Press release:

Attorney General Eric T. Schneiderman today announced the arrest of Sarah Waclawski, 25, of Batavia, New York, a Certified Nurse Aide at Genesee County Nursing Home, for causing injury to a resident of the nursing home.

Court documents filed by the Attorney General allege that on March 27, 2013, Waclawski transferred a 100-year-old female resident suffering from dementia from her wheelchair to her bed without the assistance of another staff member, as required by the resident’s individual care plan. They further allege that once in bed, Waclawski decided to transfer the resident back to her wheelchair, again without the assistance of another staff member. Once the resident was back in the wheelchair, she fell to the floor, hitting her head on the wheelchair and sustaining a laceration and pain.

“Families who place their loved one in a nursing home should be able to take comfort in knowing that they’ll receive the best care possible. By ignoring her patient’s care plan and then failing to seek medical attention for her when she fell, Sarah Waclawski showed blatant disregard for the health and safety of her patient,” Attorney General Schneiderman said. “My office will continue to prosecute cases like this to the fullest extent and send the message, loud and clear, that this conduct will not be tolerated.”

According to the felony complaint, without seeking medical assistance or advising a supervisor of the fall to conduct a nursing assessment, Waclawski enlisted the help of another aide to place the resident back into bed and then left the room. Approximately 15 to 20 minutes later, Waclawski reentered the room and observed blood on the resident’s pillow. Almost one hour later, a nurse came into the resident’s room and observed Waclawski wiping the resident’s head. The nurse also observed that several used wipes had what appeared to be blood on them. At no time prior to the nurse entering the resident’s room did Waclawski seek medical assistance for the resident.

Waclawski was charged with one count of Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, a class E felony, which carries a maximum prison term of four years. She was arraigned in Batavia City Court before the Honorable Robert Balbick and entered a plea of not guilty. She was released on her own recognizance and is due back in court on March 4, 2014. 

The prosecution is being handled by Special Assistant Attorney General Thomas N. Schleif, under the supervision of Regional Director Gary A. Baldauf and Amy Held, acting director of the Medicaid Fraud Control Unit. The investigation was conducted by Investigator Janice Boyd, under the supervision of Supervising Investigator Kathleen Donahue.

The charges are merely an accusation and the defendant is presumed innocent until and unless proven guilty in a court of law.

Only four players in the history of the Notre Dame basketball program have ever scored 1,000 points in their careers.

Make that five.

Tim McCulley added to his already impressive athletic resume by scoring his 1,000th career point Monday night in a victory over Alexander, 52-32.

“People don’t realize how hard it is to score 1,000 points in high school,” said Notre Dame Head Coach Mike Rapone. “To get 1,000 points shows that he’s been steady and consistent.”

McCulley joins his uncle, Tom McCulley, Mark Wadams, Jeff Weaver, and his father, Mike McCulley -- who is currently just one point ahead of his son -- in the 1,000-point club.

“It’s a great feeling to have a father and son both play for you and go over 1,000 points,” Rapone said. “There’s something in the McCulley genes that they can all shoot. I’m sure Mike is as proud as any father could be right now.”

The senior guard was just nine points shy of the 1,000 mark at the start of the contest, and he got within a point at the end of the first quarter.

Then just 20 seconds into the second quarter, McCulley caught a back-door alley-oop from Jason Hart to eclipse the hallowed accomplishment.

“It's a great accomplishment,” Tim McCulley said. “Only five players have scored 1,000 points at Notre Dame. I’m just glad to be a part of it. It’s a milestone I never thought I’d hit.”

It was not a superb shooting night as a team for the Fighting Irish, but McCulley still managed a strong outing, finishing with 24 points, 10 rebounds and three blocks.

“Alexander was physical and played hard,” Rapone said. “They got on the boards and gave us all we wanted.”

Caleb Nellis had a solid night for Notre Dame (12-3), scoring 13 points and grabbing eight rebounds.

Tyler Laird paced Alexander (7-7) with eight points and 15 rebounds.

Batavia's Bed, Bath & Beyond, damaged by fire Jan. 27, has been cleared of all its stock and today work crews were pulling from the store every last bit of fixture, shelving and even wall.

Smoke odor still permeated the entry way.

A manager said she doesn't know when the store will reopen. She said she didn't know when new stock would arrive. Asked if employees had been offered jobs at other locations, she said we would have to call the corporate office.

We called the corporate office this afternoon and have not yet gotten a response.

A three-vehicle accident, which is blocking traffic, is reported at 7797 Oak Orchard Road. A tractor-trailer, SUV and van are involved. Two Mercy ambulances are called in. Extrication of a patient in the van will be required. Town of Batavia fire is responding along with mutual aid from Elba's rescue unit. Elba Fire Police are asked to shut down southbound traffic at Daws Corners and northbound Route 98 traffic will be shut down at West Saile Drive.

UPDATE 4:02 p.m.: The patient from the van has been extricated.

UPDATE 6:25 p.m.: The Town of Batavia's assignment is back in service. At least one person was taken to UMMC -- an adult female with a small puncture wound on her lower leg.

Exclusively at Council Opticians, we are excited to showcase the new 2014 Tiffany Eyewear Collection. Well known for their quality, elegance, and use of Austrian crystals, here are 4 exciting new designs out of many featured here in our Batavia office. We invite you to visit us here and browse our large selection of quality eyewear.

The brother of a man already sent to prison for stealing high voltage hire from businesses in Le Roy has a chance to avoid a prison term after pleading guilty today to possession of stolen property.

Dustin Nicometo entered his plea in County Court in satisfaction of two felony indictments against him that included burglary and grand larceny counts.

Nicometo, now a Bernville, Pa., resident could be sentenced in April to an intermittent jail term followed by a period of probation as part of the plea deal.

The 26-year-old man will need to abide by the terms of his release under supervision until his sentencing date in order to preserve the deal.

On Jan. 21, Michael Nicometo was sent to state prison for at least three and a half years and ordered to pay $86,017.57 in restitution to Dolomite and Troy Manufacturing.

Dustin Nicometo admitted to possessing wiring and equipment from the Troy job, but when asked if he knew the items were stolen at the time, Dustin Nicometo told Judge Robert Noonan, "no."

Noonan asked him why he was pleading guilty if he didn't know the items were stolen.

Nicometo said he didn't know the items were stolen and after a little more back and forth, Noonan explained that in order for him to plead guilty he had to admit that either he knew the items were stolen or he had a reason to believe the items were stolen and Nicometo agreed that he had a reason to believe the items were stolen.

With the sun out this morning, I went for a short drive out to the Bethany area thinking, "the sun before the storm."

Our previous winter storm watch has been upgraded to a warning and between tonight and tomorrow night, we could get up to 10 inches of snow.

Heading down Clipnock Road, I spotted a group of trainers working out harness racing horses.

Bottom picture, a broken barn door on Transit Road.

Logan R. Evans, 22, of East Main Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and moved from lane unsafely. Evans was arrested following an investigation by officers Stephen Cronmiller and Matthew Lutey into an accident at 1:06 a.m. Saturday in the area of 23 Jackson St., Batavia.

Jacob S. Martino, 29, of Drake Street, Oakfield, was arrested on a warrant for alleged parking on city streets between 2 a.m. and 6 a.m. Martino turned himself in on the warrant. He posted bail and was released.

Amanda Marie Bowles, 28, of Williams Street, Batavia, was arrested on a bench warrant. Bowles was arrested by Batavia PD and turned over to the Sheriff's Office. Bowles was jailed on $100,000 bail.

Batavia officially became a city on January 1, 1915 after having been an incorporated village since 1823. The transition involved a progression through several steps during 1914. During 2014, I will be recalling each of these events 100 years after their occurrence.

In the early 1900s, village leaders appointed a Charter Review Commission for the purpose of drawing up a city charter proposal. Despite several submissions to the State, the Commission’s proposal consistently failed to gain the necessary State approval. The matter came to a head early in 1914. On this day, 100 years ago, the Village of Batavia aldermen, the equivalent of today’s City Council, unhappy with the Commission’s work, offered a competing proposal.

One reason for the failure of the Commission’s proposal to receive State approval had been lobbying by certain Village aldermen against specific parts of the proposal that caused them displeasure. Those parts included the elimination of wards, the elimination of political parties, the election of councilmen solely at large, and the creation of a city manager position. Political pundits predicted that the Board of Aldermen’s proposal would have none of these features.

The pundits were right. The aldermen’s charter proposal, made public 100 years ago today, not only retained wards, but increased them from five to six. It retained political affiliations, featured a strong mayor, and doubled Batavia’s representation on the County’s Board of Supervisors. It also had a particularly novel feature. Under the aldermen’s proposal, if at least 25 percent of the voters petitioned for enactment of a particular ordinance, the Common Council had to either adopt the ordinance or submit it to a vote by city residents.

In a move surprising some, the aldermen promised to put their proposal to a straw vote of residents just six days hence. Next week, I will provide another news release, this time revealing the outcome of that vote.

Local Greek yogurt maker Alpina has entered the national television yogurt wars with a series of commercials meant to entertain and inspire.

While industry leaders Chobani and Dannon dish out big bucks to debut commercials during the Super Bowl (including a both praised and panned spot from Dannon for Oikos Greek yogurt featuring the former cast of Full House, and Chobani's ad with Bob Dylan and a bear), Alpina held of until today the release of its new ads.

Press release from Alpina:

The new campaign focuses on individuals facing their challenges head on, or as we like to say “climbing their mountains.” Maybe your mountain is to run a 10k or graduate from college. The point is we all have mountains to climb. So satisfy your taste for the top with Alpina Greek Yogurt, it's encouragement by the spoonful. Alpina. Climb Your Mountain.

The ads will run in select areas in the Northeast, including Western New York, and will feature digital and radio advertisements. Western NY can also look forward to seeing our ads on TV and area buses. To complement the campaign, Alpina is offering a free trial to those who share their mountain with us through a link in our digital ads.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is using the improved ranking of New York’s milk production in the nation to demonstrate the value of Upstate’s agricultural economy. New York recently passed Idaho to become the third largest producer of milk in the nation. New York’s milk production increased by 2.2 percent in 2013, compared to 0.4-percent growth nationwide, which demonstrates the importance of milk production to the Upstate economy.

“The Upstate agricultural economy is vital to New York’s success, and news of our increased milk production is a good indicator of this fact. Not only is New York’s milk going directly to consumers, it is also going to produce other growing New York products, such as yogurt and cheese,” Hawley said. “We must make sure to enact policies that encourage the growth of our state’s agricultural economy. I will be keeping a careful eye on how the budget proposal affects our family farms, and advocating for policies that help them grow.”

New York’s dairy industry comprises the largest portion of its agriculture economy, and is the number one producer of yogurt in the country, churning out a total of 695 million pounds. Hawley has supported New York’s farming economy by passing the 2 percent family farm tax cap, calling for reduced agricultural regulations, and promoting initiatives to market New York farm products.

Press release:

The Genesee County & Batavia City Youth boards are extending an extra effort to let the community know just how outstanding our local citizens can be. A Youth Recognition Banquet will be held on Thursday, April 3. This event is an opportunity to thank select individuals for their service to the community.

Awards are given in three separate categories. The Youth Recognition Awards are presented to those youth who have performed an outstanding service for their community, and/or have assumed an extraordinary role within their families. The Adult Youth Worker Award is given to a Genesee County youth-serving professional, in a paid position, whose work surpasses normal expectations. The Adult Volunteer Recognition Award is presented to an adult who serves the youth of Genesee County in a volunteer setting.

A community-wide mailing with nomination forms and instructions was conducted. Forms can also be accessed by visiting the Genesee County Web site www.co.genesee.ny.us and clicking on “Youth Bureau. All nominations are due by Feb. 24.

An arrest has been made in what might be termed an 11-month cold case.

On snowy night last March, somebody broke into the Discovery Chapel, 315 W. Main St., Batavia, stayed for a while and left barefooted sometime later.

The police had shoes, socks, footprints in the snow and a little bit of blood.

The blood is what led to the arrest of Shannon G. Cook, 34, of 6269 Byron Elba Road, Byron.

Cook was identified as a suspect through a DNA match after he was required to submit a DNA sample following an unrelated criminal conviction.

Nothing was stolen from the church.

Cook is charged with criminal mischief, 3rd, and criminal trespass, 3rd.

Following ararignment in City Court, Cook was released under supervision of Genesee Justice.

Jenea M. MacLeod, 29, of Genesee Street, Corfu, is charged with petit larceny. MacLeod is accused of shoplifting from the Dollar General Store at 412 E. Main St., Batavia. She allegedly placed items in her purse and walked out of the store without paying for the items on Friday. Two days earlier, MacLeod also allegedly stole merchandise from Walmart. She was charged with petit larceny and trespass.

Kevin Leroy John Halbert, 27, of Ellicott Street, Batavia, is charged with peit larceny. Halbert is accused of shoplifting from Kmart.

Woodrow C. Horseman, 37, of State Street, Batavia, is charged with petit larceny and trespass. Horseman was allegedly banned from Tops. He allegedly went into Tops at 4:08 p.m. Sunday and stole several cases of beer.

Jason H. Freeman, 32, of South Spruce Street, Batavia, is charged with petit larceny. Freeman is accused of stealing ice cream from Tops.

Terry Ann Espinosa, 43, of West Main Street Road, Batavia, is charged with falsely reporting an incident, 3rd. Espinosa is accused of falsely reporting a larceny to Batavia PD.

Gregory Seppe, 55, of Hyde Park, Batavia, is charged with disobeying a court order of protection and endangering the welfare of a child. Seppe is accused of entering a residence on Columbia Avenue at 10:17 a.m. Saturday and coming into contact with a person he is barred by court order from contacting. While in the residence Seppe allegedly acted inappropriately and endangered the safety and well being of several children in the residence.

Stephen W. Quigley, 59, no permanent address, is charged with petit larceny and trespass. Quigley allegedly slept overnight in a vehicle on the car lot of Time Buyer and stole change from an unsecured vehicle. Quigley was jailed on $5,000 bail.

David C. Truesdale, 24, of 18 Parsells Ave., Rochester, was arrested on a bench warrant. Truesdale was located reportedly hiding in a bathroom at 20 Tracy Ave., #1, Batavia, by Sgt. Chris Camp while Camp was attempting to serve a warrant on Truesdale. Truesdale is charged in the warrant with assault, 3rd, and strangulation, 2nd. He was also arrested on a City Court warrant for alleged failure to complete community service on an unreasonable noise complaint. At the time of his arrest, Truesdale was allegedly found in possession of marijuana. Truesdale was jailed without bail.

Duffy L. Starks Jr., 21, of Tracy Avenue, Batavia, is charged with unlawful possession of marijuana. Starks was allegedly found in possession of marijuana while Batavia PD was at 20 Tracy Ave., Batavia, to arrest another subject on a warrant. Starks was also arrested on a parole warrant. He is being held in the Genesee County Jail on the parole warrant.

Joshua T. Fullmer, 21, of 3124 W. Main Street Road, Batavia, was arrested on a bench warrant. Fullmer turned himself in to Batavia PD.

Amy R. Martin, 29, of Dewey Avenue, Batavia, turned herself in on a parking ticket warrant for allegedly parking on a city street between 2 a.m. and 6 a.m. Martin posted bail and was released.

Danny D. Williams Sr., 25, of 310 E. Main St., Batavia, was arrested on a bench warrant. Williams was located in Rochester and arrested on two bench warrants and one arrest warrant out of Batavia City Court. Williams was jailed without bail.

Leslie C. Jackson, 51, of Piffard, is charged with grand larceny, 4th, and and a Class E felony (the State Police blotter is unclear as to what it is). Jackson was arrested by state troopers in connection with an alleged incident reported at 3 p.m. Dec. 3 in the City of Batavia. No further details released.

A winter storm watch has been issued for Tuesday evening through Wednesday evening.

There's a potential of snow accumulations of more than six inches with visibility of less than a half mile.

Forecasters say there is still uncertainty as to the storm's exact track. A change in the track could alter snowfall totals.

A furnace explosion, with smoke showing, is reported at 6394 Searls Road in Byron. Byron Fire Department is responding. Other units from other departments were called, but command on scene said they could stand down.

A dryer fire is reported at 1 Shady Lane, Batavia.

Town of Batavia is responding.

UPDATE 10:18 a.m.: Fire is knocked down. Remaining units responding can respond non-emergency.

A car slammed into a tree, close to a house, at 8802 8807 Prole Road. One person, believed to be injured, is still in the vehicle. Several others -- from three to six subjects -- were seen running from the scene. The accident is just south of Route 5. Law enforcement and medics are responding.

UPDATE 11:13 p.m.: Stafford Volunteer Fire Department is on scene. "All units can back it down. One subject is in the vehicle and I've got him," says a deputy.

UPDATE 11:25 p.m.: Stafford fire is leaving the scene, in service. A tow truck is en route.

UPDATE 11:44 p.m.: Le Roy Ambulance is transporting the patient to Strong Memorial Hospital. The deputy is also going to Strong to follow up on the accident.

UPDATE 11:35 a.m. (by Howard Owens): The driver has been identified as Douglas J. Hanley, 23, of Batavia Stafford Townline Road, Batavia. Charges are pending. The accident was investigated by Deputy Frank Bordonaro.