deputy states, "The conductor says yes, but the physical evidence suggests otherwise."  Later, the deputy reports, "Disregard what I previously said. There is an arm injury."

UPDATE 4:32 a.m.: CSX asks through dispatch if trains can pass at a reduced speed on the other track. A deputy responds, "We're going to be all set here. The can proceed as soon as the train is ready to go."

Police looking for assailant who stabbed man walking on Liberty Street

By Howard B. Owens

A person was seriously injured on Liberty Street on Friday night when he was stabbed by an unidentified assailant.

Police are looking for a suspect described as a black male, approximately 5' 10" and 160 lbs.

The victim was walking alone on the 100 block of Liberty at about 9 p.m., according to police, when the assailant attempted to steal property from the victim's pockets.

After trying to steal the property, the assailant stabbed the victim in the lower back.

The victim was transported by Mercy EMS to UMMC.

Police ask that anyone with information that may assist in the case to call Officer Chris Camp at 345-6350 or the confidential tip line at 345-6370.

Congresswoman Hochul will meet with constituents in Corfu on Jan. 10

By Billie Owens

Press release:

Congresswoman Kathy Hochul today announced she will host four “Congress On Your Corners” in January, where she will meet with constituents to discuss issues that affect New York’s 26th Congressional District. One will be held in Genesee County, as follows:

Corfu
Tuesday, Jan. 10 at 1:30 p.m.
Pembroke Community Center
116 E. Main St. (Route 33)

“These forums give me and my staff the opportunity to hear directly from my constituents and hear their concerns,” Hochul said. “Meeting with Western New Yorkers allows me to take their views back to Washington and find solutions to the problems facing our region.”

At each of these “Congress On Your Corner” events, constituents will have the opportunity to talk with Congresswoman Hochul and her staff about a wide array of federal matters, as well as any constituent's casework, including Medicare, Social Security, veterans' benefits, and other issues.

 

Local businessmen find success with expansion in Clarence

By Howard B. Owens

Paul Berardini has gotten a warm welcome in Clarence.

When you make good food for people, things like that tend to happen.

The second location for Batavia-based Pauly's Pizza is really catching on, Berardini said, but what really kicked business up another notch was a rave review in the Buffalo News.

"That was priceless," Berardini said. "She gave us four out of four pennies and I've been told nobody has gotten four out of four pennies in a long time."

Berardini and partner Dave Stupp opened the new location Oct. 24 -- by coincidence, the seventh anniversary of the first Pauly's location opening on Liberty Street in Batavia (Pauly's is now located on Ellicott Street after a fire destroyed the previous location).

"This town needed something different," Berardini said. "They needed a hearth-baked pizza. They needed something we could offer that they're not used to getting in this area. They're used to pans, screens, conveyer belts, where we're doing hearth-baked, and my tenders, they've never had out here."

Where Batavia has eight pizzerias serving 18,000 people, Clarance only had four pizzerias serving 25,000.

When a prime location -- with more than 15,000 cars passing daily --  on Route 5 became available, Berardini and Stupp decided to move on it.

The 3,000-square-foot location was previously a served charcoal-pit hamburgers and hot dogs, but the owner struggled with a seasonal business, Berardini said.

The partners invested in two pizza ovens, a fryer, a griddle and all new furniture and fixtures.

"Everything you see here is new," said Berardini, who has talked in recent years about trying to find a way to expand the dining area of Pauly's.

The new location gives him a restaurant with plenty of seating.

"I always felt that a pizzeria isn't just a pizzeria any more," Berardini said. "Now we serve fish fry and ribs and pasta. We're already selling more fish fries and fingers here."

As is the process these days, it wasn't easy to get the new location open. There were delays with the health inspections and the town was giving some push back on the sign.

"Once they found out what we were investing in this place, and that we were hiring 20 people, giving 20 new jobs to the area, they kind of gave us a stay of execution on the sign," Berardini said.

Getting the restaurant open has taken a lot of Berardini's time. He hopes that after the first of the year, he can more evenly split time between the Batavia and Clarence locations. He hopes more friends and fans from Batavia will visit Clarence.

But working nearly seven days a week suits Berardini just fine for now. The new location is doing well, he feels like the employees in both locations are family, and he says he's living the dream.

"I was born to do this and this is what I love to do," Berardini said.

Barrett's: A look back and a look inside Batavia's oldest outdoor store

By JIM NIGRO

That's Mike Barrett pictured at the counter of Barrett's Batavia Marine. His father, the late Dave Barrett, sold me Remington 870 when I was 17. Knowing it was my first shotgun, he threw in a box of shells, #5 pheasant loads. Not long afterward, I purchased my first wild game cookbook. While those are two of my earliest memories of Barrett's, they are far from the first.

Barrett's was founded in 1954 by brothers Dave and Charlie Barrett. At that time, my visits to the west end of the city were either to John Castronova's Redtop for char-broiled Arpeko hot dogs or to Flavorite Farms for ice cream.

Mike Barrett has seen the numerous changes through the years and he easily recalls the wide-open spaces on the west end and the mere handful of businesses in operation then.

Not only are those establishments gone, so too are the wide-open spaces.

Today, despite the crowded surroundings and the fast-paced world around them, Barrett's remains a favorite among the outdoor crowd.

In addition to hunting and fishing gear and outdoor wear, Barrett's is still the place to take an outboard in need of repair, have a gun barrel reblued or have the eyelets on a favorite fishing rod repaired.

As might be expected, members of the sporting community don't always enter the store intent on making a purchase. Oftentimes they simply need input and advice, whether it be hunting and fishing tips, tactics, equipment care or legal aspects of their sport.

And that hasn't changed over the years. I'd be remiss if I failed to mention some of Barrett's employees who provided helpful insight in days gone by -- people like Bob Smith (now City of Batavia Animal Control Officer), Danny Carmichael and the late Paul Levins, each of whom supplied countless people with conscientious service and answers to their questions.  

Above is Jack Taylor, Genesee County Chapter president of SCOPE (Shooters Committee on Political Education). A 20-year employee with Barrett's, Jack is much like his predecessors at the store -- he's eager to assist customers.

John Lawrence, angler, hunter and former trap-and-skeet All-American, looks over a shotgun he had refinished.

Evidently, he's pleased with the results.

That's Jim Quartley perusing the aisles. He's been frequenting Barrett's since he was old enough to peddle a two-wheeler. Any fishing equipment he purchased in those early years was immediately tested in the waters of Tonawanda Creek.

Warsaw trapper Gary Smith looks over the store's inventory. He said he'll be putting out sets for mink, muskrat and beaver this season.

I've enjoyed a memorable outing or two with this guy in days gone by...He's avid trapper, waterfowler and noted flyfishermen, Ron Wickings.

In addition to his ability as a gunsmith, Mike Barrett is up to date on outdoor policy and changes that affect the outdoorsmen of New York State. Here he briefly reflects on recent issues concerning the outdoor scene. 

A customer checks out the merchandise on the used gun rack...and it brought back memories. I purchased my first rifle from that same rack in the late '60s, a Winchester 225. It was the aforementioned Bob Smith who sighted that gun in for me -- he had it dead-on at 150 yards.

It's a pity that neither of this pair cares to bring a camera afield -- if either one had ever kept a journal of their outdoor exploits it would have made a great sportsmen's anthology.

This painting on Barrett's wall reflects the atmosphere of the store itself, capturing an earlier time, when the covers of outdoor magazines weren't glossy photos, but graced with the work of gifted artists, people who created settings that captured the imagination of young outdoorsmen.

The men who walked into the store on this day -- and others like them -- have spent a good part of their life enjoying such settings, be it cattails or woodlots, field or stream. And their adventures often began with a stop at Barrett's.

GCASA executive director signs off after 11 years of service

By Daniel Crofts

David Markham has been at the helm of Genesee/Orleans Council on Alcoholism & Substance Abuse (GCASA) for more than a decade. Today, he retires from his job as its executive director.

Here the 65-year-old Markham introduces himself:

Since he started at GCASA in 2000, the organization has developed some notable new programs and won numerous national awards for both treatment and prevention programs.

The prevention efforts alone have received a government grant to head up a Drug-Free Communities Coalition (DFC) for Genesee County. In addition, they've received grants to mentor two other coalitions -- one in Orleans County and one in Lancaster/Depew.

They have earned such honors as: the Community Anti-Drug Coalition of America's (CADCA) Got Outcomes! Award in the category of "Coalition as a Whole" in 2006; the National Exemplary Award from the National Association of State Alcohol/Drug Abuse Directors ('07) ; and selection as Coalition of the Year by CADCA ('07).

Below, Markham answers some questions about himself and his career.

Did you grow up wanting to pursue a career in the social work/mental health field?

No. My college degree was in philosophy, with a minor in sociology. My first job was as a psychiatric social worker trainee at Kings Park in Rochester. At that time, the Department of Mental Hygiene (which no longer exists) was awarding grants for people to pursue careers in social work. So I went back to school on a grant from them and got a master's degree in social work from SUNY Albany. As I got into the field, I gradually held positions with greater responsibility.

I understand you have a private practice in Brockport. What type of counseling do you do?

As a licensed clinical social worker, I kind of do it all. Most of my clients deal with stress-related problems like anxiety and depression. They might have problems with their families, at work...sometimes they're dealing with grief, too. I also do couples and family counseling.

How did you get into the administrative aspect of the social work field?

Having been a clinician, I felt I had ideas about how services could be organized more effectively and efficiently. It has kind of been a dual career of mine, because I’ve continued to have my own practice. I’ve found the two (clinical and administrative work) to be interrelated in an intimate way. The way I see it, the manager is like an architect, and the clinician is the general contractor he hires to carry out the plan. There are key processes that govern the way services are delivered and develop the ability to implement those services. 

When and how did you come to GCASA?

I came in 2000. Before that, I had been the director of clinical operations at the Rochester Health Association, and about half of their programs were related to substance abuse. I left in 2000 and was looking for something else, and it just so happened that Sharon McWethy (GCASA's executive director at the time) was retiring.

What would you say has been your management philosophy during your 11 years at GCASA?

My overall philosophy is collaborative and participatory. I think it's important to understand what is important to all of the various stakeholders, whether these are clients, families, members of the community, etc. I guess I'd say I'm the opposite of an autocrat. I like to work in a way that elicits not just the cooperation, but the enthusiasm of the multiple stakeholders. That way, we can all work productively toward a common goal.

You are originally from, and currently live in, Brockport. Having worked in Genesee County through the DFC and through prevention, what has been your impression of the Genesee County community?

It's the most wonderful place I've worked in the world. And I'm not just sucking up -- I think it's the Garden of Eden. Everyone from the county executive to the Batavia city manager, to the schools to the legislature, has been great to work with. You get to know all of the officials on a very personal and collaborative level, and there's a great sense of overall collective welfare.

You don't get that in Monroe County--there's too much bureaucracy. It's more divided. There's not the kind of corruption (in Genesee or Orleans counties) that you see in Monroe County or Erie County, so it's easier to get things done. I think one of the reasons GCASA has won all these awards and been able to implement all these new programs is that the community is smaller and more tightly knit. The programs can be at a scale that's easier to design and implement.

The thing about both Genesee and Orleans counties is that even though these are rural communities, the people are very sophisticated. They're surprisingly well-educated. They have wonderful cultural opportunities because of their access to Buffalo and Rochester. So they have all the advantages of smaller, more tightly knit communities plus these cultural benefits.

The people I know (in Genesee County) are very good people. They have very good values and integrity. Working and living here has been extremely satisfying and fulfilling.

GCASA has been noted for giving employees the benefit of flexible schedules, as well as flexibility in how they manage their work projects. Some people in the business world would say this is the wrong thing to do, because it leads to a drop in productivity. How would you defend your workplace policies at GCASA?

At GCASA, we have created an atmosphere that I would like to believe is empowering to employees. And overall, it's been extremely effective. We get great outcomes, our employee satisfaction is pretty high, and we have one of the best workplaces in New York State. The fact that we've won national awards for our work says that we must be doing something right.

One thing that we, as managers, have to realize is that our employees are adults. They manage their own lives, and we should be able to respect their integrity and maturity. I don't understand why a lot of organizations feel they have to micromanage their employees. There is protocol (for workplace projects, etc.), sure -- but no one knows how to do the work better than the people who are actually engaged in it.

As a manager, my concern is with results -- which is why, when I started at GCASA, one of the first things I did was develop an outcome-based job description. A lot of job descriptions are output-based.

Our employees are adults, so we expect them to be able to get the work done (without having to micromanage them)...There are a lot of ways management works with employees to determine the "what." How they get there depends. Employees should always have opportunities to conduct themselves in a way that works for them, as long as they're getting their work done and as long as they're respecting their coworkers.

You had two young children who were killed by a drunk driver in 1993. How has that influenced your work in the field of alcohol and substance abuse?

Well, I was in the field beforehand -- that's the irony of it. It just goes to show that it can happen to anyone. I would have been doing the work I've been doing regardless. But has it influenced my enthusiasm and passion for the work? Absolutely. And I also think it has influenced my credibility when I speak at Victim Impact Panels. I try to be professional about it, but my personal experience is brought to bear.

A lot of these issues can be seen as academic, professional, or as policy issues, which they are. But these personal stories make it more real for folks. It's like (they say), "Reality is when it happens to you." Substance abuse is a lethal disease, whether we're talking about liver disease from alcohol abuse or silly nonsense like drinking and driving. Tragedies show the importance of a healthy and high-functioning community.

Do you have any words of advice for your successor?

Well, it's an easy transition, because John Bennett (former director of GCASA's treatment services) and I share a lot of the same values. I guess what I would say to John is, first of all, to be understanding of our collaborators and have healthy, meaningful, positive relationships with all stakeholders. We work across systems. I think what has made GCASA so successful is its great collaborative partners. It's a lot of work, but if we work to maintain those relationships, we'll be okay.

What do you plan to do now?

I'm going to continue with my private practice on a part-time basis. I've been working two jobs for years, and I'm finally at a point in my life where I can work just one. I'm also involved in a lot of activities for the Village of Brockport and for my church. Finally, I plan on spending more time with family -- I have seven children and 13 grandchildren.

Markham's birthday is Christmas Day. He will be 66.

For more information on GCASA, visit the organization's blog, GCASA Cares, at www.gcasacares.blogspot.com.

Grand Jury Report: Indictment filed for strangulation and assault

By Howard B. Owens

Michael A. Mistler is indicted on a charge of strangulation, 2nd, and assault, 2nd. Mistler is accused of obstructing the breathing and blood circulation by applying pressure to the victim's neck during an alleged incident July 22. Mistler is accused of trying to cause serious physical injury to the alleged victim.

Steven A. Mullen is indicted on charges of failure to register a change of address and offering a false instrument for filing. Mullen is a convicted sex offender and is accused of moving to a motel on West Main Street, Batavia, then he allegedly failed to register his change of address. Mullen allegedly filed a change of address with an incorrect address on the form.

Prosecutor's information: The Grand Jury declined to indict Thomas W. Sherman on a charge of assault, 2nd, but did charge Sherman with assault, 3rd. The case is referred back to the Town of Le Roy Court. Sherman allegedly assaulted a person in Le Roy on Jan. 23.

No Bill: The Grand Jury did not find sufficient evidence to indict Wyatt S. Penfold on charges of assault, 2nd, and attempted assault, 2nd. The charges stemmed from an alleged incident on July 22.

Law and Order: Driver allegedly operating while on prescribed medication

By Howard B. Owens

Barbara Ann Vaughn, 34, of East Robinson Road, Amherst, is charged with driving while ability impaired by drugs, aggravated unlicensed operation and failure to keep right. Vaughn was stopped at 4:10 p.m. Thursday on Genesee Street, Pembroke, by Deputy Patrick Reeves following a report of an erratic driver. Vaughn was found to allegedly have consumed prescribed medication.

Sandra Lynn Cassford, 29, of South Main Street, Castile, is charged with petit larceny and unlawful possession of marijuana. Cassford is accused of shoplifting from Kmart.

Ashley Elizabeth Quintern, 22, of South Pearl Street, Oakfield, is charged with petit larceny. Quintern is accused of stealing $21 in merchandise from Kmart.

Town of Batavia firefighters deliver presents, food to two local families in need

By Howard B. Owens

Volunteers of the Town of Batavia Fire Department recently delivered presents and food to two needy families in the town.

The kids get presents and the family gets hams, turkeys and everything else for a good holiday meal.

Either the Salvation Army or a social services agency identifies the families, whose identity is not publicly released.

Just about everybody in the department participates in the process, with members shopping from the families' wish lists and members of the auxilliary wrapping presents.

"It's just one of those small deeds in life that makes you smile," said 2nd Assistant Chief Nate Fix. 

Photos by Rick Franclemont

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