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Local victim thinks area residents should be more aware of debit card fraud schemes

By Howard B. Owens

A Genesee County resident was shocked earlier this month to find that two of her debit cards had been used to make unauthorized purchases at locations as far away as France and Texas.

Apparently the thieves obtained her cards with a bit of technology, though which technology was used in this case is unclear.

Criminals can use several methods to obtain ATM card numbers. The most common is known as skimming, which involves hooking a dummy reader up to an ATM machine.

Less common is using a device that reads RFID signals (radio frequency) that some cards emit (RFID signals are much more common on credit cards and hardly used by banks on ATM cards, according to a security expert).

The local woman first thought somebody scanned her purse, but at the request of The Batavian, contacted her banks and found her debit cards do not have RFID chips.

The woman carries two debit cards, one from TD Bank of the North and one from First Niagara. She said she rarely uses the First Niagara card and hadn't used it for several weeks prior to it being compromised.

That's why the woman doesn't think her cards were skimmed at an ATM machine.

A TD bank customer service agent told her that some stores keep ATM card numbers in their system for up to six months, which could be the source of a security breach (hackers could gain access to the system, or an unscrupulous store employee to look up the numbers).

The woman contacted The Batavian after filing a complaint with the Sheriff's Office because of a local news report about skimming at two M&T Bank branches, one in Corfu and another in Oakfield.

Undersheriff William Sheron said local law enforcement has received no confirmation of any skimming victims in Genesee County, except for the possible case of the woman who filed the complaint Monday.

Regardless of the amount of skimming taking place locally, it is a fraud consumers should be concerned about, security experts warn.

In January, Bank Info Security predicted 2012 would be the year of skimming.

In order to skim card numbers from unsuspecting bank customers, a criminal places a disguised card reader on an ATM machine. The devices are often manufactured by criminals to seamlessly integrate into the bank's ATM machine, making them very hard for an unsuspecting ATM customer to detect.

The criminal must also place a hidden camera in an appropriate location in order to capture users inputting PIN numbers.

Robert Siciliano, a McAfee identity theft expert, said most criminals who set up skimming devices know how to avoid being detected by ATM security cameras when placing and removing a device on an ATM machine, and the devices are left on machines for no more than a couple of hours.

Siciliano said if a consumer suspects a device has been connected to a machine, they can usually jiggle it loose.

There are several ways consumers can protect themselves from debit card fraud.

First, Siciliano said, don't use a debit card. Siciliano said he only carries credit cards, uses those for all of his electronic purchases and then pays off the cards each month.

Credit card agreements, by law, have better consumer protection rules, he said. For example, consumers have up to 60 days to detect and report an unauthorized transaction, whereas most bank agreements on debit cards give consumers only a matter of days to report fraudulent use of their cards.

If you do use a debit card, you should be checking your bank statements online frequently to more quickly detect unauthorized transactions, Siciliano said, certainly at least every two weeks.

It's best never to swipe your debit card for purchases, Siciliano said. Don't use them in place of a check. Not only might there be a skimming device attached -- such as at a gas station -- to the purchase point machine, the numbers are stored in computer systems that can be compromised.

If you use your card at a bank ATM machine, always use your free hand to cover the entry of your PIN number. While some skimming devices include overlays for keypads, they are rare, Siciliano said. The most common way to capture a PIN number is with a hidden camera.

For the local woman who had her identity stolen, it's been a major frustration, she said.

Because she feared all of the debit and credit cards in her purse were compromised -- including a card under her dad's name with a large line of credit she uses for any emergency care for her father -- she cancelled all of her cards.

The thieves placed a nearly $2,000 charge in France on her primary debit card and tried to make another $1,000 charge at another location (by then both her available funds and overdraft protection were used up).

Fortunately, she said, she had made her $500 house payment just a day or two before the unauthorized charges were made or she would really be in a serious financial bind, she said.

On her First Niagara card, fraudsters tried placing charges in Texas and Wisconsin, but First Niagara rejected the charges. Still, she has to wait up to 10 days for a new card in that account.

She also had to cancel her direct deposit for her paychecks on her primary bank account and request paper checks from her employer until her bank accounts are re-secured.

The main reason she contacted The Batavian, she said, is she thought people should be warned these kinds of scams can take place locally.

"I had heard about this on the news last year, but you never think it would happen to you in a small town like Batavia," she said.

Accident blocking Lewiston Road and West Main Street

By Howard B. Owens

A two-car accident is reported at Lewiston Road and West Main Street.

Law enforcement is on scene, reporting no apparent injuries, though air bags were deployed.

The accident is blocking.

Town of Batavia fire dispatched.

UPDATE: One patient was transported to UMMC with minor injuries.

Last night's barn fire reportedly rekindles

By Howard B. Owens

Pavilion Fire Department is requested to the scene of 11304 Starr Road, the location of last night's barn fire, for an apparent rekindle of the fire.

UPDATE 8:10 a.m.: A chief on scene reports a couple of hot spots have flared and only one engine is required to deal with the situation.

UPDATE 8:45 a.m.: Pavilion fire is clear the scene and back in service.

Family members say Jason Lang is doing much better with bath salts harder to get in Batavia

By Howard B. Owens

Jason Lang, the local businessman who caught got up in using bath salts and still faces some criminal charges that appear to stem from his use of the chemical substances, is doing much better, according to family members.

Lang appeared in Town of Batavia Court on Tuesday, which is a big step forward from July 17, when he didn't make it for a scheduled appearance, but did meet with reporters in the court parking lot minutes after his attorney left the facility.

Observers at the courthouse said Lang looks much healthier and his mother and sister say his mental outlook and demeanor have improved.

Today's court appearance was to answer to charges stemming from an alleged phone call he made to the owner of 400 Ellicott Street attempting to convince the landlord not to rent to The 420 Emporium. Lang allegedly posed as a State Police investigator and said the 420 sold synthetic marijuana.

The case was continued until 3 p.m., Tuesday, Sept. 18.

In the weeks following his alleged impersonation, Lang's name or his home address came up several times in calls on the police scanner for incidents that give the appearance of being related to bath salt use, including a report of Lang saying he heard gun shots at a local hotel. For that call, Lang was eventually charged with filing a false report and harassment, 2nd.

Since the last week of July, there have been no reported bath salt related calls connected with Lang's name.

Lang's mother, Nicole, said today that since the 420 closed, her son has not been using bath salts.

"He’s doing pretty good," Nicole Lang said. "He’s doing a lot better than he was doing. Now that the emporium is shut, I think it’s made a big difference."

Brandi Smith, Lang's sister, agreed.

She said in recent weeks, she's been able to talk with her brother on a daily basis, something they used to do but stopped doing for the time Lang appeared to be using bath salts.

Jason Lang has been going to daily sessions at GCASA, she said.

"The other day I drove past GCASA and I saw his car parked out front and it just brought a huge smile to my face to know that he’s going every day and he’s getting help," Smith said.

"Bath salts" is a generic media term for a class of substances that are sold under a broad range of product names and claims but when consumed cause stimulation, euphoria, hallucinations along with paranoia, agitation and fear.

The substances, meant to mimic drugs that were already outlawed, can also be highly addictive.

At one time, Jason Lang owned the Batavia Cab Company and the Laughing Buddha.

Lang has previously admitted to selling both bath salts and synthetic marijuana at the buddha.

Both companies went out of business about the time it became public knowledge that Lang was getting into trouble with the law.

During the seeming height of Jason Lang's contact with local law enforcement, Nicole Lang went to The 420 Emporium at 400 Ellicott St., Batavia, and demanded employees stop selling bath salts to her son.

She was convinced if it continued, her son wouldn't survive.

On Tuesday, prosecutors dropped the trespass charge against Nichole Lang stemming from that confrontation at the 420.

A couple of weeks after the confrontation, the 420 was raided by the DEA and its doors have been closed since.

The raid and the increased awareness about the dangers of bath salts, Smith said, have been a good thing for the Batavia community.

"It has really helped our community," Smith said. "Like I said, it’s harder for these people to find it and it pushes them to get clean quicker. Overall, I think our community is doing much better."

In general, Smith said, her brother's outlook has improved, he's much less paranoid -- though some paranoia lingers -- and he has a better grasp on reality.

She said it's good to have her bother back.

With the Lang family getting so much media attention in July, Gov. Andrew Cuomo's office invited Smith to be part of his press conference in Buffalo earlier this month to announce new penalties in New York for the possession and sale of "bath salts."

Smith said it was a real honor to be included and get a chance to share with people about what the now-banned substances have done to her family.

"Unfortunately, we’ve had to live through it, but it has been a learning experience," Smith said. "I’m thankful for each person that I can maybe give some advice to and help them because we have been through this. Unfortunately, we had to live through it but I think by going through it, it makes us stronger and we’re able to help more people."

Batavia man accused of DWI after fiery crash in Orleans County

By Howard B. Owens

A Batavia man who escaped a fiery crash unscathed Sunday night in Orleans County is facing DWI charges.

Keith Stevens, 57, reportedly crashed his vehicle on South Holley Road after failing to negotiate a curve.

His Pontiac Grand Prix caught fire after the car hit a sign, a utility pole and a tree.

Stevens was uninjured, but will appear in Clarendon Town Court on Sept. 10 to answer to the charges.

(via WBTA)

Caller reports two children left in car while dad walks into casino

By Howard B. Owens

A caller reports that two children, about ages 8 or 9, have been left in a red BMW in the Batavia Downs parking lot while their father -- or presumed father -- has walked into the casino.

A deputy is responding.

UPDATE 1:42 a.m.: It was a tow-truck driver who made the initial report. The driver did not initially see that mom was also in the car. All three people, mom and the two children, were sleeping under a blanket in the car.

Passerby spots barn fire in time to save 37 head of cattle

By Howard B. Owens

A passerby who spotted the early stages of a barn fire on Starr Road in Pavilion on Tuesday night might have helped save 37 head of cattle.

Two sons of the farm owner were able to get the cattle out of the barn before it was engulfed in an inferno that consumed the entire structure.

Pavilion Fire Chief Paul Dougherty said the main structure of the barn was fully ablaze by the time the first firefighters arrived on scene just minutes after the initial call at 8:18 p.m.

The heat was so intense it was already starting to melt the vinyl siding on a house at least 100 yards away from the barn.

The command post for the fire, situated on a mowed grass area across the road from the fire, had to be moved back twice because of intense heat.

"With that much fire load going, the wood and combustibles all burning at once -- plus the the fact was a metal-sided building, which contains the heat until it burns through, and then once it does burn through it all comes out at once – it throws a lot of radiant," Dougherty said.

The barn was on the Kelkenberg Farm and Dougherty said the owners were "very lucky" the fire was discovered when it was. That portion of Starr Road, Dougherty noted, is lightly traveled in the late evening.

There is no public water in that part of Pavilion (as is the case with most of the Pavilion Fire District) and because of the low precipitation totals over the past year, the two closest water sources didn't have sufficient water to help fill tankers to fight the fire.

Firefighters had to fall back on slightly more distant secondary water supplies, but Dougherty said that since the fire spread so quickly after its intial discovery, even a good water supply wouldn't have helped save the structure.

Fire companies from three counties responded to the fire.

There was no saving the barn, Doughety said.

"At that point our big concern was keeping primary power lines cool so they didn’t drop in the road because that would have been dangerous for everybody on both sides, and then protecting the house," Dougherty said.

At 12:20 a.m., firefighters are still on scene. No cause of the fire has been released. The Sheriff's Office will likely release an initial report on the fire by the morning and we'll update this story with any additional information or details when they become available.

UPDATE 10:09 a.m., Wednesday: The cause of the fire has not been determined and remains under investigation, the Sheriff's Office said today. Investigators do not believe there was any foul play. The structure is described as four connected wood-framed barns and buildings. The main barn was fully engulfed in flames when the first units arrived on scene. Mutual aid companies included Le Roy, Stafford, Bethany, Alexander, Warsaw, York, Leister, among others. The initial 9-1-1 call was made by Craig Green. According to a source, Dave Tillotson was also a first witness and helped with rescuing the cows.

(Initial Report)

Defense attorney says he's ready to tell Jacquetta Simmons' side of the story to jury

By Howard B. Owens

So far, according to attorney Earl Key, Jacquetta Simmons, the 26-year-old Batavia woman accused of hitting a 70-year-old Walmart employee on Christmas Eve, hasn't had a chance to tell her side of the story.

"There's only been one side of the story up to this point reported in the media," said Key following the completion of jury selection in the Simmons case. "Our side will come out in the courtroom, not the media."

Simmons is facing one felony count of assault in the second degree with an accusation that Simmons struck a person 65 years or older while being at least 10 years younger than the alleged victim.

Simmons is accused of striking Grace Suozzi, who was working as a cashier the afternoon of Christmas Eve when she reportedly asked Simmons and her brother to produce a receipt for items in a bag her brother was carrying.

During jury selection, District Attorney Lawrence Friedman asked each prospective juror about their attitudes toward employees who ask customers to show receipts before leaving a store.

Today, one juror, who said he came into the court yesterday with no prior knowledge of the case, told Friedman that what he gathered from prior questioning of prospective jurors was that the defendant had been profiled on Christmas Eve based on her race. He said he disagreed with the practice and, after admitting he couldn't be an impartial juror, was dismissed.

Eight jurors were picked yesterday, and the final four plus three alternates were chosen today.

Yesterday during jury selection, prospective jurors were closely questioned about racial attitudes.

Today, there were few questions about race and none from defense attorney Ann Nichols, who today handled jury questioning for the Simmons team.

After court, Key reiterated that he doesn't believe the case is about race and he isn't concerned with presenting the case to an all-white jury.

"I've tried cases with an all-white jury before," Key said. "I've had black jurors convict black defendants and white jurors acquit black defendants. I don't care what color you are, so long as you're fair and impartial."

Key said all the talk about race being a factor has been in the media; it's not part of his case. Nichols added that most of the race talk around the case has been from readers leaving comments on stories on various news sites.

To the degree that race plays a factor in the case will hinge on a seemingly racially charged statement Simmons allegedly made during the confrontation.

Assistant District Attorney Melissa Cianfrini revealed the alleged statement during a hearing July 30 when arguing whether Simmons had intended to cause serious physical injury to Souzzi.

Proving intent of serious physical injury was a key part of count one of the grand jury indictment, the Class D felony of assault in the second degree, but last week Judge Robert C. Noonan ruled there was insufficient evidence to sustain the charge.

"... the evidence before the grand jury of serious physical injury was not overwhelming and established only that the victim approached the defendant and the defendant withdrew from the confrontation after throwing the punch," Noonan wrote in his decision. "The grand jury could not have reasonably inferred from such evidence that the defendant acted with the culpable mental state of intent to cause serious physical injury."

With that second-degree assault charge no longer being presented to the jury, and no requirement to prove intent to cause serious physical injury, it's unknown if the jury will even hear the alleged statement by Simmons.

Under count two of the indictment, which Noonan upheld, the prosecution need only prove intent to cause physical injury.

After count one was reduced to a Class B misdemeanor, assault 3rd, Friedman moved to have the charge dismissed and try only count two.

The trial begins at 10 a.m. Wednesday. The 12-person jury is comprised of 10 women and two men and the three alternates are women.

Key said with all the media attention the case has gotten, the past several months have been stressful for his client. She dropped out of college, Key said. She's seen ugly comments left about her online, especially on Facebook, he said, and Nichols added that she's received hate mail at home.

"She's taken it all in stride," Key said. "She's looking forward to us putting her side of the story in front of a jury."

Photo: Simmons leaves the Genesee County Courthouse during the lunch break with Nichols while a WHAM 13 cameraman photographs her, and a member of the defense team finishing hold the courthouse door.

Trespass charge dropped against mother who protested bath salt sales

By Howard B. Owens

Accused of a trespass violation, Nicole Lang entered Batavia City Court today with hands trembling, nervous about her pending case but adamant she did nothing wrong July 11 when she was accused of trespassing at The 420 Emporium.

Lang went into the store and accused an employee of selling bath salts to her son, Jason Lang.

Because police believed Lang had been ordered from the store and chose to reenter, she was given a citation for alleged trespassing.

Today, Judge Michael Del Plato, on the recommendation of the District Attorney's Office, dismissed the charge with the stipulation that Lang not be re-arrested within the next six months.

Lang has no prior criminal history.

Outside court, Lang said she was very happy about the turn of events.

Del Plato also issued an order of protection, requiring Lang not to have contact with the employee who filed the trespass complaint, Joseph Wesley.

The 420 Emporium was raided by the DEA on July 25 and has not opened its doors since. The location at 400 Ellicott St., Batavia, is apparently owned or co-owned by Joshua Denise. Denise was arrested during the DEA raid.

Jason Lang, the onetime owner of the Laughing Buddha on Ellicott Street, is scheduled to appear in Town of Batavia Court today on charges related to his alleged attempt to call the 420's landlord and suggest he was with the State Police and warn the property owner that the 420 allegedly sold synthetic marijuana.

We'll have an update on Jason Lang later today.

Twelve jurors selected for Simmons trial, but no alternates named yet

By Howard B. Owens

Twelve Genesee County residents have been selected to serve on the jury of the Jacquetta Simmons case.

A pool of potential jurors are being drawn for consideration as alternate jurors. The potential alternates will be interviewed after the lunch break.

Simmons is being tried on a single count of assault in the second degree with an accusation of being more than 10 years younger than the alleged victim who is over age 65.

The 27-year-old Batavia woman is accused of hitting a 70-year-old Walmart cashier on Christmas Eve.

UPDATE 3 p.m.: Three alternate jurors have been selected. The jury is comprised of 10 women and two men. The three alternates are women. Judge Robert C. Noonan is delivering instructions and the trial will start tomorrow.

New policy at Darien Lake gets passing grade at first concert without pedestrian access

By Howard B. Owens

Though it was a smaller, older crowd for the Def Leppard/Poison show at Darien Lake on Friday, the first test of cutting of pedestrian access to the concert venue went well, according to Deputy Chief Gordon Dibble.

There was only one open private parking lot on Sumner Road on Friday, Dibble said, and there was only one issue with people trying to walk onto Darien Lake property for the concert.

"I think it went very well," Dibble said.

With the private lots mostly empty, Dibble said, and without much pedestrian traffic on both Employee Road and Sumner Road, it was much easier to get traffic out of Darien Lake's lots after the concert, Dibble said.

"We got traffic out of there in record time," Dibble said.

He hopes the experience bodes well for the Jason Aldean concert Saturday, which is sold out and will have close to three times the number of cars in the parking lot.

The only private lot open Friday, Dibble said, was Cherry Hill Campground.

One family tried to access the venue on foot at the Employee Road entry on Sumner Road, Dibble said, and one of the people in the group allegedly became disruptive when authorities would not let the group walk to the concert venue.

Sarah B. Blevins, 22, of East Bayard Street Extension, Seneca Falls, was charged with disorderly conduct and resisting arrest.

During her arrest, her parents allegedly interfered with the deputies taking her into custody.

Blanca Compton, 49, and Brian L. Compton, 46, both of Route 414, Lodi, were charged with obstruction of governmental administration, 2nd, and disorderly conduct.

Dibble wasn't present at the incident and isn't awre of whether the group had prior knowledge to pedestrian access being closed for the concert.

Man succombs to injuries following one-car accident on Shanks Road, Alabama

By Howard B. Owens

The Sheriff's Office is investigating a Monday evening accident in the Town of Alabama that claimed the life of a 64-year-old resident of Akron.

Stanley J. Myka, of Bloomingdale Road, was pronounced dead at UMMC after the 2008 PT Cruiser he was driving left the roadway on Shanks Road and struck a utility pole.

No cause for the accident has been determined.

The accident was reported at at 7:16 p.m.

Myka, who reportedly suffered head and internal injuries, was the sole occupant of the vehicle.

The investigation is being conducted by Deputy Patrick Reeves and Deputy Kevin McCarthy. Assisting at the scene were the Alabama Volunteer Fire Department, Indian Falls Volunteer Fire Department, Pembroke Volunteer Fire Department, Mercy EMS and Mercy Flight.

(Initial Report)

First eight jurors selected in case of Walmart customer who allegedly punched employee

By Howard B. Owens

The first eight members of the jury in the Jacquetta Simmons trial were selected today in an day-long session aimed at weeding out those who may not be able to fairly weigh evidence in the case.

Local and regional media coverage of the 27-year-old Simmons, who allegedly punched a 70-year-old employee of Walmart on Christmas Eve, has been intense and each prospective juror was asked how he or she found out about the case.

Jurors who read about the story in print and online and admitted to drawing a conclusion about the guilt or innocence of Simmons didn't make the cut.

The eight selected, along with most of the remaining prospective jurors -- 12 must be selected, plus alternates -- either hadn't heard about the case prior to today or had minimal media exposure, such as hearing or seeing a broadcast report in December.

While District Attorney Lawrence Friedman and defense attorney Earl Key quizzed prospective jurors about media coverage, they also focused on issues ranging from how views on race might impact their ability to weigh the evidence and whether they had any other conflicts of interest.

The jury selection process began at 10 a.m. with 73 prospective jurors from throughout Genesee County. The first 18 were seated in the jury box in a random drawing. Judge Robert C. Noonan then quizzed jurors about their prior knowledge of the case.

While some jurors disclosed prior knowledge and made-up minds, they weren't asked immediately to leave the jury box during the morning session. All were eventually dismissed however. In the afternoon, after the first eight jurors were sworn in, Judge Noonan began dimissing prospective jurors as quickly as they expressed any sort of fixed bias in the case.

After the first eight were chosen, the other 10 remaining in the jury box were dismissed and a second group of 18 were seated. By 5 o'clock, there were 18 men and women in the box who expressed no obvious bias or conflict of interest and that was how the day ended.

In the morning session, with the initial group of prospective jurors, Friedman and Key questioned the group and individual jurors.

Friedman started off by asking questions about the ability of jurors to weigh evidence based on what was presented in court, without any outside influence, and whether they could fairly judge circumstantial evidence. He asked whether jurors could recognize truth from falsehood, and more specifically, how they might judge intent, and if they've had experiences, pro or con, with store employees asking to review a receipt for purchases.

In order to win a conviction, the prosecution must is prove Simmons intended to seriously injure the alleged victim.

Simmons is also the first person in Genesee County charged under a two-year-old New York law which makes it a more serious violent felony for a person more than 10 years younger to hit a victim 65 years of age or older.

Friedmen asked prospective jurors if they had any objection to such a law and none present did.

Then the DA wanted to know if each prospective juror could make his or her decision based on the facts and evidence in the case, with no bias based on race -- the defendant is black and the alleged victim is white.

All prospective jurors, which at this time included one African-American man, said race would not be a factor.

Key also asked questions about weighing evidence fairly, and just before asking his first race-related question, he wanted to find out if any of the jurors might succomb to peer pressure.

He asked a female juror, "If (the African-American prospective juror) absolutely believes my client is absolutely guilty and you don't, will you cave in?"

The woman said she wouldn't.

Key, then said, "I don't don't expect this case to be about race whatsoever, because it will be decided on the facts of the case, but would you tend to one side or the other because of race?"

Key, whose courtroom demeanor is affable and even jocular at times, wanted to know if any jurors harbored racial bias.

"I've had people tell me they don't like black people and it's absolutely fine," Key said with a broad smile. "Just don't come over to my house."

Nearly all of the prospective jurors laughed. None revealed any sort of racial bias.

Race could be a factor in the case because Simmons allegedly made racially charged comments during the encounter with alleged victim Grace Souzzi.

By the afternoon, the lone black in the prospective jury pool had been sent home with no explanation given for his dismissal.

After the hearing, Key said he didn't want to comment on the jury selection while the process was ongoing. He also said "I don't want to try the case in the media," and that everything would be clear after opening statements.

In all, more than two dozen prospective jurors were dismissed after revealing they had read about the events either in print or online media and formed an opinion based on those reports.

Fewer than a half dozen of the 60 or so prospective jurors hadn't heard of the case at all prior to today.

The Batavian first broke the story of a person hitting a Walmart employee on Dec. 24 and first reported the arrest of Simmons on Dec. 25.

Other regional media outlets started reporting the story on Dec. 26. Many of the prospective jurors who hadn't followed the case closely said they first heard about the case on television, radio or read it in a newspaper around that time.

As the proceedings concluded today, there are 18 prospective jurors in the jury box and 14 in the gallery whose number hasn't been called yet.

Jury selection resumes at 10 a.m., Tuesday. Once the panel is selected, Noonan will spend about an hour on jury instructions and then the defense and prosecution will offer opening statements.

CLARIFICATIONS: While no explanation was given for the dismissal of the prospective African-American juror, that procecure applies to numerous other prospective jurors who were dimissed for cause or as part of either defense or prosecution challenges. The point we meant to make is that while it was clear why several of the prospective jurors were dismissed, we don't know the reason this (as with several others) juror was dismissed. Also, the prosecution needs only to prove intent to cause physical injury. Simmons is being tried on a single charge of assualt, 2nd, being a person 10 years younger against a person over age 65. The original charge of assault, 2nd, was reduced to assault, 3rd, (a misdemeanor) by Judge Noonan. Following the ruling, the prosecution moved to dismiss the assault, 3rd, charge.

Photo: Winners of Punt, Pass and Kick competition

By Howard B. Owens

Over the weekend, Genesee County children had the opportunity to compete in the NFL's Punt, Pass and Kick competiton.

Among the girls (by age group), winners were: 6-7, Lily Martin, 32’11”; 8-9, Riley Martin, 99’9”; 12-13, Briana Janes, 164’3”. Boys: 6-7, Jonah Martin, 17’; 8-9, Ethan Taylor, 156’8”; 10-11, Noah Martin, 133’6”.

Winners in each age group may elect to participate in the Sectional Competition, Nov. 11 at the Buffalo Bills practice facility in Orchard Park.

Photo, submitted by Steve Fancher: Front row, left Riley Martin, Lily Martin; back row, left Briana Janes, Ethan Taylor, Noah Martin.

Gillibrand announces $200K USDA grant for secondary road at ag park

By Howard B. Owens

Press release:

U.S. Senator Kirsten Gillibrand today announced a federal grant worth $199,821 for a secondary access road at the Genesee Valley Agri-Business Park.

The funding is allocated through the USDA’s Rural Business Enterprise Grant program, and is being awarded after Senator Gillibrand toured the nearly finished Alpina Yogurt facility and called for more federal investments in infrastructure at the ag-park in Batavia.

“This is an important investment that can help attract more businesses to the Genesee Valley ag-park, and support more jobs right here,”Senator Gillibrand said.

“I know the potential the ag-park has to help local businesses grow and be a major economic driver for the region. Investing in transportation infrastructure is one of the fastest, most effective ways to create new jobs now, and lay the foundation for more jobs to come.”

In September 2011, Senator Gillibrand helped secure an additional $58,000 from USDA Rural Development for initial infrastructure upgrades at the agri-business park, including expanding existing roads and utilities.

Senator Gillibrand also brought a USDA official to Batavia in April 2012 to tour the Genesee Valley Agri-Business Park and hear firsthand from local leaders about the need for federal investments to grow this critical industry for the region.

In addition to the USDA, Senator Gillibrand has been active in pushing for federal funds through the U.S. Economic Development Administration to complete infrastructure improvements at the ag-park.

The federal grant funding will be used to design, engineer and construct a secondary access road at the ag-park, a key component of a range of planned infrastructure improvements, including the construction on an aquifer that is required by food processors.

Muller Quaker Dairy, an international yogurt producer, and Alpina Foods would greatly benefit from the completion of the aquifer and would contribute to an increased investment in Genesee County.

Upon the completion of the infrastructural improvements to the Ag-Park, Muller Quaker Dairy would be able to complete a $206 million yogurt manufacturing facility that they expect could generate approximately 186 jobs in the near-term, with the ability to create up to 600 jobs in the long-term. Alpina also expects to be able to create approximately 50 new jobs as a result of finishing the construction.

Law and Order: Man arrested after short foot chase with police

By Howard B. Owens

Brett R. Doward, 26, 411 W. Hickory St., East Rochester, is charged with obstructing governmental administration, 2nd, criminal possession of a controlled substance, 7th, and possession of a controlled substance not in it original container. Following a report at 12:06 a.m., Sunday, of a disturbance on Hall Street, Batavia, Batavia PD received the description of a person allegedly involved and the vehicle he allegedly used to leave the scene. Officer Jason Ivison spotted a vehicle matching the description on Ellicott Street. The vehicle fled and pulled into a driveway on Liberty Street. Doward allegedly jumped from the vehicle and ran. After a short foot pursuit, Doward was taken into custody. Doward was released on an appearance ticket. BPD was assisted by the Sheriff's Office and State Police.

A 17-year-old resident of North Main Street, Perry, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Jeremy Dean Lyons, 27, of Judge Road, Oakfield, is charged with criminal mischief, 3rd, unauthorized use of a motor vehicle, 3rd, aggravated unlicensed operation, 3rd and unlicensed operation. During a domestic dispute with his girlfriend, Lyons alleged damaged property and then allegedly took a vehicle without permission and drove the vehicle on a suspended license.

Jeremy Dean Lyons, 27, of Judge Road, Oakfield, is charged with criminal contempt, 2nd. While housed in the Genesee County Jail, Lyons allegedly violated an order of protection by contacting the protected party.

Terri Marisa Doctor, 33, of Council House Road, Basom, is charged with DWI. Doctor was taken into custody on a Town of Pembroke warrant issued in November 2012 for allegedly failing to pay a fine on a DWI convictions. Doctor was jailed on $1,500 bail.

Spencer Todd Grimes, 18, of Goodrich Street, Albion, is charged with trespass. Grimes is reportedly a former employee of Darien Lake who was accused of stealing and barred from the property. Grimes was allegedly on the property Saturday morning.

Nicholas Lamont Santos, 19, of Gillette Road, Albion, is charged with trespass. Santos is reportedly a former employee of Darien Lake who was accused of stealing and barred from the property. Santos was allegedly on the property Saturday morning.

Randy Lee Ridd, 55, of Swamp Road, Byron, is charged with grand larceny, 4th, and trespass. Ridd is accused of trespassing on the property of a business in Bergen and stealing metal plates. Also charged was Corretta Melissa Pitts, 44, of Swamp Road, Byron.

Brandon Monteleon, 20, of 57 Church St., Le Roy, is charged with criminal obstruction of breathing or blood circulation and harassment. Monteleone was arrested following an alleged disturbance on Church Street between the defendant and another individual.

Daniel S. Platt, 31, of 53 Lake St., Le Roy, is charged with criminal obstruction of breaking or blood circulation and one count of unlawful dealing with a child and harassment, 2nd. Platt is accused of placing his hands around the neck of a victim, causing difficulty breathing. He's also accused of serving alcohol to a person under age 21.

Andrea M. Gray, 34, of 14 Lake St., Apt. #2, Le Roy, is charged with harassment, 2nd, and reckless endangerment, 2nd. Gray reportedly had an argument with an acquaintance on Lake Street. Gray allegedly pushed the victim, causing the victim to fall backward. The victim's head struck a driveway. Gray is also accused of sitting on the victim and pulling the victim's hair. Gray was jailed on $1,000 bail.

Photos: East Pembroke Mud Races

By Howard B. Owens

Ed Woods attended the Mud Races hosted by the East Pembroke Volunteer Fire Department on Saturday and provided us with these photos.

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