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Natural gas leak reported at Rite Aid on Lewiston Road

By Howard B. Owens

A natural gas leak is reported at the Rite Aid at Lewiston and West Main Street roads Batavia.

The building is evacuated.

Town of Batavia fire is on scene.

National Fuel is in route.

UPDATE 11:03 a.m.: National Fuel is on scene.

UPDATE 11:28 a.m.: Town of Batavia in service. The scene is turned over to National Fuel.

House fire on Robbins Road, Le Roy

By Billie Owens

A house fire is reported at 9284 Robbins Road. Le Roy Fire Department is responding along with a Le Roy ambulance and a ladder truck from Bergen.

UPDATE 8:15 p.m.:  A responder reports it's a kitchen stove fire.

UPDATE 8:18 p.m. (by Howard): A chief requests a thermal camera. "It may have gotten up into the ceiling," he says. The City of Batavia's Fast Team is requested to the scene.

UPDATE 8:22 p.m. (by Howard): Pavilion responding. Stafford requested to Le Roy's hall.

UPDATE 8:24 p.m.: Interior firefighter reports the fire is knocked down. Checking for extensions.


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Off-duty dispatcher helps nab suspected Home Depot shoplifters

By Howard B. Owens

An off-duty emergency dispatcher says he was apparently in the right place at the right time tonight when two men tried to pull off a heist of drills from Home Depot on Veterans Memorial Drive.

Nate Fix, who is also a Town of Batavia Fire 1st assistant chief and part of the private security detail at Darien Lake on concert nights, said his wife, Kayte, asked him to drive her up to Home Depot to get a knob for a kitchen cabinet at about 7:30 p.m.

While waiting, Fix called the dispatch center with a work-related question. While on the phone he noticed a man run from the big double glass doors of Home Depot carrying several drills.

"I knew something wasn't right because I could see the lights flashing of the alarms going off," Fix said. "The car started rolling before the guy even jumped in it."

Fix immediately informed dispatchers about what he just observed and deputies were immediately summoned to the area.

Fix followed the car and he figures the driver knew he was being followed when the sedan pulled into the parking lot of Office Max, so Fix drove into the car wash just down the road and waited and watched.

Soon, the white sedan zoomed past his location, he said, again heading south on Veterans, so Fix pulled out behind the sedan.

The car pulled into the B.J.'s parking lot and drove behind the building. Fix waited in the parking lot for the car to reemerge.

"The car races past me, races around Applebee's and then races toward Lewiston," Fix said.

By then, multiple patrol units had arrived on scene and blocked the intersection.

According to Fix, the car stopped and the passenger ran from the vehicle, throwing the drills to the ground.

After a short foot pursuit, the suspect was apprehended by a deputy in the area of Arena Parkway.

"I guess all those nights working security at Darien Lake paid off," Fix said. "I stayed calm, though I may have sounded excited on the phone, and reported what I saw and kept the suspect vehicle in sight."

The names of the suspects have not yet been released.

UPDATE 11:14 p.m.: Arrested was Steven Michael Merriam, 25, of South Main Street, Churchville. He is charged with petit larceny and criminal possession of stolen property, 5th. A search of the sedan uncovered other alleged stolen property from a Lowe's store in Amherst.

Car strikes tree on Batavia Elba Town Line Road, head injury reported

By Billie Owens

A motor-vehicle accident with possible serious injuries is reported at 4167 Batavia Elba Town Line Road, west of Route 98. Elba Fire Department is responding along with Mercy medics and Town of Batavia fire. Mercy Flight is on standby. Two ambulances are needed. "Car into tree, head injury," says responder on scene.

UPDATE 2:11 p.m.: It's determined to be in the Town of Batavia's fire district. Extrication will be needed. Traffic police are asked to shut down traffic at Pekin Road. State troopers and deputies are also on scene.

UPDATE 2:14 p.m.: The road will also be closed at Route 98.

UPDATE 2:16 p.m.: Command calls for the helicopter in Buffalo to start flying to the Batavia hangar.

UPDATE 2:21 p.m.: Two helicopters -- one in Batavia and the other coming from Buffalo -- are both called to the scene.

UPDATE 2:27 p.m.: One patient has been extricated.

UPDATE 2:30 p.m.: Mercy Flight #5 has landed. The second patient has been extricated.

UPDATE 2:34 p.m.: Mercy Flight #7 has landed.

UPDATE 2:43 p.m.: Mercy Flight #5 is airborne and headed to Strong Memorial Hospital.

UPDATE 2:51 p.m.: Mercy Flight #7 is airborne and also going to Strong.

UPDATE 3:01 p.m.: Howard at the scene was told the passanger vehicle was westbound on Batavia Elba Town Line Road when it hit a snow drift and the driver lost control of the car and it struck a tree. Authorities urge drivers to be aware that snow drifts are causing dangerous driving conditions on roads throughout the county and they should use extreme caution when driving.

UPDATE 3:06 p.m.: The injuries sustained by both patients are not considered to be life-threatening.

UPDATE 3:12 p.m.: Town of Batavia command is putting the assignment back in service and Elba Fire Police are opening the road.

UPDATE 4:46 p.m.: The driver of the vehicle was a 16-year-old female from Batavia (State Police are not releasing her name). The passenger was Ronald Filbert, 43, of Lockport. Both were taken to strong with non-life-threatening injuries. Both were conscious and alert at the time they were transported.

One-car rollover on Day Road, Alexander

By Billie Owens

A one-vehicle rollover accident is reported at 1013 Day Road, north of Sprague Road. The vehicle is on its side and the female driver is unable to get out. Alexander Fire Department and Mercy medics are responding. The driver is on the phone with dispatch and says she has minor injuries, she just can't get out of her car.

UPDATE 1:29 p.m.: The vehicle is off the roadway in a ditch.

UPDATE 1:32 p.m.: The patient is out of the vehicle.

UPDATE 1:37 p.m.: Medical treatment is not necessary. Mercy is back in service. A tow is called. The guard rail is mangled.

UPDATE 1:39 p.m.: A water pipe was damaged in the accident and Monroe County Water Authority was notified and will send someone out there when able to do so. Meanwhile, water is leaking in the ditch.

UPDATE 1:56 p.m.: Alexander ambulance is taking the woman to UMMC. Athough she has no complaints of pain, the medic says "she's shaken up."

Investigators seek help in identifying woman who may have used stolen gift card

By Howard B. Owens

Investigators are looking for the apparently smiling woman in this photograph from the Walmart in Albion. The woman allegedly used a stolen gift card to purchase a cake at the store.

The gift card was reported stolen at the Walmart in Batavia after the owner's purse disappeared from a shopping cart when it was left briefly unattended in the parking lot while the owner loaded her vehicle with her purchases.

The card was used in Albion at 12:56 p.m., Christmas Eve.

The purse was recovered along the side of the roadway on Route 63 just south of Medina.

Anybody with information that may assist in the investigation is asked to call Investigator Kris Kautz at (585) 345-3000, ext. 3571.

Appeals court reduces sentence for Jacquetta Simmons to one year in jail

By Howard B. Owens
Jacquetta Simmons

Jacquetta Simmons need only serve one year in jail for punching a Walmart cashier on Christmas Eve, 2011, according to a ruling issued by the the Appellate Division, Fourth Judicial Department, NYS Supreme Court.

The court, in a unanimous decision, found that the five-year prison sentence handed down by Judge Robert C. Noonan on Nov. 14, 2012, was "unduly harsh and severe under the circumstances of this case."

District Attorney Lawrence Friedman said he's disappointed in the decision.

"We felt Judge Noonan's sentence was appropriate," Friedman said. "I thought it was well reasoned. It may have happened before, but I don't recall a sentence of his being reversed in his 17 years of being a judge."

The ruling means Simmons, who became a mother to her first child shortly after an appellate judge stayed her sentence in 2012, is saved from serving any further state prison time. The one-year sentence, likely to be reduced to eight months on good behavior, will be served in a county jail.

That's disappointing, Friedman said, but most importantly, the court upheld the jury's conviction of Simmons.

Attorneys for Simmons argued to the court that the jury's verdict flew in the face of the evidence presented at trial. With a dissent from Justice Rose H. Sconiers, the court upheld the jury conviction.

The jury could reasonably conclude, ruled the majority upholding the conviction, that based on the testimony and video evidence presented, that Simmons did intentionally punch Grace Suozzi.

Sconiers wrote in her dissent that she didn't believe the evidence supported that conclusion, but rather the video supported the defense contention that somebody behind Simmons had grabbed her arm and that she swung away causing her to accidentally strike Suozzi.

Friedman said he was surprised by the dissent and found it baffling.

The Batavian has no means to contact attorneys for Simmons on a Saturday for comment.

In the majority on the conviction, and joining Sconiers in reducing the sentence, were justices Henry J. Scudder, John V. Centra, Stephen K. Lindley and Joseph D. Valentino.

The case is remitted to Noonan's court for formal sentencing. No date has been set yet for re-sentencing and Simmons remains free in the meantime.

The sentence reduction is a real disservice to the victim and her family and the community, Friedman said.

"Having gone through this and seeing the impact this had on Mrs. Suozzi, her family, a lot of people in the community who knew her and cared about her -- all of that is something that is lost in the appeal process," Friedman said. "It's one punch, but more than the physical harm is the emotional harm. It really affected her life as far as her ability to return to work and go out and about. She's a very nice lady and this sentence doesn't do her justice."

The Batavian first broke the story of the Simmons case in 2011. For a complete archive of our coverage, click here.

One-vehicle rollover on westbound Thruway

By Billie Owens

A one-vehicle rollover, unknown injuries, is reported on the westbound Thruway at mile marker 386.6. Mercy medics and Town of Batavia firefighters are responding.

UPDATE 7:51 p.m.: There are two occupants. Both are sign-offs.

Hockey team sponsored by city firefighters wins tournament

By Howard B. Owens

The Batavia Mites Firland Flyers Hockey Club played in a three-day tournament in Greece recently and went undefeated to win the team's division. The Flyers participation in the tournament was only possible because of a generous donation by the City of Batavia Professional Firefighters Association. To show their appreciation, the Flyers and their coaches wanted to pose for a picture with members of the firefighters association.

UMMC announces first baby of 2014

By Howard B. Owens

Press release:

United Memorial Medical Center welcomed the first baby born within Genesee County in the New Year, 2014. Aliyah Ann Miller, a baby girl, was born to Rachel Pitz and Carl Miller of Lancaster, NY, on Wednesday, Jan. 1 at 6:43 p.m. at United Memorial Medical Center in Batavia. Aliyah is the second daughter for the family. Baby Aliyah weighed 6 pounds, 12 ounces and was 19 inches long. She was delivered by John C. Jaeger, MD.

“We chose United Memorial because of the great relationship we have with Dr. Jaeger. He delivered my first baby,” stated Ms. Pitz. “And, the nurses have been wonderful.”

The new mother is employed at Logistic Dynamics in Williamsville and Mr. Miller works for ECH Recovery & Associates in Lancaster.

As the New Year’s baby, Aliyah and her parents received a $200 gift card to a local department store and an engraved feeding spoon from United Memorial and a gift basket from the Maternity Unit staff.

There were 622 babies delivered at United Memorial in 2013.

Truck hauling helicopter on Thruway crashes in Pembroke

By Howard B. Owens

The driver of a truck hauling an out-of-service Mercy Flight helicopter apparently hit a slick spot on the road and lost control of the truck, causing the trailer to roll over.

The helicopter was heavily damaged when it rolled off the trailer.

"It's just property damage," said Mercy Flight's CFO Margaret Ferentino. "That's the good news. Thank goodness, no one was hurt."

The helicopter was taken out of service in 2011 and had been sold to a company in Australia. It was being hauled to Canandaigua for repainting.

Most of the components had been removed to prepare it for repainting, Ferentino said.

Based on pictures from the scene, Ferentino said it appears the helicopter was totaled in the accident, but it will be assessed when it's returned to Mercy Flight's base in Buffalo.

The accident was reported at 10:38 a.m. in the area of mile marker 402, which is just west of the Pembroke toll plaza.

Photo: Courtesy NYSP Public Information Officer, Troop A, Trooper Victor Morales.

Photo: Clearing away the snow around Ascension Parish Church

By Howard B. Owens

Jim Fasano was out clearing away the snow around Ascension Parish Church on South Swan Street this morning.

Fasano said the church's regular maintenance man had to go into the hospital for surgery, so all of the parishioners are pitching in and helping with the upkeep of the church and grounds.

"It's a big job," Fasano said.

The National Weather Service reports the current temperature in Batavia is 2 degrees. A wind chill advisory remains in effect until noon, and a new advisory has been issued for 9 tonight through 4 a.m., Saturday.

The forecast further out is for potential heavy lake effect snow Monday or Tuesday and continued cold and wind chill. The chance of snow for Monday and Tuesday is listed at 50 percent.

Cold weather particular danger for people suffering from Alzheimer's

By Howard B. Owens

Press release from the Alzheimer's Association, WNY Chapter:

At some point in the progression of Alzheimer’s disease, most people with dementia will inexplicably leave familiar surroundings and potentially endanger themselves. Extremely cold temperatures can be deadly for vulnerable people who venture outdoors unprepared for the conditions, but there are steps that can be taken to lessen the danger for the person, and avoid anxiety for family members.

The Western New York Chapter of the Alzheimer’s Association can provide valuable resources and information for those with dementia and their loved ones, including ideas for preventing behaviors that could be dangerous, such as wandering from home. “Watch for triggers, such as increased agitation, fidgeting or pacing, which can indicate their loved one wants to leave.” Chapter Program Director Lesley Kennedy advises caregivers and family members to acknowledge the feelings their loved one may be experiencing and redirect them to a new activity or environment, such as a different room. 

It is also critical, and easy, to improve safety in the home. “Motion alarms, which are available at any home supply store, can be easily installed on a door. Moving locks to a higher position on a door where they are out-of-reach is also easy and effective. And camouflaging doors with curtains can divert a person from opening it and leaving,” advises Kennedy.

Other suggestions include sticking to a routine or schedule of activities, which can be helpful in keeping those with dementia from becoming overly stimulated and overwhelmed. 

Wandering is unpredictable and it usually occurs because of disorientation caused by the disease. “It is very important for caregivers to seek assistance as soon as they realize their loved one has left the home,” says Kennedy. She recommends immediately calling 9-1-1 and indicating that there is a missing vulnerable person. Be assertive and insist that all police agencies, including county and state police, launch an immediate response. Having pictures of the missing person, and a description of their clothing, is also very important and asking friends and neighbors to join in the search or sharing the information through social media, can also be beneficial.

Finally, register with a medical alert program, such as “Safe Return,” which aids first responders by providing them with immediate links to your loved one’s caregivers, medical records, and the Alzheimer's Association.

“You are not alone in this struggle,” says Kenney. “The Alzheimer's Association has trained, confidential professionals available at any hour of the day or night to offer tips and guidance at their toll-free Helpline number — 1.800.272.3900.”

Byron woman, 71, dies after wandering outside home

By Howard B. Owens

A 71-year-old woman in Byron died overnight after she she wandered outside and was later found in a field near her home.

The body of Carol Magoffin, of Byron-Elba Road, was found about 9:30 p.m. by her husband Robert about 100 yards from their house.

Carol and Robert had been napping together and when he awoke, she was missing. He searched the home and found a rear door unlatched and followed footprints in the snow, which led him to his wife's body.

He called emergency dispatch and the Byron Volunteer Fire Department and Sheriff's deputies responded.

Coroner Karen Lang also responded.

The Sheriff's office reports that Mrs. Magoffin had been ill for some time and foul play is not suspected.

Car wreck on the eastbound Thruway

By Billie Owens

A vehicle is reported to be on its side on the eastbound Thruway near mile marker 399. Unknown injuries. East Pembroke Fire Department, Mercy medics and law enforcement are responding.

UPDATE 7:08 a.m.: Both occupants are out of the vehicle. Medics will evaluate them.

The National Weather Service reminds people, 'use common sense'

By Howard B. Owens

Frost bite and hypothermia are possible in as little as 15 minutes for people not properly dressed for the weather, so the National Weather Service is urging people to use common sense.

If going outside, dress in layers of clothing, cover skin, minimize exposure to the cold weather.

The weather service says this morning is bringing temperatures in the low single digits for the area with a wind child factor of 10 to 20 below zero.

"If you are planning to venture out this morning," the weather service says, "use common sense."

Fire at the Sunset Motel on West Main Street Road, Batavia

By Billie Owens

A working structure fire is reported at 4054 W. Main Steet Road, the Sunset Motel, Room #12. All available manpower is requested out of the Town of Batavia Fire Department. The motel has been evacuated.

UPDATE 2:53 a.m.: A crew from Oakfield is requested to fill in at Batavia's Station #1.

UPDATE 3:02 a.m.: "We've got to get ahold of this room," says a firefighter as the crews work to contain the fire to Room 12. "...We've got to vent this roof. I don't know how far it's got across these eaves." Smoke is showing from the north gable end.

UPDATE 3:07 a.m.: An engine and manpower from East Pembroke is called to the scene.

UPDATE 3:12 a.m.: There's no evidence of eastward extension of the blaze. They've vented the roof.

UPDATE 3:14 a.m.: National Grid is called in.

UPDATE 3:21 a.m.: Town code enforcement officer Dan Lang is called in, along with the American Red Cross to assist the motel dwellers. "The (motel) owner has no idea where the electrical shut off is," says a firefighter. No ETA for National Grid. A second ambulance is requested, a male with difficulty breathing will likely need to be transported to a hospital.

UPDATE 3:23 a.m.: Command reports fire is out. "Code enforcement Gerald is responding."

UPDATE 3:27 a.m.: They broke a lock to access the electrical circuit panel, which is located at the rear of the motel's west end. There is still smoke in the crawl space.

UPDATE 3:28 a.m.: The smoke in the crawl space is getting heavier. A thermal camera will be used to try and locate its source.

UPDATE 3:44 a.m. (by Howard): The building will need to be vacated for the night. Lodging is needed for the residents of at least four rooms.

UPDATE 4:12 a.m. (by Howard): Some units being put back in service.

UPDATE 4:43 a.m.: Town of Batavia is back in service. Firefighters contained the fire to a single room. Two tenants need to be relocated.

Investigators find car involved in fatal accident on Ledge Road in August was mechanically sound

By Howard B. Owens

Investigators found no mechanical issues with a car that crashed on Ledge Road, Alabama, in August, and split in two after striking a utility pole.

The accident claimed the the life of a 10-year-old Batavia boy.

The findings are part of a final accident report filed in October and obtained today by The Batavian through a Freedom of Information Law request.

The driver, the boy's father, Shawn P. Wolcott, told investigators the day of the accident that he had taken the car into mechanics several times because of issues with the steering and that prior to the accident he felt the car wobble and heard a pop or a knock.

Deputy Nathan Balduf, certified by the state for post-accident mechanical inspections, thoroughly examined Wolcott's 2004 Chrysler 300 and found no mechanical deficiencies that would have contributed to the accident.

Sgt. Bill Scott, a lead investigator for the Crash Management Team, concluded in his report that all the evidence pointed to the sedan drifting off the road either because Wolcott fell asleep, became unconscious or was otherwise distracted.

The Chrysler's front passenger fender struck a utility pole on Ledge Road. "After initial contact," according to the report, "the vehicle rotated counter-clockwise causing the vehicle to split in half."

Wolcott, who was uninjured in the crash, exited the front half of the vehicle as soon as it came to rest, according to witnesses, and pulled his son, Shawn Jr., from the back passenger seat.

One person reported seeing somebody performing CPR on the child.

Shawn Jr., was flown by Mercy Flight to Mothers and Childrens Hospital in Buffalo. He died five days later.

Wolcott told investigators he was driving to the reservation to buy a carton of cigarettes.

The accident was reported at 8:18 a.m.

Two people -- including his estranged wife and a person on probation with multiple arrests -- reported to authorities that Wolcott had been partying the night before and consumed drugs and alcohol. Wolcott denied the accusation to investigators.

Deputy Lonnie Nati, a certified drug-use recognition expert, was the first deputy on scene and did not detect the odor of alcohol on Wolcott and observed nothing to indicate Wolcott had consumed any drugs.

Investigators were also told that Wolcott was transporting two bags of marijuana in the trunk of his car, but a thorough search of the vehicle turned up no cannabis, though baggies were found that may have contained marijuana (based on odor) at one time.

Wolcott did have a prescription for hydrocodone for carpal tunnel pain in his wrists and he told investigators he had taken a pill the morning of the accident, but he'd been taking the prescription for years without incident.

According to the report, within the three years prior to the accident, Wolcott had taken the car in for service or repairs at multiple local garages, including Monroe Muffler, Midas, Dunn Tire, Castilone Chrysler, Chesley Automotive and Zirbel Automotive.

One person at an automotive shop told an investigator that Wolcott treated the car "like it's his only possession."

Wolcott told an investigator that a mechanic at Castilone, where the car was taken in April, said that the balance was missing from the rack and pinion and that the rack and pinion would need to be replaced.

The repair, he said, would cost $1,200, which he couldn't afford.

Repair receipts obtained by investigators from Castilone mention nothing about any problem with the rack and pinion, though notes indicate that Wolcott did complain about the handling and steering of the car. Wolcott reportedly told a mechanic that the "left front wheel feels like it's going to fall off."

The right front caliper, front rotors and pads were replaced during that visit.

In March, 2010, Wolcott had the front sway bar links replaced at Chesley's.

The struts were replaced by Monroe in late August, 2010. Monroe did alignments on the car in early August, 2010, late August, 2010 and September, 2010. Chesley's did a wheel balance in October of that year.

Photos: A winter's day in Batavia

By Howard B. Owens

Batavia was hit with a full blast of winter today with cold, wind and snow, but life went on.

The National Weather Service issued an advisory for this evening indicating we can expect more of the same overnight and travel conditions could be difficult.

Above, Shaun Coburn, a carrier for the Batavia Daily News, delivers papers on Lincoln Avenue.

Tim Kemp, on Lewis Avenue.

Postal carrier Donna Buckenmeyer delivers mail on Lewis Avenue.

Rick Adams on Ellsworth Avenue.

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Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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