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Accident with diesel fuel leak, Clinton Steet Road and Seven Springs

By Howard B. Owens

Town of Batavia Fire Department is on scene of a motor-vehicle accident involving a diesel fuel leak at the intersection of Clinton Street Road and Seven Springs Road.

Stafford fire requested to the scene to assist with clean up.

DEC being notified.

No injuries reported in the accident.

GCC expands global outreach to include students in Vietnam

By Billie Owens

Press release:

Genesee Community College now offers accelerated courses to 20 students in Vietnam who are enrolled in the American Pacific Unified International School. Trustees heard about this unique global education initiative at their regular board meeting Tuesday night.

The independent college preparatory high school is located in Ho Chi Minh City (Saigon). This effort is part of the college's Accelerated College Program (ACE) program, which has made courses available to juniors and seniors in area high schools for many years.

To date, students have participated in Statistics, Pre-Calculus, Calculus, French 201, French 202, and Principles of Business courses during their school day. They are using GCC curricula, and Genesee has certified their instructors as adjunct Genesee faculty members.

Credits earned by the Vietnamese students can be used toward Genesee degrees or transferred to most colleges and universities across the United States and even abroad. Most of the participating students would like to attend college in the United States, according to Edward J. Levinstein, associate dean of Accelerated College Enrollment Programs.

The new initiative reflects Genesee's emphasis on global outreach, and may be the first step in boosting enrollment from other new international sources, Vice President for Student and Enrollment Services Virginia M. Taylor told the board of trustees last evening.

Genesee has sponsored an extensive global education program for more than two decades, bringing lectures, demonstrations and other activities focused on cultures around the world to the college. More recently, the college has begun pilot international study programs, permitting local students to complete coursework in such locations as Australia, Ireland and the Netherlands. Last year, 130 students from two dozen different nations enrolled for classes at Genesee.

Some baccalaureate colleges and research universities offer academic coursework to students abroad, but Genesee is believed to be one of the first community colleges in the nation to begin an initiative such as this, Taylor said.

"We are very excited about the opportunities this new ACE initiative will offer students in Vietnam and hopefully other nations, as well as our own students," Taylor told trustees. "This could eventually mean greater international outreach, and many more international students traveling here to complete their degrees at Genesee."

On a related note, President James M. Sunser reported that he has been nominated for membership on the Global Education Skills Alliance Board of Directors. The alliance is a consortium of nine colleges and universities seeking to boost international study among students of the participating colleges. The alliance will recommend common curricula and transfer standards, as well as study abroad and exchange programs. Sunser would be one of two United States representatives on the board, which is expected to conduct meetings by teleconference.

Trustees endorsed Sunser's participation on the alliance board.

In other business at the meeting, trustees:

•    Heard Board Chair Maureen T. Marshall note the observance of Veterans Day. Marshall thanked all veterans for their service on behalf of the board.

•    Heard President Sunser report that Donna M. Grant has been appointed Career Services Specialist with the college's Perkins IV Grant program. She has served as an academic advisor at the Medina Campus Center since January 2011, and has served on the staff of Canisius College. She holds a B.A. degree from the University at Buffalo and a M.S. degree from Canisius College. She is a resident of Tonawanda.

•    Heard Sunser report that external reviewers completed the college's Periodic Review report, required for continuing accreditation of the college by the Middle States Commission on Higher Education. He said the report was positive, and the college is awaiting the final draft from the Middle States Commission.

•    Approved revisions to the college's policies on nondiscrimination and tobacco use. Wording of the nondiscrimination policy is now consistent with wording often used throughout the SUNY system. The updated tobacco use policy prohibits all forms of tobacco use in campus facilities and within 50 feet of entrances.

•    Approved the deactivation of the college's Customer Relationship Management program. Although the degree will be discontinued in 2016 after six students complete their studies, customer relationship management coursework will continue to be fully offered as part of the college's business programs.

•    Heard Director of Computer Services Cindy M. Delmar report on Genesee's new Computer Technology Master Plan. Delmar noted that the last master plan completed more than three years ago resulted in numerous technological advances for the college. These included: a new "flexible registration" process enabling non-credit students to register and pay online; support for the college's new video and access control safety programs; and the installation of "smart" technology in virtually all Genesee Community College classrooms and labs.

The new master plan will: emphasize the college's participation in the SUNY-wide "Degree Works" initiatives, which will streamline degree planning and transfers throughout SUNY; make greater use of mobile technologies for both instruction and administration; provide more videoconferencing opportunities among the Batavia campus and six campus centers; and expand bandwidth to support the college's growing eLearning programs.

"Our priority is to continually make improvements to the technology, and our business processes," Delmar said. "This helps us maintain our reputation as a leader in technology."

BREAKING: Jacquetta Simmons sentenced to five years in prison

By Howard B. Owens

NOTE: Final update to story posted at 3:19 p.m.

Jacquetta Simmons, who last Christmas Eve socked a 70-year-old Walmart cashier in the face, will spend this holiday in state prison, Judge Robert C. Noonan ruled in Genesee County Court this morning.

Simmons was given a five-year sentence and three years post-release supervision.

Noonan's decision came at the end of a tense and emotional 90-minute hearing.

Attorneys argued over the merits of the Probation Department's pre-sentence investigation. The victim, Grace Suozzi, spoke for five minutes and told Noonan about what she had been through and the toll the assault has taken on her life. And, District Attorney Lawrence Friedman asked for the maximum sentence while Anne Nichols, representing Simmons, asked for probation.

Through it all, Simmons, now eight months pregnant, and dressed in a white sweater and black skirt, sat motionless.

Her only statement in court was brief.

"I'm truly sorry, I am, and I feel bad about what Grace and her family have endured, all the things they've been going through right now," Simmons said.

Simmons was arrested Dec. 24 at Walmart after being asked for a receipt by Walmart cashier Grace Suozzi. Simmons was with her brother, who was holding a bag of items the siblings had just purchased to help their mother prepare Christmas Eve dinner.

Simmons refused to show Suozzi the receipt and engaged in a tirade of racial and vulgar epithets.

After arguing for several minutes, Simmons grabbed the bag of merchandise and tried to leave the store. Suozzi stepped around her register and walked toward Simmons. A video played at the trial shows Simmons delivering, as Assistant District Attorney Melissa Cianfrini put it, "a roundhouse punch" to Suozzi, sending her flying across the floor.

As Simmons and her brother tried to flee, a group of citizens intervened and kept them from driving away.

Simmons was subsequently arrested and charged with two felonies and was convicted by a jury on Aug. 24 of one of those assault charges.

Suozzi suffered fractures in her face and permanent nerve damage.

While some 100 people submitted letters through the defense to the judge telling him, Noonan said, what a good person Simmons is and that she has contributed much to the community, the prosecution painted a picture of a young woman who can't accept that she did anything wrong and has shown no remorse for her assault.

"This defendant has shown no remorse, no empathy, no acceptance of responsibility," Friedman said.

The DA then recited statements Simmons has made, mostly as part of the pre-sentence investigation, such as, "It was very unfortunate that Grace was hit," and "I hold not hate or bitterness toward Grace."

When asked to describe the crime she committed, Simmons wrote, according to Friedman, "Accidentally hitting a woman over 65."

"Your honor, this vicious, unprovoked assault on an innocent victim, more than two and a half times the age of the perpetrator makes this a crime that is, I suggest, one that needs to be taken very seriously by this court," Friedman said. "That coupled with the impact this crime has had on Grace Suozzi and those who care about her, I suggest your honor, fully indicates this defendant should now be sentenced to the maximum sentence permitted by law."

Sitting in the court to support Simmons, Nichols told Noonan, were several friends, her parents and her husband. They all knew, Nichols said, that Simmons is a good person. She said Simmons is college educated, has volunteered for literacy programs, youth programs and hopes someday to open a shelter for homeless people.

"She is not the person she's been painted to be in this courtroom," Nichols said. "In this courtroom she has been painted out to be a racist, someone who has no regard for others. That is simply not the case, Judge. As the people who are in this courtroom to support her here today, and the people in the community who submitted letters will tell you, that is not Jacquetta Simmons."

A prison term for Simmons would do nobody any good, Nichols said.

"Grace has suffered something horrible," Nichols said. "She suffers from post-traumatic stress syndrome. That's not going to resolve with Ms. Simmons sitting in a jail cell, nor is that going to do this community any good."

Before either Noonan or Friedman had their say, Suozzi spoke. In a five-minute statement, the petite grandmother explained the impact the assault had on her life and on her family.  She described ongoing pain and health issues, stress and distress and how her "golden years" have been taken from her.

"What she has taken away from me is irreplaceable," Suozzi said. "She took away my independence. Working at Walmart and at the Board of Elections helped me to pay my bills. She has taken my joy and replaced it with physical pain and emotional trauma.

"She felt OK to drive with a suspended license," Suozzi added. "She felt it was OK to park in a handicapped spot. She committed a horrible crime and has total disregard for laws, rules or policy, and won't even comply with a reasonable request."

At times, she said, she thought God was getting ready to take her home and so she placed all of her important documents on her dresser so everything would be ready, she said.

Suozzi said she was ashamed that Simmons claims to be a Christian but put her hand on a Bible and "lied under oath."

When asking for Simmons to get he maximum sentence, Suozzi said, "I pray that she too will seek and serve our Lord instead of Satan."

Following Suozzi's statement, her daughter, Teresa Wormley, spoke about the impact the attack has had on her and the entire Suozzi family. Melissa Cianfrini then read a letter from Joseph Suozzi, who is head of the FBI office in Cincinnati and was unable to attend the hearing.

Before pronouncing sentence, Noonan made a long statement, noting that prior to trial he ruled that there wasn't enough evidence presented to the grand jury to support one of the charges against Simmons for assault in the second degree.

While Simmons was tried under the statute for assault against a person age 65 or older while the assailant is more than 10 years younger, the other assault charge required proof that the defendant intended to cause serious physical injury.

Noonan didn't think that evidence was present in the grand jury transcript, but after sitting through the trial and seeing all of the evidence against Simmons, Noonan expressed some thought that Simmons may have intended serious physical injury.

"There were things not evident to the grand jury but were evident at trial, and they are astounding," Noonan said. "For one thing, the difference in size of Ms. Simmons and the size of Grace Suozzi. The defendant is two and half times the size and weight, a foot taller and 40 years younger than the victim. Boy, oh, boy, that’s a disproportionate bargaining position when it comes to an unusual display of anger."

Noonan said he can accept that Simmons is more like the person portrayed in the letters he received from supporters, and less like the portrayals in the media and court, but Dec. 24, he said, was a different matter.

“One of the factors in sentencing is considering the gravity of the act and this was a senseless, brutal act," Noonan said. "There is no other way to describe it.

"It took the jury," Noonan added, "after a fairly lengthy trial, it took the jury very little time to reject this defense ... that this was somehow an accidental pulling away of the defendant and when she was really just trying to get away and she accidently punched Grace Suozzi. That is clearly untrue. If it wasn’t clear enough through the many witnesses, it was certainly evident by watching the video over and over and over and over. It was a brutal, brutal assault."

Finally, Noonan said another key factor in sentencing is whether the defendant shows a sense of remorse.

“I think it’s kind of interesting that the defense counsel says that the defendant shows remorse because she’s sorry for something that happened to Grace," Noonan said. "Remorse is not being sorry something that happened to somebody. Remorse is being sorry for what you did. The defendant has never expressed anything close to being sorry for her own criminal conduct."

Outside of court, after the hearing, Friedman reiterated that Simmons at no point showed any remorse for her crime.

"The defense tried to characterize some things the defendant said in the pre-sentence investigation as indicating remorse, but I don’t think anything could be further from the truth," Friedman said. "She absolutely did not accept any responsibility for what she did."

Even though Friedman sought the full seven-year term Noonan could have handed down, he said he was satisfied with the results.

"Obviously, we meant what we said when we indicated that we felt a seven-year sentence was appropriate, but you know I certainly don’t question the wisdom of what Judge Noonan did," Friedman said.

Attorney Earl Key and co-counsel Nichols declined to speak with reporters after the sentencing. Key brushed past one reporter and said the case would be appealed.

Previously, Key has said Simmons did not receive a fair trial, primarily because of media coverage of the crime. Today, in her courtroom statement, Nichols said Simmons did receive a fair trial.

NOTE: The Batavian has provided the most comprehensive coverage in Western New York of this crime since it was first reported from scanner traffic Dec. 24, 2011. For our complete coverage dating back to the first report of the assault, click here.

Law and Order: Burglary suspect accused of violating court order

By Howard B. Owens

Nicholas Adam Antonucci, 25, of Broadway Road, Alexander, is charged with criminal contempt, 2nd. Antonucci allegedly went to his estranged girlfriend's house and had contact with her in violation of a city court order of protection. Following arraignment in Pembroke Town Court, Antonucci posted $1,500 bail at the jail and was released. Antonucci is currently out of jail on a $50,000 bond posted in Wyoming County on burglary and grand larceny charges.

Daniel C. DiLaura, 38, of 32 Brooklyn Ave., Batavia, is charged with petit larceny. DiLaura was allegedly observed by employees at Tops Market placing two small items in his pockets. He then allegedly grabbed a case of beer and left the store without paying for the items.

Michael B. Rech, 41, of 28 Forest Meadows, Rochester, is charged with endangering the welfare of a child and harassment, 2nd. Rech is accused of pushing and knocking down another person while Rech was holding a 3-year-old child.

Kathryn Francis Rose Long, 17, of Mechanic Street, Byron, is charged with harassment. Long is accused of grabbing a youth worker after the youth worker took away Long's mobile phone. Long allegedly grabbed the worker's purse and attempted to take it from her. Long was jailed on $500 bail.

Committee outlines preliminary plan for making Batavia more vibrant

By Howard B. Owens

For six months a committee of Batavia citizens took apart and reconstructed recommendations for the city by consultants czb and Tuesday committee member Brian Kemp presented the group's findings to city council.

Conclusion: What czb proposed can probably be done for less money and with a part-time staff member, but the committee didn't work up a formal proposal.

Instead, the committee wanted feedback from the council on whether to proceed with its work before putting together a budget.

While there was no formal vote Tuesday, the council seem largely supportive of the committee's efforts so far.

"You have my support," Councilman Brooks Hawley said. "You should go and come back and tell us what you want."

The committee, known as Vibrant Batavia, recommends a marketing effort to re-brand Batavia, ongoing economic development, neighborhood spirit building and neighborhood restoration.

Some of these functions are already part of the mission of existing agencies, which is why a full-time person to oversee the efforts is probably not necessary.

The recommendation from czb was for the city to kick in $50,000 for the effort with the community raising $42,000. While there's no budget, the committee doesn't see the need for that kind of expenditure, Kemp said.

Vibrant Batavia hopes to come back to the city with a proposal over the winter and get the project going in the spring.

Besides Kemp, the committee includes Mary Valle, Steve Maxwell, Jill Babinski, Felipe Oltramari, Kelly Kiebala, Don Burkel, Dave Snyder, Marty McDonald, Lynne Bezon, John Cascell, Julie Pacatte, Rachael Tabelski along with city council members Patti Pacino, Kris Doeringer and Pier Cipollone.

Woman who hit Walmart employee on Christmas Eve scheduled for felony sentencing tomorrow

By Howard B. Owens

Jacquetta B. Simmons, the 27-year-old Batavia woman convicted Aug. 24 of assaulting a 70-year-old Walmart employee on Christmas Eve will find out tomorrow whether she will be going to prison for any amount of time.

Simmons is scheduled to appear in Judge Robert C. Noonan's courtroom at 9:15 a.m.

Following her conviction in a jury trial, Noonan ordered -- as standard procedure -- a pre-sentence report, which will help form his opinion on what he believes is appropriate punishment for Simmons.

The sentencing options for Noonan on the Class D felony are probation on up to eight seven years in prison.

Simmons will stand before Noonan with no prior criminal record, which will also be a factor in her sentencing.

Another factor will be the letters from community members and family members for both Simmons and the victim, Grace Suozzi, Noonan likely received prior to today.

Suozzi is expected to make a victim impact statement, which could also factor into Noonan's decision.

Court proceedings are open to the public and much of the local and regional media will likely be at the courthouse in the morning.

For previous coverage by The Batavian of this case, click here.

Winter coats and jackets for children in need can be dropped off at Sheriff's Office

By Howard B. Owens

There are children in our community who need winter jackets and the Justice for Children Advocacy Center, along with the Sheriff's Office and Olympia Sports are teaming up to request donations from people in the community for new or slightly used coats and jackets.

The group is seeking donations from Nov. 14 through 30 for coats and jackets for children of all sizes.

Donations can be dropped off during normal business hours at the Sheriff's Office, 165 Park Road, Batavia. Donors will receive a 10-percent-off coupon from Olympia Sports.

Photo: Stacey Bauer, left, district sales manager for Olympia Sports, Undersheriff Bill Sheron, Grace Flannery, CAC, Shannon Ford, Genesee Justice and Anne Bezon, CAC.

Photos: Muller Quaker hosts information session at GCC

By Howard B. Owens

If you've wondered what Muller Quaker Dairy is all about, or want to find out about employment opportunities, today was the day to meet executives, try out some yogurt or put in a job application at GCC.

Hundreds of people turned out in the afternoon and the event continues until 8 p.m. in the forum.

"We're excited to be a part of the local community, so we wanted to open our doors and let people know a little more about us," said Scott Gilmore, director communications for PepsiCo, one of the partners in the new yogurt plant at Genesee Valley Agri-Business Park.

There were executives on hand to explain plant design and operations, the booming yogurt industry and the nature of the partnership between PepsiCo and the Germany-based Theo Muller Group.

The yogurt plant is expected to employ nearly 240 people in its first round of hiring, and some local residents have already landed jobs with the company.

Muller Quaker HR personnel were on hand today accepting applications, meeting with job candidates and explaining more about employment options at the new plant.

At one point today, the job applicant line was more than a couple dozen people long.

Gilmore said people in blue jeans and people in suits showed up today, demonstrating the diversity of jobs that will be available at the plant.

If you're not able to make it to GCC by 8 p.m., Gilmore said the company plans more such community events, or job applicants can e-mail their resumes to employment@mullerquaker.com.

Santa Day with petting zoo, hots dogs, cotton candy at Oliver's Candies

By Billie Owens

This Saturday, Nov. 17, is Santa Day at Oliver's Candies!

Santa will be there from 10 a.m. to 2 p.m., along with a petting zoo, hot dog stand (done by the Batavia Area Jaycees), Girl Scout Cookies, cotton candy and more.

The candy store is located at 211 W. Main St. in the City of Batavia.

(Plus Ribbon Candy is now ready for the 2012 season.)

Event Date and Time
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Wonderland of Trees HLOM fundraising gala is Friday

By Billie Owens

The public is invited to attend the 11th annual Wonderland of Trees Gala at the Holland Land Office Museum from 7 to 10 p.m. this Friday, Nov. 16.

The theme is "Home for the Holidays." There will be entertainment by Jeff Fischer and Don Bouchard, a silent auction, and hors d'oeuvres prepared by D & R Depot.

Cost is $15 per person or $25 per couple/family. Proceeds benefit the museum, which is located at 131 W. Main St. in the City of Batavia.

The event presented by the president, directors and staff of the Holland Purchase Historical Society and HLOM.

Hillside Children's Center holds event Thursday promoting foster care and adoption in Batavia

By Billie Owens

Press release:

Genesee County residents are invited to join Hillside Family of Agencies affiliate, Hillside Children’s Center for an adoption and foster care celebration on Thursday, Nov. 15. The free event is open to the community and those looking to learn about foster care and adoption and how the Adoption Resource Network at Hillside Children’s Center can aid in the process.

The goal of the event is to help promote adoption and foster care in the Batavia community and to celebrate those who have grown their families through adoption and foster care.

It will be held from 6:30 to 8 p.m. at the First Presbyterian Church, located at 300 E. Main St., in the City of Batavia. To RSVP, contact Cecelia Spinelli at 350-2501 or cspinelli@hillside.com

The family-focused event will also feature:

  • Guidance on getting started with the adoption/foster care process
  • Spaghetti Dinner
  • Panel presentation
  • Arts & Crafts
  • Music by Lisa Barrett
  • Meet adoptive/foster parents and others considering their options
  • Experts to provide information and personal answers to questions on adoption/foster care.

Hillside Children’s Center is a Hague Convention Adoption Service provider. It is an affiliate of Hillside Family of Agencies, is a provider of care for youth and families with a wide range of emotional, behavioral, or life circumstance challenges.

Hillside Children's Center offers therapeutic foster care, adoption, mental health, child welfare, juvenile justice, special education, safety net, and developmental disabilities services to children and families throughout Western and Central New York.

Celebrating its 175th anniversary in 2012, Hillside Family of Agencies is one of the oldest family and youth non-profit human services organizations in the United States. The organization provides child welfare, mental health, youth development, juvenile justice, special education, and developmental disabilities services across central and western New York <http://www.hillside.com/Services/map.htm>  and in Prince George’s County, M.D. Last year, Hillside Family of Agencies provided services to 12,636 youth and families in need.
 
Hillside Family of Agencies is comprised of affiliates Crestwood Children's Center <http://www.hillside.com/Who/ccc.htm> , Hillside Children's Center <http://www.hillside.com/Who/hcc.htm> , Hillside Children's Foundation <http://www.hillside.com/Who/hcf.htm> , Hillside Shared Services, Hillside Work-Scholarship Connection <http://www.hillside.com/Who/hwsc.htm> , and Snell Farm Children's Center <http://www.hillside.com/Who/sfcc.htm> . For more information, visit www.hillside.com <http://www.hillside.com/> .

One man hospitalized following accident Sunday in stable condition, other patients released

By Howard B. Owens

One of the two men injured in an accident on West Main Street, Batavia, on Sunday, was discharged from ECMC today while the other man remains hospitalized in stable condition.

Released was Ryan N. Bartholomew, 18, who was a passenger in a blue Chevy Aveo, that was struck after its driver, Nathan E. Hinze, 19, of Ellicott Avenue, Batavia, allegedly turned in front of an oncoming Chevy Avalanche.

Both Bartholomew and Hinze were flown by Mercy Flight to ECMC, where Hinze remains.

Jennifer L. Petry, 31, of Brooklyn Avenue, Batavia, was the driver of the Avalanche. She was transported to ECMC by Mercy EMS where she was treated and released.

Charges may be pending in the accident.

At 2:32 p.m., Hinze was heading westbound on West Main Street, according to the report by Deputy Tim Wescott, when he attempted to make a left-hand turn into the parking lot of Valu Plaza.

Petry was eastbound.

Both vehicles reportedly had green lights.

Town of Batavia fire and city fire assisted at the scene.

(Initial Report)

Batavia Kiwanis collecting donations today to bring relief to victims of Superstorm Sandy

By Howard B. Owens

Members of the Kiwanis Club of Batavia are collecting donations today for the people downstate effected by Superstorm Sandy.

The drop-off location is on Veterans Memorial Drive, between Michael's and the former Lowe's location.

Canned goods, bottled water, and other non-perishable items along with blankets are welcome donations.

Donations will be collected until 2 p.m., when a truck that is making the rounds throughout New York will stop and pick up all of today's donations.

Photo: Andre Dunlap, left, Mike Rich and Paul White. Below, Harold Kilthau, of Batavia, drops off a donation.

Law and Order: Darien woman accused of running up bill at Walmart under relative's name

By Howard B. Owens

Crystal L. Kiebzak (inset photo), 30, of Darien, is charged with identify theft, 1st, criminal possession of stolen property, 5th, and unlawful possession of personal identification information, 3rd. Kiebzak was arrested after a three-month investigation by State Police into the suspected unlawful use of personal information to obtain merchandise at the Walmart in Batavia. Kiebzak is accused of using the identification of a relative to obtain more than $3,000 in merchandise.

Michael P. Murphy, 27, of 38 Columbia Ave., Batavia, is charged with assault, 3rd, endangering the welfare of a child and criminal mischief. Murphy is accused of punching and pushing another person during a domestic incident at 7:32 p.m., Monday. A child was allegedly in the vicinity of the incident. Murphy was jailed on $3,000 bail or $6,000 bond.

Linda L. Henry, 49, of 6 Maple St., Batavia, Michael J. Henry, 45, of 6 Maple St., Batavia, and Katrina L. Thigpen, 30, of 18 Maple St., Batavia, are charged with harassment, 2nd, and disorderly conduct. The trio were arrested following a police response by officers Jason Ivison and Eric Dibble to a report of a fight on Maple Street at 1:25 p.m., Monday. Thigpen is accused of punching another person in the face. Michael Henry is accused of pushing another person and causing that person to fall through a porch railing. Thigpen and Michael Henry were charged with harassment, 2nd. Linda Henry is accused of repeatedly yelling obscenities at police officers. She was charged with disorderly conduct.

Kevin J. O'Connell Jr., 32, and Samantha L. Johnson, 25, both of 466 Ellicott St., Batavia, are charged with criminal nuisance, 2nd, falsely reporting an incident, leaving the scene of a property damage accident, aggravated unlicensed operation, 3rd, and moving from lane unsafely (O'Connell on the vehicle charges). Batavia PD officers Thad Mart and Darryle Streeter responded to a report of a car hitting a house at 3:35 a.m., Saturday, at 499 Ellicott St., Batavia. The driver of the vehicle fled the scene before officers arrived. The investigation revealed that a vehicle was northbound on Ellicott Street when the driver lost control of the car and it left the roadway on the northeast side of the road. The vehicle drove through a lawn at 451 Ellicott St. before striking and becoming stuck underneath the front porch at 449 Ellicott St. Following interviews with witnesses, officers identified O'Connell as the suspected driver. During the investigation, officers determined that O'Connell and Johnson allegedly hosted an underage drinking party at their residence. Johnson is accused of initially telling officers that her car had been stolen by an unknown person.

UPDATE, to add arrest out of Wyoming County.

Andre Roberts, 20, of Perry Road, Pavilion, is charged with aggravated unlicensed operation, 3rd, and uninspected vehicle. Roberts was stopped by a Wyoming County Sheriff's deputy at 4:50 p.m., Nov. 8, on Keeney Road, Warsaw. He was jailed on $2,000 bail.

Submitted Photos: Gamers line up in the rain for release of Call of Duty

By Howard B. Owens

A reader sent in this photo of game players waiting outisde of Game Stop in Batavia tonight for the release -- three hours from now -- of Call of Duty - Black Ops II.  A friend of mine posted on Facebook a similar picture of fans outside a Game Stop location in Los Angeles.

Fight on Maple Street

By Billie Owens

A fight, now broken up, was reported on Maple Street near Jackson Street. Police are on scene.

UPDATE 1:35 p.m.: An ambulance is called to the scene for a person with a laceration.

Law and Order: Drug charge, warrant arrest follow traffic stop in Byron

By Howard B. Owens

Jason Micheal Kone, 31, of Townline Road, Byron, is charged with unlawful possession of marijuana, violation of probation, aggravated unlicensed operation, 2nd, operating with a suspended registration and operating without insurance. Kone was stopped at 1:51 p.m., Sunday, on Townline Road, Byron, by Deputy Chris Parker. At the time of the stop Kone was allegedly found in possession of a pipe containing marijuana. Kone was also arrested on a warrant out of Monroe County for alleged violation of probation and turned over to the Monroe County Sheriff's Office.

Christina J. Larsen, 37, of 6024 Fisher Road, Oakfield, is charged with felony DWI, felony aggravated DWI, improper left turn, uninspected motor vehicle and unregistered motor vehicle. Larson was stopped at 7:21 p.m. Sunday on West Main Street, Batavia, by Officer Jamie Givens.

Nicholas C. Klippel, 28, of 80 Walden Creek Drive, Batavia, is charged with harassment, 2nd. Klippel is accused of threatening to "murder" another person.

Steven A. Earl, 27, of 8017 Bank Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and failure to yield right of way. Earl was stopped at 2:02 a.m. Sunday on South Swan Street, Batavia, by Officer Marc Lawrence.

Richard L Coughlin, 59, of 17 Fisher Park, Batavia, is charged with criminal contempt, 1st, and menacing, 3rd. Coughlin is accused of putting another person in fear of physical injury by yelling and screaming while in close proximity to that person and raising clenched fists. Coughlin is accused of violating an order of protection issued by Family Court.

Michael L. Valle, 31, of 146 Bank St., Batavia, is charged with attempted burglary, 2nd, criminal contempt, 2nd, and criminal mischief, 4th. Valle is accused of attempting to break into the residence of a person protected by a court order causing damage to a window screen and exterior light. Valle was jailed on $20,000 bail or $40,000 bond.

Brian D. Stotts, 35, of East Main Road, Le Roy, is charged with driving while ability impaired by drugs, unlawful possession of marijuana and running a red light. Stotts was stopped Saturday in Le Roy by a Le Roy police officer.

Bobbie Jo Hudson, 28, of Banks Road, Churchville, is charged with DWI, aggravated unlicensed operation, driving on a suspected registration, consumption of alcohol in a motor vehicle, failure to keep right, and uninspected motor vehicle. Hudson was stopped at 2:25 a.m. Friday on Route 19, Bergen, by Deputy Eric Seppala.

Lucas G. Yauchzee, 23, of West Bergen Road, Bergen, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Yauchzee's arrest stems from the investigation of an alleged domestic incident Oct. 20. He was allegedly found in possession of LSD and marijuana. The case was investigated by Deputy Brian Thompson and Trooper J.J. Pitz.

Richard G. Medwid, 27, of Alexander Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater and unreasonable speed. Medwid was reportedly involved in a one-vehicle accident on Route 98, Town of Batavia, at 12:55 a.m., Sept. 15.

Photos: Old trucks

By Howard B. Owens

While I was out with my film cameras today, I came across Mark Dougherty and Wayne Newton on my street with their old Ford trucks. That seemed like a suitable subject for film photography, and these are both beautiful old trucks.

Three people injured, two needing helicopter transport, in accident on West Main Street, Batavia

By Howard B. Owens

Two people were taken to regional hospitals by Mercy Flight after an accident at 2:40 p.m. on West Main Street at the turn-in for Valu Plaza.

Both people, the driver of one car and his passenger, had non-life-threatening injuries. The driver was taken ECMC and the passenger to Strong Memorial Hospital.

A third person, the driver of a red Chevy Avalanche involved in the crash, was taken to Strong by Mercy EMS.

Reportedly, the driver of a blue Chevy Aveo was making a left-hand turn from the westbound lane into Valu Plaza. He allegedly pulled in front of the red Avalanche.

City and Town of Batavia fire departments responded and Sheriff's deputies are investigating the accident.

Information and photos provided by Alecia Kaus.

Photos: Penn State students in town to raise money to for pediatric cancer

By Howard B. Owens

Students from Penn State are on Batavia's street corners today and tomorrow morning collecting spare change from passing cars as part of there charity drive on the behalf of pediatric cancer.

The students are part of a group called THON, which was first organized at Penn State in 1977. The group has raised more than than $89 million for the Four Diamonds Fund at Penn State Hershey Children's Hospital. Last year alone, students raised $10 million.

The students came to Batavia this weekend because one of the members, James Leisenring, is from Genesee County.

They will be collecting change until 4 p.m. today and tomorrow morning before heading back to State College, Pa.

Each year, THON culminates its fundraising efforts with a 46-hour dance marathon. For more information, visit THON.org.

Pictured is James Metz, of Butler, Pa., and below, Rick Mancuso, who happened to stop at the Hess Station and then found out about the fundraiser and kicked in a donation.

Bottom photo of participating students submitted by Lisa Rapone.

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