Kurt Hamilton Hawkins Jr., 18, of State Street, Batavia, is charged with assault, 2nd. Hawkins, an inmate at the Genesee County Jail, is accused of assaulting another inmate at 4:26 p.m., Thursday. The alleged victim was treated at ECMC where he was held overnight for observation.

Sandra Louis Chilano, 51, of Dodgeson Road, Alexander, is charged with petit larceny. Chilano is accused of stealing $100 while employed at Alexander Deli as a clerk.

Ryan Christopher Riggi, 16, of Ridge Road, Lyndonville, was arrested on a warrant issued by Batavia City Drug Court. Riggi was jailed on $100,000 bail.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with harassment, 2nd. Dilcher was arrested following a complaint of harassment at 2:10 a.m., Sunday on Park Road in Batavia.

Samual Christopher Dilcher, 28, of Lewiston Road, Oakfield, is charged with criminal mischief 4th. Dilcher is accused of smashing the driver-side window out of a pickup truck during an argument at a location on Park Road, Batavia. He is is also charged with trespass. Dilcher was allegedly involved in an incident Nov. 20 in the Batavia Downs parking lot. Upon further investigation Deputy Joseph Graff came to believe that Dilcher had been previously banned from Batavia Downs property.

Christopher Jordan Rhodes, 41, of Transit Road, Wyoming, is charged with DWI, aggravated DWI and failure to keep right. Rhodes was stopped at 2:01 a.m., Sunday, on Lewiston Road, Batavia, by Sgt. Brian Frieday.

Zachary Michael Rebert, 20, of South Pearl Street, Oakfield, is charged with unauthorized use of a motor vehicle, 2nd, and harassment, 2nd. Rebert is accused of getting into a domestic dispute with a woman, pushing her several times and then taking her car without her consent. Rebert was jailed on $5,000 bail.

John Edward Bird, 70, of Barrville Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, failure to stop at a stop sign, moving from lane unsafely and driving left of pavement markings. Bird was stopped at 9:43 P.M., Saturday, on Chapel Road, Byron, by Deputy Jason Saile.

A two-car accident is reported at Batavia-Elba Town Line Road. Seven people are reportedly in one of the vehicles. Mercy medics and fire personnel are responding to the scene.

UPDATE 8:07 p.m.: Several minutes ago, two more ambulances were dispatched. The roadway is blocked. One vehicle is completely disabled.

UPDATED 10:45 p.m.

If you caught Channel 8 (the Fox affiliate in Rochester) newscast tonight, you might think Batavia City Schools have just declared war on Christmas.

The on-air report explicitly accused the district of "canceling Christmas."

That's not quite accurate.

The report was based on a memo provided to district personnel last week reminding them of school policy on religious expression.

The district has had such a policy for more than 20 years, according to senior district Board Member Patrick Burk.

Superintendent Margaret Puzio said the memo was nothing out of the ordinary and is something that goes out to district staff about this time every year.

The memo is based on a policy last drafted in 2001. The policy is crafted to strike a balance between the No Child Left Behind Act (ensuring a nondiscrimination policy regarding prayer in schools), and previous legal cases based on the First Amendment.

The district's board adopted a policy prohibiting sectarian religious observance, but also ensured that individual teacher and student expressions of faith are protected.

“If I want to wear a shirt that says ‘Merry Christmas,’ I can do that," said Puzio following a district board meeting Monday night.

News 8 reported on its six o'clock broadcast:

A local school district is banning the phrase "Merry Christmas." Parents in Batavia are outraged about the new policy, which also prohibits Christmas and Hanukkah decoration in the classroom.

Parents were not notified about the new policy. 

The story quotes one parent, Lucy Hudson, and claims several teachers were upset about the policy.

When The Batavian spoke to teachers Monday evening, the teachers waiting for the school board meeting to start said they were previously aware of the policy, but thought the recent memo was meant to reinforce the religiously neutral requirements.

Prior to Monday night's school board meeting, Puzio provided The Batavian with the 10-year-old policy, and said she would speak with The Batavian after the meeting (the original version of this story was posted prior to that interview).

The policy states any school activity should neither advance nor inhibit religion, and that students should be afforded the opportunity to learn about cultural and religious traditions, respecting the beliefs of all students.

Music at a school or public event, for example, should teach musical concepts, to convey historical and cultural content or to create aesthetic experience in a setting that emphasizes artistic expression and educational value, not to promote or celebrate a religious faith.

The policy requires that the district "vigorously publicize and disseminate" the policy.

An attached, undated memo, provides further clarification on teaching religion in schools.

It reads:

"Religious symbols, such as Christmas trees, angels, menorahs, etc., should only be used as part of a unit of instruction on various world religions, not as decoration in the classroom or school. Remember, students have the right to wear religious symbols as an expression of their faith, but should not be obligated to do so."

In a section dealing with schoolwide or public events, the memo reads:

"Expressions related to specific religions, e.g., 'Merry Christmas,' should not be included in any spoken or written remarks."

Puzio explained that doesn't prevent a teacher in a private conversation with a student whom the teacher knows celebrates Christmas from saying, "Merry Christmas."

A teacher can also wear, for example, a cross on his or her lapel. 

Personal expressions of faith are protected, but the district wants to be careful from appearing, as a government entity, to be endorsing any particular religion, Puzio explained.

“For me to stand up in front of the whole group and say, ‘Merry Christmas,’ is almost like the school district putting Christmas before everything else," Puzio said.

News 8's Deanna King, a current Town of Batavia resident who mentioned in the report that she attended Batavia schools, said she sat outside Puzio's office for nearly two hours trying to get a comment from the superintendent.

Asked about making a reporter wait outside of her office, Puzio said, "It was a heck of a day.

"We had several very, very serious student issues today," Puzio said. "I was dealing with those issues, and I had to prepare for a board meeting."

After a little conversation with a board member, Puzio added, "I just really didn’t have time today. It isn’t always a matter of saying, ‘I can see the press.’ I have to prioritize, especially as it relates to students and families who have serious issues. You just can’t say, ‘Gee, I’m going to set aside this mom who really needs to talk with me about a serious issue because I want to talk to Channel 8.”

By 10:45 p.m., Monday, News 8 had modified some portions of its online report, but was sticking to the essence of its story.

UPDATE 7:12 a.m., Tuesday: News 8 reporter Deanna King sent over the following statement:

I would like to clarify a few points to my story you may have missed. Ms. Puzio confirmed that her memo was sent to each school principal and was meant to be "talking points" during a faculty meeting. I can assure you she did in fact say it "wasn't meant for public viewing" during our phone conversation. As a journalist, I would never report something that was not true. I have been in this business for over 10 years. I'm sure you have seen her memo and recognized that it differs from the actual policy. I quoted directly from the memo. Also, although the policy is not new how the district is enforcing it seems to be. I recall being at my son's Christmas concert last year and hearing the director say "Merry Christmas!" Ms. Puzio told me teachers can say "Merry Christmas" if they "are sure everybody in the room celebrates." There is also a change in the room decoration policy. Over the past 5 years I  have volunteered at several holiday parties in the district where teachers displayed decorations and it wasn't an issue.

I was notified of this controversy after several schools held meetings to address frustrations of staff members. I understand you often give your opinion on the site. I do not. I was attempting to give a fair report, but was denied by the superintendent after several requests. We offered to wait for her to finish her important business. I would not expect anyone to put an interview before the needs of a child. My photographer made a final attempt before the board meeting, but was told she wouldn't comment.

News 8 has high standards and I can assure you we confirm everything before we report it. Keep up the good work covering the news in this neck of the woods! Thank you.

Downtown is being transformed into a more festive holiday mood with Christmas lights in one of the parks, next to HSBC, and snowflakes hanging from the street lamps.

A two-car accident with injuries is reported at State Street and Washington Avenue in the City of Batavia. City fire and Mercy medics are responding. It is blocking traffic.

UPDATE 4:40 p.m.: Injuries are minor.

Two Batavia residents were issued tickets in Wyoming County during the opening weekend of gun season for deer hunting.

State Troopers from the Warsaw Station working alongside the Department of Environmental Conservation Police charged 13 people for a total of 20 violations of the Environmental Conservation Law.

They included Daryl S. Mays, who was located on Durfee Road in Middlebury and issued citations for illegal taking of an antlerless deer and failure to tag a deer. He will appear in the Middlebury Town Court.

Also, Rocky D. Gringer, 77, was located on West Middlebury Road and issued a citation for having a loaded firearm in a vehicle. He, too, will appear in the Middlebury Town Court.

Press release:

The Genesee County Aces Robotics Team participated at the Finger Lakes First Lego League Buffalo Qualifier competition on Saturday at the Buffalo Academy of Science Charter School and won first place for Robot Performance.

They will now advance to the Finger Lakes Regional competition at the University of Rochester on Dec. 3. The winner selected at that competition will go on to participate at the World Festival in Missouri, which is an international competition.

The theme of this year’s challenge was food safety. The robots are made entirely of LEGOS and are programmed to interact with devices made of LEGOS on a table. The teams also had to research a food-contamination problem, develop a solution, and present their work to a panel of judges.

Pictured from left are: Trevor Zauner, Quinton Tarbell, Colton Tarbell (team assistant), Jomni Tarbell, Lukas Johnson and Clayton Fox.

(Submitted photo)

The widow of a Wyoming County man who died while in custody of the Genesee County jail has filed paperwork that paves the way for a possible lawsuit against Genesee County, the Democrat & Chronicle reported this morning.

A doctor who was treating Nikko Gambino questions whether Gambino -- who changed his name at some point from Robert Goering -- was given safe access to his prescription medication.

"When somebody is incarcerated you have a responsibility to avoid doing things to them that are going to lead to them dying," said (Dr. Thomas) Walters, a physician based in Livonia. "This is a predictable, preventable death."

Whether Walters' belief is true — namely, that negligence contributed to Gambino's death — could be answered by his autopsy. That autopsy, which would include toxicology results, has yet to be finalized, according to a Genesee County coroner.

As is required in all in-custody deaths, the NYS Commission of Corrections is conducting its own investigation into Gambino's death.

Gambino's wife, Holly Gambino, last month filed a notice of intent to sue the county, alleging in court papers that the death was caused "by withdrawal and other illnesses from medications wrongfully and negligently withheld and/or disallowed by the Jail."

Gambino first made the news locally when he was arrested in September 2010 for impersonating federal law enforcement agents.

He was serving an intermittent sentence in July on that conviction when he was arrested for allegedly smuggling drugs into the jail in a body cavity.

The D&C article says some or all of those drugs were his own prescription medication, which he was allegedly not being allowed to lawfully bring into the jail.

County officials were not able to comment on the case because of possible pending litigation.

One person was seriously injured Sunday morning in a two-car collision on Ledge Road, Alabama.

The cause of the accident remains under investigation.

Alabama Fire Department and Mercy EMS were dispatched to the accident at 6:21 a.m.

Gordon L. Montgomery, 53, of Batavia, was trapped in his vehicle and needed to be extricated. Montgomery was transported by Mercy EMS to ECMC where he is being treated for internal injuries.

John D. Anderson, 58, of Basom, suffered minor cuts and was treated at the scene and released.

The initial investigation indicates that Anderson was eastbound in a 2005 GMC Sierra when Montgomery's 1998 Pontiac Sunfire crossed into the eastbound lane for an undetermined reason. The two vehicles hit head on.

Also assisting at the scene were the Pembroke and Indian Falls fire departments.

Le Beau Salon and a host of others put on a carnival of beauty as a benefit for the Voltura family.

Nicole Voltura, a wife and mother of three, is dealing with not just one terminal illness, but three. She has recently undergone surgery to remove a sarcoma from her leg. On Oct. 7, she went for her fourth round of chemotherapy to treat two separate rare autoimmune diseases.

This benefit helped raise funds needed to offset some of the medical bills and to support the needs of her family.

Nicole is the owner of Glitz-n-Glamour Salon.

Among the many activities for the whole family were nail art, mini-manicures, hand facials, make-up technique sessions, bling hair extensions, eyebrow and lip waxing, blowouts, and face painting.

In addition, there was a Chinese auction, instruction in hip-hop dance techniques and a Zumba class.

Paige Haile getting a mini-manicure.

Sponsers of the event included: Le Beau Salon, Suzanne's School of Dance, Hot Heads, The Mane Attraction Salon, Charley's Salon, Zumba with Diane Cox, Glitz-n-Glamour, and Tommy Nails.

For more information on how to make a donation please contact Erika Siverling at Le Beau Salon, 343-1017.

More pictures from the event can be found here.

Santa was spotted at Present Tense today for their holiday open house.

Sitting among the books, unique gifts and toys, he was going over his naughty and nice list.

Esme Coleman sitting on Santa's lap.

Emily Caldewell telling Santa what she wants for Christmas.

Visit the Present Tense website for more information on specials this month.

Today was Santa's annual visit to Oliver's Candies in Batavia. Store Manager Jeremy Liles said that the event is held to kick off the Christmas season every year on the Saturday before Thanksgiving. The line of kids waiting to see Santa stretched across the store to the door.

Some of the kids, happy to tell Santa what they wanted for Christmas.

Outside was a petting zoo for the kids.

The Batavia Area Jaycees were on hand with refreshments.

Just in case you weren't prepared for Santa's Christmas visit, the Girl Scouts had plenty of cookies. Just add milk.

There are more trees this year, and more people showed up Friday for the Wonderland of Trees gala at the Holland Land Office Museum, according to Board President Bob Turk.

The display of trees decorated by local groups and businesses runs through Jan. 3, with a children's gala set for noon to 4 p.m. on Dec. 17.

Ann Reid, representing the Genesee Symphony Orchestra, accepts a plaque to be placed on a new display of historical items and pictures donated to the Holland Land Office Museum commemorating the orchestra's long history in Genesee County.

Emergency responders are heading toward a location either on or near the Iroquois Wildlife Refuge.

The location is described as off Feeder Road, which is on the refuge.

It's also described as off Route 77.

The victim is described as shot in the jaw. Emergency dispatchers have had difficulty maintaining a connection with the mobile phone of the caller.

The injury is described as serious but not fatal.

The actual location may be in Shelby.

Alabama fire, Mercy EMS, Mercy Flight and Sheriff's deputies all dispatched.

UPDATE 12:33 p.m.: A deputy has found the vehicles of the callers. He describes the location as near where an Eagle Scout completed a blind that was written about on The Batavian. That's right on Feeder Road.  

UPDATE 12:37 p.m.: Orleans County notified the incident is in their jurisdiction. All Genesee County emergency response continuing. The caller is on the phone as is a deputy, and dispatch is working to coordinate the location of the victim.

UPDATE 12:42 p.m.: Caller located by a deputy, who will be with the victim momentarily.

UPDATE 12:49 p.m.: Patient located. He's in critical condition. Mercy Flight will land on Feeder Road.

UPDATE 12:54 p.m.: There will be no further updates to this post.

UPDATE 7:12 p.m.: Press release from the State Police:

On Saturday, Nov. 19, 2011 at about 12:20 p.m. New York State Police, Batavia, investigated a fatal hunting accident occurring on U.S. government land off of Lewiston Road, Town of Shelby, Orleans County.

While transporting a harvested deer through a wooded area an 18-year-old Lockport male was fatally injured when his 12-gauge shotgun accidentally discharged.

New York State Police were assisted with this investigation on location by NYS DEC Officers, U.S. Fish and Wildlife Services, along with members of the Orleans and Genesee County Sheriff ’s offices.

Emergency services on location were fire departments from Alabama, Shelby, Lyndonville and Ridgeway accompanied by emergency medical services from Medina Ambulance, Mercy Ambulance and Mercy Flight.

Mary Hale sent in this picture of her daughter Liz Wilkosz, 26, formerly of Elba, who shot her first deer, an eight-point buck, this morning on Molasses Hill, Elba. Pictured with Liz, from left, are her brothers Tim and Ed, boyfriend Keith and friend Warren.

NOTE: There is a Molasses Hill in Elba.  It's private property. It's off Barrville Road.

A Batavia resident has been arrested and charged with rape in the first degree.

The alleged rape was reported Oct. 17.

Arraigned in Town of Batavia Court and jailed without bail was Oscar Donaldo Ramirez-Castanon, 33, of Lewiston Road, Batavia.

Ramirez-Castanon is accused of using force for sexual intercourse against a woman in Batavia.

From Kevin Keenen, director of communications, Catholic Diocese of Buffalo:

Bishop Edward U. Kmiec, bishop of Buffalo, has delayed any decision until next March. He wants the local community to come together and see if they can increase enrollment and raise the necessary funds to keep HFS open for the long term. This will require significant time, effort, increased enrollment and financial sponsorship by the Le Roy community and surrounding areas. Father Michael Rock, canonical administrator of the school, has called a meeting for 7 p.m. Tuesday, Nov. 29 in the Holy Family School gymnasium to rally the community to action.

While a final decision will not be made until March 1, 2012, we must continue to plan for the possible merger of the two schools. The bishop will not make a final decision until the local community has acted on this opportunity.

Make no mistake about it: this is a clarion call for the HFS community to develop a realistic plan that will not only increase enrollment, but also place the school on solid financial footing for many years to come.

It is now up to the community to take action to make significant, long-term financial commitments to build Holy Family School into a stable, growing Catholic elementary school. We pray that their efforts will succeed and the end result with be even greater Catholic identity in the classroom, stronger academic programs and exciting new opportunities in the years to come for Catholic elementary school students in Le Roy, Genesee County and beyond.

When I stopped into M&T Bank in Batavia late this afternoon, I was greeted by an enthusiastic group of Girl Scouts selling Girl Scout cookies. It's that time of year -- have you bought yours yet?

Press release:

Dr. Alfred C. O'Connell, Genesee Community College's first president, died Nov. 11 in North Carolina. He was 83 years old.

Genesee's first board of trustees recruited Dr. O'Connell in 1966 to organize the new college which had been approved by Genesee County voters in a November 1965 referendum. At that time, Dr. O'Connell was serving as president of Harford Community College in Maryland.

Dr. O'Connell served from February, 1967 to August, 1970. He was widely credited with recruiting a distinguished faculty, and setting high standards for academic programs and college operations.

Dr. James M. Sunser, current president, called Dr. O'Connell a "pioneer" in the community college movement.

"Alfred O'Connell had a vision of the comprehensive community college in the 1960s," Dr. Sunser said. "He saw Genesee Community College, and community colleges in general, as the nation's best way to provide higher education access to coming generations of students.

"Early on, he recognized that Genesee Community College could become a vibrant force for community transformation, and he worked tirelessly to make Genesee Community College part of the fabric of our local communities.

"Today, Genesee Community College is known for excellence and innovation across the United States. Alfred O'Connell laid the early groundwork for Genesee's reputation. Our success today is in no small measure due to his vision and commitment."

Dr. O'Connell began his career as a secondary school teacher, and held English and Social Studies teaching positions at Wethersfield (Conn.) High School and Cushing Academy, in Ashburnham, Mass. He served as assistant professor of History at Auburn (now Cayuga) Community College, chair of the History Department at Grosse Point University (Mich.), and director of the Evening Division of Baltimore (Md.) Junior College prior to assuming the presidency of Harford.

He also built a reputation as a coach, and over the course of his teaching career, coached ice hockey, baseball and football.

After leaving Genesee, Dr. O'Connell served as state director for Community Colleges for Maryland and later returned to serve as president of Harford Community College.

Dr. O'Connell earned a bachelor's degree in History from the University of Hartford (Conn.); a master's degree in Education from the University of Hartford; a master's degree in History from Trinity College (Conn.); and a doctoral degree in Education from Columbia University.

He was a veteran of both World War II and the Korean conflict. Dr. O'Connell's wife died only days before his own death. Dr. and Mrs. O'Connell were parents of two children. The board of trustees named the college library in his honor in 1972.