batavia

Grace Suozzi, the 70-year-old former Walmart cashier who was punched in the face Christmas Eve 2011 by 27-year-old Jacquetta Simmons, is seeking $2,100 in restitution for expenses related to her injury.

Judge Robert C. Noonan presided today over a restitution hearing and will issue a decision later on the restitution request.

Suozzi's daughter, Teresa Wormley, testified that she has been handling her mother's medical care, including taking her to and from medical appointments.

The itemized list of restitution claims includes co-pays, high blood pressure medication, transportation mileage and lost earnings because Suozzi could not work as a poll watcher during the last election.

The attorney for Simmons, Earl Key, objected to just about every question put to Wormley by ADA Melissa Cianfrini, saying that Wormley lacked the proper expertise on the topics.

At one point, Noonan became exasperated with Key and told him the rules for evidence in a restitution hearing were not the same as criminal trial.

Key said he just wanted to get his objections on the record, which Noonan agreed was his right.

During cross examination, Key probed Wormley about why she hadn't submitted medical bills to workers comp and Wormley said she didn't know she could. 

In closing arguments, Key argued that Suozzi wasn't entitled to restitution for items she could have been reimbursed for (through workers comp) and that since Suozzi hadn't been to a doctor for years priror to the incident, there's no way of knowing if she already had high blood pressure. Key argued that Simmons shouldn't pay for the $215 in high blood pressure medication.

Cianfrini said that Simmons was responsible for actual out-of-pocket expenses and the restitution sought was within the scope of the law. She also pointed out that the court has previously awarded restitution for a third party to drive a victim to and from medical appointments.

After the hearing, District Attorney Lawrence Friedman said it doesn't really matter whether Suozzi has sought workers comp for her uncovered medical expenses because any restitution would go to workers comp if those claims were approved.

Typically, in restitution cases, defendants must reimburse insurance companies that have paid out claims.

Simmons, out of prison pending an appeal of her sentence, appeared in court with her family and her infant child.

At the end of the hearing, Noonan asked about the status of the stay of sentence issued by the Court of Appeals. The stay expires May 31 and Key indicated he plans to have his actual motion to have the sentence vacated by then, and will seek a continuation of the stay pending further consideration of the appeal.

Two of the group of railroad crossings between the Genesee and Erie County line that had been closed reopened this morning by 9, but the rest remain closed and according to a CSX manager at Wortendyke Road, will remain closed through tomorrow.

Upton and Snipery roads are open.

Route 77, which had been partially closed for some repair work was open at 10:30 a.m.

The closures are affecting travel for residents, bus drivers, and of course, emergency responders. 

We requested comment from the CSX media center last night and again today but have yet to get a response.

Crossing above: Wortendyke Road.

UPDATE: As soon as I hit save on this, a representative from CSX called. He needed to get more information so he could get us more information. We'll update this post accordingly when we hear back.

Wilkinson Road

Ellinwood Avenue

Colby Road

Fargo Road

Some railroads crossings of the CSX line in Genesee County will be temporarily closed this evening in portions of the Town of Batavia, Darien, Corfu and East Pembroke.

Railroad crossings will be closed to all traffic on Wortendyke, Upton, Wilkinson and Colby roads, and Ellinwood Avenue, and possibly at other locations along that rail route.

The closure is expected to last until approximately midnight.

Press release:

The Genesee-Orleans Regional Arts Council (aka GO ART!) is honored to be working together with local author Bill Kauffman to host a preview screening of "Copperhead," the third film in director Ron Maxwell’s ("Gettysburg," "Gods & Generals") American Civil War anthology. Kauffman wrote the screenplay.

The film, starring Billy Campbell and Peter Fonda, will be released in theaters on June 28. This special preview screening takes place at 7 p.m. on Thursday, June 13, at the Stuart Steiner Theatre, Genesee Community College, Batavia. Following the screening is a short presentation by Screenwriter Kauffman along with a Q&A with Kauffman and Director Maxwell, who will be in attendance.

Maurice G. Leach, 36, of State Street, Batavia, is charged with felony DWI, felony aggravated unlicensed operation, driving with out interlock device, operating out of ignition interlock restrictions, speeding, unlicensed operator and refusal to take breath test. Leach was stopped at 12:53 a.m., Tuesday, on Route 33, Stafford, by Deputy James Diehl.

Kevin P. Heinman, 30, of 8290 W. Bergen Road, Le Roy, is charged with DWI, moving from lane unsafely and refusal to take breath test. Heinman was stopped Friday by Le Roy PD after allegedly being observed making a wide left turn from Route 19 to Route 5 and weaving between two westbound lanes, then striking a curb. Heinman was jailed on an unspecified amount of bail.

Ted E. Kingsley, 40, no permanent address, is charged with petit larceny. Kingsley is accused of shoplifting from a store on West Main Street, Le Roy, taking several items, including beer. Kingsley was jailed on $1,500 bail.

Earl F. Pickard, 52, of 57 W. Main St., Le Roy, is charged with petit larceny. Pickard is accused of stealing beer from a store on West Main Street, Le Roy.

Patrick Scott Rumble, 26, of Main Street, Batavia, was arrested on a warrant for allegedly not paying a fine in Town of Byron Court stemming from a conviction on criminal possession of a controlled substance. Rumble paid the fine and was released.

Melissa Marie Morton, 27, of West Middlebury Road, East Bethany, is charged with two counts of trespass. Morton allegedly entered the Target store in Batavia on April 9 and April 12 after being previously banned from the store.

Austin D. Zauner, 17, of Darien Center, is charged with driving while ability impaired by drugs. Zauner is accused of driving while under the influence of marijuana. Zauner's vehicle was stopped by State Police in the Town of Bennington on Sunday for an alleged traffic violation. A trooper trained in drug recognition evaluated Zauner and a urine sample was collected for analysis at the crime lab in Albany. His passengers, Matthew P. Tambe, 18, and Tyler M. Tambe, 18, were charged with unlawful possession of marijuana.

Following a 7-4 Batavia victory over Pembroke, both coaches for the girls softball teams said they see things to build on that could carry them into sectional play.

"We need to be more consistent," said Pembroke's Ron Funke. "We're a good hitting team, but we to do the little things. The mental mistakes are hurting us right now."

The Lady Dragons are 3-4 so far this year and Funke said that now that the weather should improve and the girls play together more, those little mistakes will get ironed out.

"The more games we get in, the more consistent we'll become," Funke said.

For Burt Howell, head coach for Batavia, he saw a pitcher today, and his hitters who are starting to put things together.

"When you see them go from practice to game and get some of the skills in it makes you think they're going to get better fast," Howell said.

Kim Walsh threw hard today and Howell thinks that was the big difference in the game.

"She controlled the game from the circle," Howell said. "If she she pitches like that on a daily basis, there isn't anybody we don't think we can't beat. We need the youngsters to make plays behind her, but when she throws like that the girls are in the game and we start to actually make plays."

Among the younger players who stepped up their performance today was Hannah Bowen, who went 2-4 and his hitting .667 so far this season. She's in eighth grade. She also had three RBI on two doubles.

Walsh also went 2-4, including a monster double that would have cleared any fence in a typical softball field if there was one at the Batavia field.

Pembroke had 10 hits, led by Deanna Perry, who went 2-3, and Danni Dellapenta, who was 2-4 with two doubles, and Bre Johnson, who had a triple.

Howell praised Perry saying that she proved she could turn on Walsh's fastball, so they had to change speeds on her.

To purchase prints of photos, click here.

A farmer rolls a field just off Lewiston Road, Batavia, in preperation for spring planting.

Press release:

On April 27 from 10 a.m. to 2 p.m. Genesee County law enforcement agencies and the Drug Enforcement Administration (DEA) will give the public its sixth opportunity in three years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. The service is free and anonymous, no questions asked.

The Genesee County Sheriff's Office will be manning a collection site at the Pembroke Town Highway Barns, located routes 5 and 77, East Pembroke.

There will be no collection site at the Sheriff's Office on Park Road.

Last September, Americans turned in 244 tons of prescription drugs at over 5,200 sites operated by the DEA and its thousands of state and local law enforcement partners. In its five previous Take Back events, DEA and its partners took in over 2 million pounds — over a thousand tons — of pills.

This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines — flushing them down the toilet or throwing them in the trash — both pose potential safety and health hazards.

Four days after the first event, Congress passed the Secure and Responsible Drug Disposal Act of 2010, which amends the Controlled Substances Act to allow an “ultimate user” of controlled substance medications to dispose of them by delivering them to entities authorized by the Attorney General to accept them. The Act also allows the Attorney General to authorize long-term care facilities to dispose of their residents’ controlled substances in certain instances. DEA is drafting regulations to implement the Act. Until new regulations are in place, local law enforcement agencies and the DEA will continue to hold prescription drug take-back events every few months.

Tiffany Vanderworth, curator with the Buffalo Zoo, leads a group of children at Jackson School this morning in a discussion about polar bears. Vanderworth covered the nature, habits and habitat of polar bears.

Crime Victims' Rights Week kicked off in Genesee County today with the raising of a ceremonial flag by a local law enforcement color guard at Genesee Community College, followed by a daylong seminar for students, police and others who work with crime victims on human trafficking.

Theresa Asmus delivered opening remarks. U.S. Attorney for WNY William Hochul was the morning's keynote speaker.

Russell L. Penepent, 50, of 218 State St., Batavia, is charged with disorderly conduct, harassment, 2nd, and resisting arrest. Penepent is accused of yelling obscenities at passing traffic while in the area of 19 Oak St., Batavia, and causing a disturbance. Penepent then allegedly fought with police when officers attempted to take him into custody. Penepent was jailed on $10,000 bail or $20,000 bond. The incident was handled by officers Eric Dibble, Kevin DeFelice, Marc Lawrence and Sgt. Chris Camp.

Jamie L. Ayala, 33, of 10 Wood St., Batavia, is charged with trespass. The alleged incident was reported April 16 at 412 E. Main St., Batavia, and Ayala turned herself in on a warrant Thursday. No further details released.

Robert L. Stanley, 53, of 26 Ganson Ave., lower, Batavia, is charged with criminal contempt, 2nd. Stanley is accused of violating a stay away order of protection at 7:24 p.m., Friday. Stanley was jailed on $1,000 bail.

Matthew A. Poole, 21, of 5 Warren St., Batavia, is charged with disorderly conduct. Poole was charged following an alleged incident reported at 2:16 a.m. Sunday at 262 East Ave. in Batavia.  No further details were released.

Jeremy R. Eaton, 36, of 129 State St., Batavia, is charged with harassment, 2nd, criminal mischief, 4th, and endangering the welfare of a child. Eaton turned himself in on a warrant related to an alleged incident at 12:40 a.m., Friday. Eaton was jailed on $1,000 bail. No further details were released.

Danny J. Torok Jr., 25, of 34 Maple St., upper, is charged with harassment ,2nd, criminal obstruction of breathing/blood circulation and endangering the welfare of child. Torok was arrested in connection with an alleged incident at 11:45 a.m. Friday at 34 Maple St., Batavia. Torok was jailed on $2,500 bail.

Jordan Matthew Brown, 20, of Ellicott Street, upper, Batavia, is charged with petit larceny. Brown is accused of shoplifting at Kmart on Friday.

Michael Foster Brandt, 22, of Montclair Avenue, Batavia, is charged with driving while ability impaired by drugs, tinted windows, no front plant and loud exhaust. Brandt was stopped at 4:01 p.m. on Feb. 2 by Deputy Kevin McCarthy. Further investigation revealed Brandt was allegedly under the influence of drugs at the time of the stop.

Michael Foster Brandt, 22, of Montclair Avenue, Batavia, is charged with criminal mischief, 4th, for allegedly kicking and damaging the car of another person at a location on Route 5, Stafford, at 4:24 p.m. Jan. 26.

Destiny Mikel London, 22, of Hanlon Road, Albion, is charged with two counts of felony aggravated DWI, driving while ability impaired by drugs, driving on a suspended registration, aggravated unlicensed operation and no insurance. London was stopped at 6:33 p.m., Friday, on Main Street, Oakfield, by Deputy Howard Carlson. She allegedly had two children in the vehicle at the time, ages 2 and 3.

Minnie Henry, 25, Pearl Street Road, Batavia, is charged with resisting arrest, DWI, driving with a BAC of .08 or greater and speeding. Henry's vehicle was stopped for allegedly driving 69 in a 66 mph zone on Hartshorn Road at 2:10 a.m. Saturday by Deputy Joseph Corona.

Jared Shaun McDonald, 19, of Lake Street Road, Pavilion, is charged with assault, 3rd. McDonald allegedly pushed another person causing a back injury at 3:57 a.m., Sunday. McDonald was jailed on $1,000 bail or $2,000 bond.

A 17-year-old from Darien Center, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Summer R. Prentice, 19, of Knowlesville Road, Alabama, is charged with obstructing governmental administration, 2nd, resisting arrest, disorderly conduct and harassment, 2nd. Prentice was arrested and held on bail related to alleged events reported at 12:46 p.m., April 5, in the Town of Oakfield.

Stephanie A. Wixson, 36, of North Street, Batavia, is charged with aggravated unlicensed operation and driving while impaired by drugs. Wixson was stopped at 10:31 p.m. April 16 in the Town of Alexander by State Police. No further details released.

Batavia Players opened "On Broadway IV" tonight with a dinner theater production at Terry Hills.

The show offers selections from several Broadway musical hits, such as "The Heights," "Footloose," "Jersey Boys" and "Mamma Mia!"

The show continues this week at the 56 Theater, 56 Harvester Ave., Batavia, with performances at 7:30 p.m. Thursday, Friday and Saturday and a 2 p.m. matinee Sunday.

"On Broadway IV" is directed by Scott Laird and choreographed by Nikki Lanich.

The cast includes Brenda Andrews, Shellene Bailey, Alex Balbi, Aryn Bielski, Gabrielle Henry, Teressa Hirsch, Nash Johns, Kim Laird, Scott Laird, Nikki Lanich, Trevor Lee, Andrew Magin, Amy Martin, Paul Spiotta, Erin Stamp, Brianna Strassner, Anita Strollo, Serena Strollo-Dicenso, Amanda Melissa Taylor and Keara Zerillo.

James Pontillo sent this picture of a sink hole that opened up at his property at 15 Oak St., Batavia. He said it opened at spot where he was standing and he fell in. The hole is now five-feet deep.

It may be an old city sewer line.

City DPW put up barricades for the night.

Jeff and Dave Pero see a business opportunity in Batavia -- picking up garbage.

The brothers took over management of rental properties owned by their grandfather after he died last year and when they started getting pricing for garbage collection under the new open-market system in Batavia, they thought it would expensive to hire a company to pick up trash at all of those properties.

They decided they would just take care of garbage collection at their own properties themselves, but that thought was quickly followed by another, "why don't we just do it for the whole city?"

Jeff and Dave won't be the first Peros to offer garbage collection in Batavia. Their great-grandfather had a trash company at one time.

They're buying a dump truck and will operate as Trash Away, picking up residential garbage. Customers who put out fewer than six 30-gallon bags per week or three standard trash cans per week will pay $18 bucks a month.

People who live alone and generate no more than one bag of trash per week will get a special price of $10 a month.

Trash Away will also pick up an unlimited amount of recycling.

When customers need bulk item pick-up or yard waste pick-up, Trash Away will offer the service by appointment and the price will be negotiated based on the size of the job.

The company will also offer attic, garage and basement clean-up for a fee.

For information call (585) 250-4065 or e-mail them at bataviatrashaway@gmail.com

Batavia High School lost to Frewsburg, out of Chautauqua County, 51-50, this afternoon in the final of Regional Mock Trials Tournament.

Both teams were 1-1 in the finals, presided over by Eugene F. Pigott Jr., associate judge of the New York State Court of Appeals.

Frewsburg will compete in the state championship rounds in Albany.

It's the first time in the 31-year history of the tournament that a team from neither Monroe County nor Erie County will represent WNY and the Southern Tier region, according to District Attorney Lawrence Friedman.

The morning's semifinal rounds were close, with all four teams going 1-1. Batavia and Frewsburg advanced with 117 points each. Pittsford Mendon and Clarence had 116 points each.

Judge Robert C. Noonan and Judge Eric R. Adams presided over the morning rounds.

The Batavia team for 2013: Katie Porter, Elena Chmielowiec, Trey Abdella
McKenzie Stevens, Becca Canale, Eric DiLaura, Cara Ranalli, Katie Kesler, Kaitlin Logsdon, Matt Gabriel, Bryce Rogers, Danielle Quinn, Beth Bennion, Brandon Smart, Samir Jane, Dylan Beckman, Chelsea Jensen, Adam Weaver and Alex Mott.

The Frewsburg team: Sarah Moller, Samantha Mann, Tera Anderson, Alanna Blanchard, Jesse Ernewein, Anthony Mole and Morgan Knight.

Author and journalist Tom Rivers was at Present Tense books and gifts on Washington Avenue, Batavia, today to sign copies of his newest book, "All Ears."

The book is a collection of some of Rivers' best pieces about community life during his 15 years at the Batavia Daily News.

Rivers is now editor of OrleansHub, an online news source serving Orleans County.

"All Ears" is available at Present Tense.

Pictured with Rivers, his 7-year-old daughter, Lucy.

Press release:

The City of Batavia is proud to announce the promotion of Officer Jason Davis to the rank of Sergeant in the City’s Police Department effective April 21. Officer Davis will fill the Sergeant’s position created on April 1, 2013 by City Council resolution.

Officer Davis joined the Batavia Department in 1999 after having served as a Police Officer in the Town of Ellicottville and Deputy Sheriff for the Cattaraugus County Sheriff’s Department. During his career with BPD Officer Davis has served as a Field Training Officer, has been a member of the Department’s Emergency Response Team, served as the Department’s Drug Recognition Expert and recently became a NYS Certified Instructor.

Officer Davis will provide veteran leadership and skill to the Department. Officer Davis lives in the Town of Batavia, is married with four children. When not on the job Officer Davis enjoys being a Cub Master for Cub Scout Pack 650.

The wall of a commericial building on Federal Drive in Batavia has collapsed. Town of Batavia Fire Department is responding.

UPDATE 1:31 p.m.: The chief on scene says the eastside exterior wall collapsed outward, but the building itself is still standing. A code enforcement officer is called and National Grid is on location. "All units can back it down. There's no emergency at this time."

UPDATE 2 p.m.: The actual location is 4330 Commerce Drive. The building is an automotive parts facility. Code enforcement is on scene. Town of Batavia's engine that was on scene left  responded to an automatic alarm of fire at the Quaker Muller factory, which turned out to be nothing.