batavia

Rocco A. Ballacchino, 53, of Red Jacket Parkway, Buffalo, is charged with grand larceny, 4th. Ballacchino is accused of stealing $1,267 worth of flooring from the Home Depot in Batavia. Ballacchino was arraigned and held without bail.

A 17-year-old resident of River Street, Batavia, is charged with unlawful possession of marijuana. The youth was stopped on River Street at 9:25 p.m., Thursday, by Deputy Patrick Reeves.

City fire and Mercy EMS have been dispatched to an address on Liberty Street where the residents report an unknown type chemical smell.

Two people are reportedly feeling ill.

Law enforcement was also dispatched.

UPDATE 8:24 a.m.: Complaint apparently unfounded. All units back in service.

Officials with Western Regional OTB, Batavia Downs and invited guests were in Rochester today for a ribbon cutting and unveiling of the work done so far on the new marquee signs for Batavia Downs.

The work is being completed by Premier Sign Systems.

Ryan Hasenauer, director of marketing for Batavia Downs, provided the pictures.

The smell of smoke coming from a dryer is reported at 161 Bank St. City firefighters are on scene and report there's nothing showing. The dryer is in the downstairs unit, which has been evacuated.

UPDATE 7:42 p.m.: Firefighters determined the complaint to be unfounded. They are returning to service.

A man who resides on the fourth floor of Washington Towers told dispatch he was "jumped at Austin Park" and police are going there to interview him about his complaint.

The senior housing complex is located at 1 State St. in the City of Batavia, adjacent to the park.

Several calls have been made to dispatch in recent weeks complaining of fights and other distrubances at Austin Park.

The attorney for Jacquetta B. Simmons, the 26-year-old Batavia resident accused of assaulting a 70-year-old Walmart employee on Christmas Eve, is challenging the constitutionality of one of the laws used to charge his client.

Earl Key, a Buffalo attorney, filed a motion May 31 seeking dismisal of count two of the criminal indictment, which alleges assault in the second degree on a person 65 or older. Key's motion states that the relatively new law on which the count is based violates Simmons' rights under the 5th and 14th amendments of the U.S. Constitution.

Key was scheduled to appear in Genesee County Court today to argue his motions but according to his assistant attorney, Ann Nichols, Key was too sick to appear and she asked that the case be continued until next week.

The continuance benefits Key's case, because according to court discussion between Assistant District Attorney Melissa Cianfrini and Judge Robert C. Noonan, Key did not notify the Attorney General's Office of his motion challenging the constitutionally of the law, as required by court procedure.

Noonan said if Key had appeared today, he likely would have dismissed the motion due to the insufficiency of notification of the AG's office.

Simmons is accused of hitting Grace Suozzi, who was working as a checker at Walmart on Christmas Eve, after the 70-year-old reportedly asked to see the contents of a bag being carried by Simmon's brother. An argument reportedly ensured and according to witness accounts, Simmons allegedly punched Suozzi, breaking bones in her face.

In April, Simmons was arraigned on one count of assault in the second degree and one count of assault in the second degree on a person age 65 or older, making her the first person in Western New York charged under the relatively new statute.

In his written motion, Key argues the statute is unconstitutional because:

• There is no legitimate state interest in affording a higher level of protection to a class of citizen based solely on age;
• The law requires the defendant have knowledge of the victim's age, and a defendant would have know way of knowing a victim's age at the time of the assault;
• The statute is unfair and unreasonable because it elevates "an otherwise garden variety assault" from a Class A misdemeanor to a Class D felony;
• The law is "arbitrary and capricious" in affording a person age 65 and older protection not afforded a person age 64 or younger.

According to Cianfrini's written response, prior case law establishes that legislative acts are presumed to have a legitimate state interest unless clearly shown otherwise, which, she argues, Key did not do.

She wrote that the legislative intent is clearly spelled out in the bill's supporting documents and that the state lawmakers had concerns about protecting the elderly "who are particularly susceptible to crimes as a result of their age."

"Specifically," she wrote, "the legislative history reveals that the statute was enacted because 'seniors are generally more vulnerable to injury and less able to protect themselves from younger persons.' "

Cianfrini also countered Key's point on the defendant's intent and need to know the victim's age, saying the law clearly spells out that the victim only meet the age requirement, not that the defendant know the age of the victim.

Legislative history in fact says legislators expected that "there is no requirement that the prosecutor prove the defendant knew or had reason to know the victim's age."

Simmons is scheduled to reappear in court at 3:15 p.m., June 27, for a hearing on Key's motions, which also include standard pre-trial motions related to the sufficiency of the grand jury indictment and evidence.

Abby Saville, working for The Enchanted Florist, holds sunflowers at the Downtown Public Market, located at the corner of Center and Eillicott streets, Batavia.

The Enchanted Florist is one of a few new businesses participating in the market this year.

The market runs from 9 a.m. to 3:30 p.m. every Thursday from now through Sept. 27.

It features locally grown produce, handcrafted goods and, of course, flowers.

A truck driver was injured in an overnight crash on the Thruway and transported by Mercy Flight to an area hospital.

The accident was reported at about 12:30 a.m., according to a dispatcher, about five miles east of Exit 48, which is in the East Pembroke Fire District. Town of Batavia also responded mutual aid. Both fire companies were back in service by 1:30 a.m.

The driver's name has not yet been released.

He was transporting a load of bananas.

The accident is being investigated by Troop T of the State Police.

Tonight, the Batavia Concert Band kicked off its series of free concerts at Centennial Park with a show of a collection of British melodies, marches and concert favorites conducted by Brad Meholick.

When Kathy Kuss signed up to sponsor a Haitian child through the International Child Care Ministries five years ago, she had no way of anticipating the earthquake that would soon hit the island nation and its horrific consequences.

After the disaster struck, she received bad news: her sponsored child and the girl’s family were missing. The family was eventually discovered, safe and sound. However, the storm was not over yet — for the Haitians lucky enough to survive the earthquake and the subsequent hurricanes, the real horror had just begun.

Many had been rendered homeless by the natural disasters, and the lack of clean water was rapidly killing off people by the thousands, the majority of them children. It was upon hearing about these tragedies that Kuss, a Batavia hair salon owner, decided something had to be done—thus, “Haircuts for Haiti” was born.

“(The disaster) was all over the news and it was very frightening,” she says. “What I kept reading was that the water situation was so disgusting. There was no water there. I kept thinking, ‘What can I do to help?’ ”

The answer came to her in the form of an article about Sawyer Water Filters.

“There’s a lot of disease right now in Haiti that they have not seen for decades, like typhoid fever and dysentery, and the reason is because all this bacteria is in their water now,” she explains.

“That’s happening because people are not back into homes and there is no sanitation in place there yet, and disease bacteria is in the water again. This filter will actually take that bacteria out, and it will take out dirt and debris also. You get a clean glass of water.”

The filters that Kuss hopes to purchase will be sent to Haitian schools — or rather, what remains of them.

According to her research, “schools are particularly affected. ICCM sponsors children in Christian schools, and our sponsorships pay the fees for the children to go to the school and buy their lunches and books and education. When I was looking into this, they said that many of the schools had been demolished by the earthquakes. They were holding the schools in tents but there wasn’t any clean water for the kids.”

These lifesaving devises are, unfortunately, not free — each filter system costs $50. To raise enough money to send “many, many” filters to the children, Kuss has organized “Haircuts for Haiti,” an all-day fundraiser where people can get a haircut and make a donation.

This is Kuss’s first time organizing a “cut-a-thon,” but she has participated in one before and speaks highly of the experience:

“It’s really a lot of fun because obviously you have a large group of hairdressers and barbers. People love doing things like this because they really feel like they’re doing something to help.”

The 11 hairdressers and barbers will be at Northgate Free Methodist Church (located at 350 Bank St. Road in Batavia) from 10 a.m. to 4 p.m. Saturday, June 23  in the south campus gymnasium. A Sawyer Water Filter will be on display at the event.

If you are unable to attend but wish to make a donation, you can make a check out to Northgate Free Methodist Church with the memo line of “Sawyer Water Filter Fund” and send it to:

Northgate Free Methodist Church, 8160 Bank St. Road, Batavia, NY 14020.

A caller reported to dispatch that there is a vehicle parked at Wal-mart with two very young children inside and all the windows are rolled up. The vehicle is said to be in the first row of the grocery section nearest Veterans Memorial Drive. State Police are called to the scene.

UPDATE 6:27 p.m.: When they arrived promptly after receiving the call, officers could not locate the white Pontiac alleged to have the kids inside.

UPDATE 6:35 p.m.: Law enforcement is going to look for the vehicle at the address of the registered owner.

City firefighters are responding to a report of smoke coming from an electrical outlet at 21 Woodstock Gardens, Apt. 21.

UPDATE 6:05 p.m.: They are on scene, investigating. The location is the southernmost building in the back of the complex.

UPDATE 6:07 p.m.: City police are called in case traffic control is needed.

UPDATE 6:09 p.m.: A building inspector is called to the scene.

UPDATE 6:14 p.m.: The inspector's ETA is now roughly 15 minutes.

UPDATE 6:30 p.m.: The problem was determined to be an air-conditioner leaking water into an electrical outlet. To fix it, firefighters "eliminated the outlet." The city assignment is back in service.

Four subjects are reportedly swimming in the northeast corner of the pond at Dewitt Recreation Area off Cedar Street in the City of Batavia. Police are responding.

City firefighters will again volunteer their time this year to raise money for the Muscular Dystrophy Association in the annual "Fill the Boot" fundraiser.

Last year, area residents donated more than $7,100 and firefighters this year hope to top $8,000 in donations, which is more than double the state average for fire departments that participate in the campaign.

The fundraiser begins at 9 a.m. and runs until about 1:30 p.m.

Off-duty firefighters will be positioned on Ellicott Street and Main Street in the area of Court Street holding boots to collect donations from passersby.

The campaign is organized by IAFF Local 896 and co-chaired by Local President Greg Ireland and firefighter Jeff Stevens.

Photo: Stevens, left, with firefighters Dan Herberger and Dave Adams.

Press release:

There will be something familiar to everyone in the new full-gallery art installation coming to the Roz Steiner Art Gallery at Genesee Community College. "Documente: The Italian American Family Album" by SUNY Geneseo art professor Thomas MacPherson is a recreation of the interior home of an American immigrant family that includes original portrait paintings, as well as furniture, artwork and domestic artifacts authentic to the period and modified by personal experience.

"Documente: The Italian American Family Album" opens with an artist's reception at 4 p.m. on Saturday, July 14 and will remain in the gallery until Aug. 27.

"This exhibition is really a destination event," Gallery Director Shirley Verrico said. "MacPherson presents outstanding artwork to view, as well as multiple rooms to explore. Everyone will find something familiar within the installation, allowing them to connect with their own past, as well as with the experience of the artist."

The exhibit looks at life in an immigrant household during the 1940s, '50s and '60s through a series of rooms that capture the look and feel of "grandma's house," including:

• the kitchen with metal table and utensils;
• the dining room with table and antique china;
• a War Hero display off the dining room that has photos of the war experiences of two male relatives;
• the living room where visitors can contribute to the exhibit via a bulletin board;
• and grandma's bedroom with period furniture and a computer where visitors can see grandma talk about her life.

Visitors are also encouraged to explore drawers and photo albums to absorb the experience and make it feel like a peek into their own heritage.

MacPherson says each installation is unique "because of the manner in which it conforms to the physical space in which it is presented, and the continued addition of new paintings and furnishings."

The exhibit includes original portrait paintings arranged like artwork on the wall of a house. It also features a variety of interactive components including music, a video telling the story about immigrant assimilation, Italian foods and favorite family recipes viewers can take home.

During the summer, the gallery is open from 10 a.m. to 4 p.m., Tuesday through Friday. For more information about hours, visit the gallery Web site: http://www.genesee.edu/gallery/.

MacPherson holds an MFA in printmaking and drawing from the University of South Carolina, and a bachelor's degree in studio art from SUNY Oswego. He has earned numerous awards for both his artwork and his teaching, including the SUNY Chancellor's Award for Excellence in Teaching in 1999.

Local law enforcement officers believe they've ID'd the person in this photo, but he hasn't been taken into custody yet.

He is believed to be in the Batavia area right now, allegedly randomly hitting parking lots looking for unlocked vehicles. According to scanner chatter, he spends no more than five minutes in any one spot.

He is driving a dark blue Pontiac G5. It looks a lot like a Chevy Cobalt. The car has a small spoiler on the back.

The subject is wearing a knit ball cap with the cap curled. He is 6'2" and about 200 lbs. 

The number for Sheriff's dispatch is 585-343-5000.

Press release:

Western Regional Off-Track Betting Corporation, owner of Batavia Downs Casino, has today announced a strategic partnership of services with Saratoga Casino and Raceway and ebet Technologies, LLC. Subject to approval of the New York State Racing and Wagering Board, these two prominent New York State racing entities will be partnering in the launch of the new advance deposit internet wagering platform, www.BataviaBets.com.

“We felt very strongly that we should partner with a proven organization within New York State such as Saratoga,” said Michael Kane, CEO of Western OTB/ Batavia Downs. “This will work towards the betterment of wagering for our customers and be a great example on how we can work together within New York State to strengthen the horse-racing industry.”

Kane also added that support was acquired for SaratogaBets because of the platform’s proven success.

Western OTB’s unprecedented alliance with Saratoga Casino and Raceway is part of an effort amongst New York State racing entities to work together to create cost-effective revenue opportunities in today’s highly competitive pari-mutuel environment.

“We have experienced great success with www.SaratogaBets.com, our advance deposit wagering platform,” said Jamie Hartman, COO and executive vice president of Saratoga Casino and Raceway. “We’re thrilled to collaborate with eBet and Batavia Downs to institute this exciting wagering option in Western New York and to further promote increased support and interest in New York racing.”

BataviaBets is a free service allowing customers who sign up for an account to wager on pari-mutuel events via the internet in addition to wagering via the telephone. Focused on servicing local residents and guests who support Batavia Downs and the Western Regional OTB network, this convenient option gives access to customers who would like to place a wager, watch the races, or check results.

“We are excited to work with an organization like Batavia Downs to extend their brand while maintaining access and control of their customer base,” said Mark Gregory, chairman of eBet. "We’re focused on delivering new channels and incremental revenues for regional racetracks like Batavia.”