batavia

A crowd of people is reportedly standing around a maroon sedan in the parking lot of Walmart -- concerned with the welfare of a dog left inside with the windows barely cracked. Law enforcement is responding and there's another complaint like this pending at Target.

An accident involving a 54-foot pre-fab home being towed with a wide-load tractor-trailer is reported at the intersection of Main and Oak streets. The tractor-trailer has a broken axel and is up on the curb. The intersection is completely blocked. Police are on scene to control traffic. A heavy-duty tow truck will be required. "We're going to need a healthy supply of cones," says an officer.

UPDATE 2:50 p.m.: The tractor-trailer is being repaired on scene and is expected to be moved shortly, so the cones will not be needed. The mishap is completely blocking one lane on West Main Street in front of Hess Gas Station and part of the adjacent lane.

UPDATE 2:54 p.m.: The roadway is open.

A minor injury accident is reported downtown at the intersection of Bank and Main streets, Batavia.

City Fire Department and Mercy EMS are on scene.

One woman is complaining of back pain.

Former Batavia High School basketball player Jerry Smith is bringing blacktop basketball back to Williams Park with a 3-on-3 tournament June 30.

Williams said it's been a few years since the park hosted such tournaments, but he remembers them from his youth and thinks area players should get the same opportunity.

As many as 35 teams, or more, are expected to participate, coming from not just Batavia, Elba and Le Roy, but also Buffalo, Lockport, Perry, Medina and other towns in the region.

"It's some of the best competition around," Smith said.

The cost is $50 per team and teams can consist of as many as five players.

Registration begins at 8 a.m. and play begins at 9 a.m.

For more information, call Smith at (585) 993- 3342 or email him at honeybun11x@yahoo.com

Proceeds will benefit Franchise Basketball of Rochester, an Amateur Athletic Union team and help send the team to Las Vegas in July for a tournament. Local team members include Jalen Smith, Tommy Prospero, Justin Washington and Jered Thornton.

Photo: Jalen Smith, Justice Fagan and Josh Johnson.

Alexander J. Kessler is indicted on counts of criminal sexual act, 1st, criminal sexual act, 3rd, sexual abuse, 1st, endangering the welfare of a child and unlawful dealing with a child. Kessler is accused of providing a female age 17 or under with marijuana and alcohol, and then subjecting her to oral sexual contact without her consent and at a time she was unable to consent because she was physically helpless. The alleged conduct reportedly took place Feb. 25 and/or Feb. 26 in the Town of Le Roy.

Anthony J. Goulet is indicted on a count of assault, 2nd. Goulet is accused of injuring another person by hitting him with a beer bottle on June 15.

Thomas Hammerl is indicted on counts of falsifying business records and criminal purchase of a weapon. Hammerl is accused of attempting to purchase a J. Stevens single 12-gauge shotgun from Gary C. West of Sheard’s Antiques and Guns and falsely answering a question on a U.S. Department of Justice form ATF 4473 regarding his legal eligibility to purchase a gun. Hammerl is allegedly barred from owning firearms due to either a prior conviction or "some other disability which would render him ineligible to lawfully possess a firearm, rifle or shotgun in this state."

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.