A possible structure fire is reported at 33 Swan St., the old Wiard Plow building.

Only one caller reporting the possible fire.

City fire is responding.

UPDATE 4:28 p.m.(by Billie): City Engine 15 is back in quarters.

UPDATE 4:58 p.m.: A matteress was on fire when city firefighters arrived on scene. Firefighters gained quick entry to the building and put out the fire before it spread. A witness reported seeing a youth on a bicycle leaving the scene just before the smoke was spotted. Batavia PD is investigating the incident.

In a week or two, attorneys in the Jacquetta Simmons case will find out from Judge Robert C. Noonan whether two felony counts against the 26-year-old Batavia woman will stand.

Simmons is accused of punching a 70-year-old Walmart employee on Christmas Eve.

A grand jury indicted Simmons on felony counts of assault in the second degree, for allegedly hitting the victim with intent to cause serious injury, and a second count of assault, 2nd, charging Simmons with hiitting a person more than 10 years older who is also 65 years old or older.

A hearing today was scheduled for Noonan to consider the constitutionality of the so-called "elder abuse" law, but Noonan also asked the defense and prosecution to address whether sufficient evidence was presented to the grand jury to support count one of the indictment, the basic second-degree assault charge.

On the assult charge, attorney Ann Nichols argued that there is no evidence presented to the grand jury that Simmons intended to cause serious or permanent injury to the victim, Grace Suozzi, nor that Suozzi suffered such an injury.

"In the grand jury minutes, Ms. Suozzi does not say she was punched," Nichols said. "She says she was hit. She doesn't say she was punched until after Mr. (District Attorney Lawrence) Friedman uses the word punched in a question. I don’t see intent to cause serious physical injury being reliant on one punch, if it was in fact a punch, and Ms. Suozzi said herself it was just a hit."

There's no doubt, argued Melissa Cianfrini, assistant district attorney, that the "roundhouse" swing by Simmons was a punch.

Cianfrini described a surveillance video which she said depicted Simmons bracing her leg, winding up and taking a full swing at the victim.

"The punch was so powerful that it knocked her off her feet," Cianfrini said.

Simmons's intent was also clear from statements the defendent allegedly made before and after the alleged assault.

According to Cianfrini, Simmons last statement before allegedly hitting Suozzi was, "I'm not showing the fucking white bitch the receipt."

After the confrontation, with her male companion dragging her away, Simmons allegedly told another witness "you going to get it, too."

Cianfrini said, "That’s not a statement of someone who is acting in self defense. It’s not the statement of someone who regrets what she did. It’s the statement of somebody who knows fully what she did."

Outside of court, Nichols said the defense clearly has a different interpretation of events than Cianfrini and that she believes a jury will be able to fairly weigh the facts, even if the case appears racially charged.

"We have the video," Nichols said. "You can see the video for yourself. It’s more an interpretation. Unfortunately there’s no sound, but we can all kind of see on our own and infer what it depicts."

Nichols added, "I don’t’ really it (see race being a factor with the jury). Once anyone sees the video, white, black, Asian, whatever, you’re going to get an interpretation leaving race out of it."

On the issue of whether count two of the indictment, the elder abuse law, is constitutional, Nichols argued that the way the statute is written would require a defendent to know the victim's age at the time of the assault. 

"I argue there's no way Ms. Simmons could have known, based on how the law is drafted, that this is a strict liability crime and the fact the legislature chose to draft it so poorly is a violation of the due process of this defendant and other defendents," Nichols said.

Cianfrini noted that another court -- though the decision is not binding on this court -- has already ruled the law is constitutional on the same grounds, but added that the court should not just look to the letter of the law, but the legislative intent. Cianfrini said legislative notes and history clearly indicates the legislature meant the law to apply any time a person more than 10 years younger hits a victim 65 years or older.

Noonan did not give a specific time when his written decision will be issued.

Simmons will go to trial Aug. 20. She turned down a plea offer that would have given Noonan the option of sentencing her to prison time up to three-and-a-half years in prison. If convicted at trial, Simmons could be sentenced up to eight years in prison.

Toby Keith may like girls who drink beer, but when they come to his concerts at Darien Lake, those drinking beer better be at least 21 years old.

Last night a total of 225 young people found that out when they were issued citations in a joint effort involving the Sheriff's Office, State Police and Darien Lake security to crack down on underage drinking at the concert venue.

A checkpoint was set up earlier in the afternoon at the entrance to the park and at least a half dozen troopers were involved in issuing nearly 80 citations by 6 p.m.

The aggressive early enforcement, officials believe, contributed to quieter night with fewer arrests for rowdy behavior than is typical for a major country star's show at Darien Lake.

"What you’re seeing tonight is just a little more creative effort into ways to better to enforce (underage drinking)," said Bob Montgomery, general manager for the theme park. "We’ve worked hard this year and I think our arrests have almost doubled from what they were last year when they increased from whatever they’ve been in the past."

Throughout the evening, deputies talked about how fewer disruptive incidents they were being reported, almost with a level of amazement.

The show, after all, was Toby Keith, whose concert in 2011 had eight people arrested for alleged disruptive behavior.

On Sunday, only four people were taken into custody for what could be described as disruptive behavior.

Typically, as concertgoers try to exit the facility after a big country concert, police radio traffic is filled with hectic chatter of reports of fights in the parking lot, but last night only one "head-butting" incident was reported.

Sgt. Thomas Sanfratello, who usually heads up the concert law enforcement detail, thinks curbing underage drinking helped the situation.

"I think it's a direct reflection on the ABCs (citations)," Sanfratello said.

During the 2011 season, law enforcement issued 526 citations for alleged underage drinking.

Coming into Sunday's show, there had already been 353 citations issued. Add in Sunday's ticket writing and it brings the year's total to 578. 

The 2012 season is only half over.

As underage drinkers were found, if they had alcohol, they had to dump it out or dispose of it, including those stopped at the checkpiont.

One officer said he came across a group of young people in the parking lot minutes after they arrived. The group had to dump out several six-packs of beer and an unopened bottle of gin.

As a result of the enforcement effort, an official said that fewer people than usual were refused entrance to the concert for being overly intoxicated.

"We’re really pleased with what we’ve seen tonight," Montgomery said. "It’s definitely made a difference tonight by being preemptive, and by putting the fence up it will work only that much better."

The chainlink fence will stretch along a large portion of the Darien Lake property on Sumner Road blocking access to the concert venue for anyone who tries to walk in from a private lot.

For years, residents along Sumner Road have let people park in their yards and pastures for a fee.

On Aug. 24, Darien Lake will close pedestrian access to the venue from Sumner Road.

Of course, concertgoers will still be able to park in the private lots, if residents continue to allow it, but they will be required to either drive into the venue or walk around to the main entrance on Alleghany Road.

"We're very interested in creating a safe environment for all guests," said Gerald Rakestraw, VP of development for Darien Lake's owner, Herschend Family Entertainment. "Securing the park's perimeter is key because of the pedestrian issues and access for emergency vehicles."

Rakestraw has been working closely with Montgomery and his staff to come up with a plan to improve concertgoer safety and enjoyment, he said.

While some property owners had signs up Sunday indicating they will shut down their parking operations Aug. 24, others may continue to try and lure concert goers to their lots.

There has been some talk of lots offering shuttles to the front entrance, but Montgomery said Darien Lake won't allow drop-offs from such shuttles.

"A shuttle in also means a shuttle out, and that’s just not feasible," Montgomery said. "So we’re not going to encourage that kind of operation because it really doesn’t work."

Officials plan to do their best to educate the public prior to Aug. 24 about the changes and there will be conspicuous signage for anybody going to private lots that pedestrian access to the park from Sumner Road is not allowed, Montgomery said.

"They'll find when they get here that they can't access the PAC area," Montgomery said. "Certainly they (concertgoers) are welcome to do park there,  but they’ll find they won’t be able to walk down (to the concert)."

Getting traffic moving out of the parking lot swiftly is a key strategy to cutting down on altercations in the parking lot, officials said. When there's gridlock, tempers flare. On Sunday, the parking lot was cleared of nearly all cars by 1 a.m., about an hour ahead of the typical time for a concert attended by more than 16,000 people.

With all the emphasis on underage drinking Sunday, Sanfratello, along with other members of law enforcement, said he could see a big difference in the parking lots both prior and after the show. There were fewer masses of young people gathered around big piles of empty beer cans. There was less unruly behavior and after the show. There was a lot less trash dumped on the ground.

The security trailer where suspects are booked prior to to arraignment in Darien Town Court was a pretty quiet room for most of Sunday night.

One person was brought in and had to be placed in a restraint chair as he appeared to fight with deputies while laughing and bragging of his strength.

Two other young women were booked for allegedly giving false information about themselves while being cited for alleged underage drinking.

Rachel A. Johnson, 19, of Linwood Road, Le Roy, allegedly gave Sanfratello the names of a friend and of her sister before Sanfratello acquired her real name.

She was charged with two counts of criminal impersonation, 2nd.

At one point he asked her, "Was it worth the $1,000 fine instead of a $50 ticket?"

Then there was the case of a 16-year-old from Canada who was cited for alleged underage drinking. He was stopped on Employee Road and as he was being written up he started to freak out just a little bit, sure the citation meant the end of all of his hopes and dreams.

"You don't understand," he said. "I'm from Canada. It's not like the United States. I was going into the army. They won't take me now."

Because of his age, a deputy spoke to his mother and got permission for him to be released to the custody of his older girlfriend.

Only minutes later, the youth returned. He said he didn't know what to do. A deputy told him to go enjoy the concert, but he couldn't because his girlfriend had just broken up with him and went into the show without him.

The youth had to wait in the security area until 10 p.m. when his father arrived from Canada to pick him up and take him home.

While a Buffalo News reporter was at the show Sunday, officials hope more Rochester and Buffalo media pick up the story of increased law enforcement pressure to curb underage and problem drinking at shows. They also hope stories such as this get passed around on Twitter and Facebook.

The message officials hope sinks in for the public isn't that you can come to Darien Lake, have a good time and even drink a little. It's just that if you're under 21, you shouldn't drink at all, and if you're of age, drink responsibly.

"We want people to com and have a great time here," Montgomery said. "Our issue is when that good time starts to go a little overboard and disturb the quiet enjoyment of the other people at the show."

The Sheriff's Office press release of arrests and citations along with more pictures from Sunday are after the jump (click on the headline to read more):

A group of young ladies enjoying an apparent bachorlette party in the parking lot prior to the show.

A popular game in the parking lot prior to a concert is "Kan Jam," which is sort of a Frisbee version of horseshoes.

A suspect struggles with deputies while being placed into a restraint chair.

At about 8 p.m., the stack of paperwork for citations and arrests.

During "the dump," when most concertgoers leave, Employee Road is blocked by pedestrians heading toward the private lots, and cars stream out of the private lots tying up traffic on Sumner Road. Officials hope the new fence is put into operation Aug. 24, it will help keep Employee Road open and Sumner Road safer and with better traffic flow.

A Toby Keith fan who also had a good time in the theme park.

Fans who wanted their picture on The Batavian. It's a little out of focus, but the gentleman recently returned from a deployment in Afghanistan and is home on leave.

More fans who asked to get their picture on The Batavian.

For after-show entertainment, just stand along Employee Road and watch people try to cross the drainage ditch. The mud sucks people right in. Regular observers figure if anybody ever digs out the ditch they will find hundreds of thousands shoes, sandals and flip-flops lost their over the years.

Sheriff's Office press release:

Sean A. Kota, 19, of Byron-Holley Road, Byron, is charged with disorderly conduct and possession of alcohol under 21 after allegedly causing a disturbance on Employee Road and being found in possession of alcohol being under age 21. Kota was arraigned and jailed on $250 bail.

Curtis P. A. Kelly, 21, of Hennepin Circle, Niagara Falls, Ontario, Canada, is charged with trespass and resisting arrest after allegedly reentering the concert venue after being ejected and told not to return and then physically resisting arrest. Kelly was arraigned and jailed on $1,000 bail.

Megan E. Heywood, 19, of Genesee Street, Le Roy, is charged with false personation, disorderly conduct and possession of alcohol under 21 after allegedly giving a false age and blocking vehicular traffic on Employee Road. Heywood was also allegedly found in possession of alcohol under age 21. Heywood was arraigned and jailed on $200 bail.

Rachel A. Johnson, 19, of Linwood Road, Le Roy, is charged with two counts of criminal impersonation, 2nd, and possession of alcohol under age 21 after allegedly giving two different names when asked to correctly identify herself. Johnson was also allegedly found in possession of alcohol under age 21.

Adam J. Cole, 24, of Alpine Knoll, Fairport, is charged with unlawful possession of marijuana by State Police.

James J.  Drzewiecki Jr., 19, of Roycroft Parkway, Elma, is charged with unlawful possession of marijuana and possession of alcohol under age 21.

Ashley Brant-Hunter, 17, of Chapman Parkway, Hamburg
Rachel D. Anderson, 17, of Drayton Parkway, Hamburg
Alexandria A. Schultz, 18, of Sundance Trail, Lakeview
Houston D. Draper, 19, of Woodside Court, Holley
Chelsea L. Solina, 19, of Eastwood Street, Buffalo
Mason A. Pritchard, 18, of Huff Road, Hemlock
Emily R. Schwegzler, 17, of Federal Road, Livonia
Bianca R. Lowrey, 19, of Collamer Road, Hilton
Patrick Palyer, 19, of Cayuga
Jessica A. Wilkes, 17, of Parker Street, Auburn
Laura M. Tuffo, 19, of Cooper Drive, Hilton
Taylor M. Balbierz, 17, of Amsdell Road, Hamburg
Emilia Vibloum, 19, of South Abbott Road, Orchard Park
Joshua E. Escobar, 19, of Woodside Court, Holley
Adrianna R Ricci, 18, of Holleybrook Road, Brockport
William E. Szelazkewicz, 19, of Stahley Road, East Amherst
Megan L. Haberer, 19, of Webster Road, Orchard Park
Michelle A. Hahn, 19, of Lapp Road, Alden
Megan M. Tomasello, 19, of Ransom Road, Lancaster
Ellen M. Meyersage, 20, of Andover Lane, Williamsville
Jenessa N. Lucey, 20, of Sandhurst Lane, Williamsville
Danielle M. Giamcarlo, 19, of North Autumn, Williamsville
Jacquelyn M. Murrer, 20, of Kingsview Court, Williamsville
Patrick M. Wannamaker, 19, of Frankin Street, Williamsville
Maxwell G. Kahn, 19, of Chicory Lane, East Amherst
Mitchell S. Kyser, 20, of East Main Street, Westfield
Gregory F. Dimock, 20, of Hunter Lane, Williamsville
Bradley J. Moancelli, 19, of Bowers Road, Casadaga
William P. Barber, 20, of Elm Street, Westfield
Michael J. Mercurid, 17, of Creekview Drive, Hamberg
Travis T. Scida, 20, of Powers Avenue, Johansonburg, Pa.
Alexander N. Kotrider, 19, of West Master Drive, East Amherst
Angelo J. Caruso, 18, of Ashford Court, East Amherst
Ashley M. James, 19, of Armison Road, Filmore
Matthew M. Lates, 19, of County Road #27, Portageville
Jessica E. Smith, 19, of Bernard Street, Filmore
Cody J. VanBuskirk, 20, of Wiskey Mills, Filmore
Anna K. Rauber, 18, of County Road #46, Dansville
Hailey M. Sick, 18, of Franklin Street, Dansville
Alexander C. Cerbini, 20, of Whittier Road, Brockport
David F. Lyons, 17, of Barker-Schoolhouse Road, Hamlin
Alexa A. Banaszak, 17, of Newberry Lane, Lancaster
Kyle G. McCarthy, 20, of Gordon Avenue, Lancaster
Peter G. Wallace, 19, of County Road #36, Wayland
Mandy L. Oakes, 17, of West Lake Road, Geneseo
Jessica Mancini, 20, of Rutgers Road, Andover, Md.
Lauren E. Piluso, 19, of Helendeler Road, Rochester
Erinn S. Hopkins, 19, of Cohocton
Tyler A. Barber, 18, of Weinhart Street, Wayland
Joseph L. Meyer III, 18, of Ward Road, Wayland
Cody J. Lang, 18, of Depot Road, Springwater
Samuel A. Moyer, 18, of Hollywood Drive, Lockport
Anthony J. King, 18, of Hollywood Drive, Lockport
Brian K. Rotsoth, 20, of Main Street, Canton, Ohio
Kathleen A. Cougen, 20, of Washington Street, Bradford, Pa.
David S. Dugburn, 20, of West Seneca
Taylor J. Maryniewski, 18, of Depew
Allison M. Weiss, 19, of Clarion Place, Whitesboro
Careena M. Gratan, 20, of Beachwood Drive, Caledonia
Arian L. Vasquez, 17, of Abbott Road, South Buffalo
Edward J. Krier Jr., 20, of Wellworth Place, Cheektowaga
Robert K. Capo, 18, of West Center Street, Medina
Samantha M. Staino, 18, of Hollybrook Road, Brockport
Samantha N. Havlom, 20, of Eagle Harbor Road, Albion
Tyler Harper, 18, of Ladue Road, Holley
Tyler J. Thielges, 19, of Granger Road, Wayland
Michael J. Murphy, 18, of County Road #36, Wayland
Cody J. Oas, 18, of Michigan Street, Perkinsville
Kevin J. Grimaldi, 18, of Walden Drive, Lakeview
Cody L. Winton, 20, of State Route 12, Sherburne
Cameron T. Yerton, 19, of North Road, Sherburne
Cynthia D. Bush, 18, of Classic Street, Sherburne
Joshua J. Mase, 20, of East Avenue, Batavia
Sara R. Hart-Predmore, 20, of Yarkerdale Drive, Rochester
Cedrick N. Simmons, 20, of Garden Apartment, Ithaca
Edward J. Buell, 18, of Ridgedale Circle, Greece
Kaitlyn A. Boehm, 19, of Ridgecrest Road, Rochester
Megan H. Kelly, 20, of Dohrcrest Drive, Rochester
Bryan M. Stehm, 19, of Sagewood Drive, Spencerport
Jason R. Hensel, 18, of Celtic Lane Rochester
Kyle J. Stubbe, 19, of Edgemere Drive, Rochester
Courtney L. O’Hara, 19, of Andrews Drive, Rochester
Stephanie L. Matteson, 19, of Woodsong Lane, Rochester
Andrew M. Frosini, 19, of Pebbleview Drive, Rochester
Nicholas H. Nadrowski, 19, of Lakeview Drive, Lakeview
Louis M. Wagner, 19, of Versailles Drive, Lakeview
Andrew M. Vincent, 19, of Clifton Parkway, Hamburg
Matthew J. Byrne, 19, of Wyndfield Court, Hamburg
Chelsy G. Karcher, 18, of Reserve Road, West Seneca
Correen L. Longbine, 20, of Milestrip Road, Orchard Park
Emily A. Whiteside, 20, of Hawthorne Drive, Orchard Park
Ashley E. Avino, 19, of Woodsfield Drive, Lakeview
Joanna M. T. Dunn, 19, of Twilight Lane, Hamburg
Emilia V. Bloom, 20, of South Abbott Road, Orchard Park
Aaron M. Ellison, 20, of Karrow Street, Orchard Park
Alexandria E. Schultz, 19, of Caitlin Terrace, Hamburg
Demi N. Flynn, 20, of North Collins, ?
Alicia M. Barratt, 20, of Seneca Street, Lawtons
Stevie R. Foit, 20, of Maple Street, Lawtons
Michael A. Spain, 17, of Otisco Valley Road, Preble
Joshuah T. Lewis, 17, of Stevens Road, Tully
Stuart D. Grass, 19, of Schuler Street, Syracuse
Jacquelyn A. Rapple, 19, of Kinyon Road, Marietta
Deanna M. Clappsaddle, 18, of Bear Ridge Road, North Tonawanda
Megan E. Clarke, 18, of Deerfield Drive, North Tonawanda
Justin P. Reinhardt, 19, of Deerfield Drive, North Tonawanda
Daniel R. Snyder, 20, of Mull Street, North Tonawanda
Raymond J. Wasieszko, 20, of Ruie Road, North Tonawanda
Matthew J. Rua, 20, of Sherwood Ave, North Tonawanda
Olivia L. Cabana, 19, of Ashford Avenue, Tonawanda
Rebecca R. Rush, 20, of Sundridge Drive, Amherst
Frank T. Nemeth, 19, of Kelly Drive, Niagara Falls, Ontario, Canada
Blake R. J. Roubos, 19, of Cataract Road, Thorold, Ontario, Canada
Daniel S. Holmes, 18, of Con. 4 Road, Street, Anns, Ontario, Canada
Rachel P. Meyer, 20, of Word Road, Wayland
Hayley S. Ormond, 19, of North Lackawana Street, Wayland
Katelyn M. Clawson, 20, of County Road #36, Atlanta
Taylor A. Morse, 17, of Granger Road, Wayland
Kevin R. Shaughnessy, 20, of Helfer Lane, Minoa
Nicholas A. Raesky, 17, of James Street, East Syracuse
Camri J. Hanlon, 18, of McNutt Road, Campbell
Brook D. Knowles, 20, of Reed Hill Road, Campbell
Corinne R. Wright, 20, of Main Street, Campbell
Jenna A. Clarke, 19, of 4^th Section Road, Brockport
Jessica E. Daley, 20, of Bramblewood Lane, West Rochester
Hallie P. Fenti, 19, of Church Street, Hornell
Alexandria A. Gibson, 20, of Roncroff Drive, North Tonawanda
Kaitlyn H. Saunders, 18, of Euclid Avenue, Perry
Emily G. Gallagher, 20, of Wayland Road, Penfield
Alison M. Deacon, 20, of Creekview Drive, Hamburg
Derek R. Schmidt, 18, of Dean Road, Spencerport
Gregory M. Smith, 19, of Martin Road, Hamlin
Garrett D. Hartler, 19, of Dean Road, Spencerport
Lindsay A. Adams, 18, of Wedgedon Landing, Hilton
Alaina R. Bechtold, 20, of Hilton-Parma Corners Road, Spencerport
Mikayla L. Zanghi, 17, of Macintosh Drive, Rochester
Michael B. Coyne, 17, of West Gate Road, Kenmore
Sean J. Dungan, 19, of Zimmerman Blvd., Tonawanda
Chelsea L. Mooreage 19, of Desmond Drive, Tonawanda
William G. Moore, 18, of Woodward Avenue, Kenmore
Tyler J. Crawford, 18, of Johns Avenue, Buffalo
Timothy W. Balkin, 18, of Wellingwood Drive, East Amherst
Matthew R. Goss, 17, of Dodge Road, Getzville
Joseph C. Schrader, 20, of Harbor Street, Wilson
Molly J. Curry, 19, of Burch Road, Ransonville
Kimberly L. Daunce, 20, of Wilson Cambria Road, Wilson
Tyler W. Reimers, 19, of Wilson Cambria Road, Wilson
Camille L. Arth, 19, of Evergreen Drive, Lakeview
Mary E. Mcmahon, 16, of White Water Court, Hamburg
Thomas D. Scott, 17, of Second Avenue, Lancaster
Anessa L. Gervase Bage, 17, of Robinwood Court, Lancaster
Michael J. Enders, 17, of Pleasant View Drive, Lancaster
Francis J. Sterlace, 20, of Jackle Avenue, Silver Creek
Franklin G. Brown, 18, of Post Street, Irving
Hayley L. Trippy, 18, of Versailles Plank Road, North Collins
Levi M. Bower, 19, of East Avenue, Rochester
Jordyn A. Govenettio, 17, of Chapman Pkwy, Hamburg
Kali C. Compise, 16, of Overlook Point, Hamburg
Michael P. Edwards, 19, of Morgan Pkwy, Hamburg
Tiffany M. Agro, 18, of Linwood Avenue, Blasdell
James A. Militello, 20, of Champion Drive, Daytona Beach, Fla.
Nicholas J. Patronik, 19, of Juno Drive, Lakeview
Joshua L. Baker, 20, of Hewson Road, Lakeview
Garrett R. Cortright, 20, of Clifton Parkway, Hamburg
Jordan J. M. Harwood, 19, of Yankee Lane, Hornell
Kassandrea D. Heller, 18, of Maple Court, Hornell
Zachary M. Hynes, 17, of Split Rail Run, Penfield
Cody T. Murphy, 18, of Bowerman Road, Farmington
Aaron J. Ford, 17, of Green Road, Farmington
Sarah D. Kessler, 20, of Muriel Drive, Rochester
Michelle M. Snodgrass, 18, of Delta Road, Amherst
Rebecca A. Piduch, 20, of Gardenwood Lane, Buffalo
Nathan D. Rigby, 20, of Sodus Street, Clyde
Shannon D. Shakespeare-Brogan, 16, of Hogan Road, Fairport
Mikaela R. Cook, 18, of Wipple Tree Drive, Fairport
Ryan G. Weir, 20, of Cheryl Road, West Seneca
Nicholas S. Jennings, 19, of Logan Road, Attica
Patricia A. Glass, 20, of Chase Street, Medina
Clint A. Wright, 17, of Bethany Center Road, Wyoming
Nelson M. Burke, 16, of Main Street, Alexander
Lucas S. Terry, 17, of Holmes Hill Road, Conesus
Nicholas A. Braun, 19, of Pries Avenue, Buffalo
Sean P. Griffin, 20, of Rutland Street, Buffalo
Christopher P. Kane, 20, of Columbia Pkwy., West Seneca
Jacqueline P. Kane, 18, of McKinley Pkwy., Buffalo
Daniel M. Major, 19, of Hemlock Drive, Grand Island
Jermey R. Stark, 16, of Highway 3, East Port Colbourne, Ontario, Canada
Jacqueline H. Franck, 17, of Poplar Avenue, Ridgeway, Ontario, Canada
Andrew J. Kurtzhaltz, 19, of Prospect Avenue, East Aurora
Hanna J. Cimperman, 18, of Mill Road, East Aurora
Jaycen A. Watts, 20, of Pine Street, East Aurora
Joshua L. Cesario, 19, of John Peet Road, Canastota
Ryan P. Yeates, 18, of Norwood Avenue, Hamburg
Alexandra M. Curre, 18, of Corral Drive, Penfield
Matthew A. Majchrzak, 19, of Pennicott Circle, Penfield
Nicholas S. Fields, 18, of Seton Court, Penfield
William F. Asquith, 20, of Chaffee Road, Arcade
Jacqulyn M. Graber, 18, of Clarence Center Road, Clarence Center
Kristie Nasr, 18, of Glenhaven Drive, Amherst
Jonathan G. Vara, 18, of Manor Oak Drive, Amherst
Yanni S. Zulia, 17, of Bowen Drive, West North Tonawanda
Taylor N. Friedl, 19, of Cushing Road, Albion
Joel J. Prince, 20, of Claremont Park Palmyra
Timothy J. Depetris, 19, of Crestview Drive, Niagara Falls
Ian M. Marrett, 16, of East Bethany-Le Roy Road, Le Roy
Kristin N. Wach, 19, of Harmony Circle, Orchard Park
Adam R. Wattles, 19, of Old Lower East Hill Road, Colden
Kaitlyn M. Federico, 20, of Covered Bridge Circle, Greece
Max J. Roehmoldt, 19, of Village Point Lane, Williamsville
Brian J. Graham Jr., 20, of Lower Mountain Road, Lockport
Peter A. Roehmoldt, 20, of Village Point Lane, Williamsville
Ryan T. Burkard, 20, of West Minister Drive, East Amherst
Sean M. McGrath, 19, of Paul Place, Buffalo
Jordon Z. Richard, 18, of Lapp Road, Alden
Miguel-Christian Aragon-Prieto, 18, of Century Road, Orchard Park
Carly R. Hill, 19, of Doran Road, Lima
Joseph O. Pinter, 18, of Roat Drive, Angola
Elizabeth A. Gawronski, 20, of Cottage Street, Fredonia
Jason W. Myrick, 19, of Lovers Lane Road, Corfu
Chelsee M. Baun, 20, of Carlyle Avenue, Buffalo

A feed truck at Lamb Farms on Albion Road, Oakfield, is reportedly on fire.

Oakfiled Fire Department is responding.

UPDATE 10:09 a.m.: A chief on scene reports a working truck fire.

UPDATE 10:15 a.m.: Fire knocked down.

Somewhere in the Lake Street Road and Parmalee Road area a caller indicates he had a rollover accident and was unconscious for some period of time, perhaps as long as an hour.

He isn't sure of his location and said his vehicle is some distance off the road.

Le Roy fire and ambulance and law enforcement are in route.

UPDATE: While there was some chatter about this following our initial report, I never heard an ambulance transport (not saying there wasn't one, I just didn't hear it) nor did I hear Le Roy clear the scene.

At times this afternoon, Don Carroll was overcome with emotion as people showed up for a charity event in Jackson Square called DC in the Square.

The event is aimed at raising funds to help Carroll, who has cancer, pay his medical bills.

Throughout his life, Carroll has given all he has to the community, especially children who don't grow up with financial advantages. Most recently, Carroll has sponsored Toys for Kids, an annual event to provide gifts for children.

DC in the Square was organized, with the help of many volunteers, by Beth Kemp.

Beth's husband, Brian, said he benefited from Carroll's charitable work because Carroll's annual 5K run years ago paid for Brian to go to summer camp.

Beth said, "He does so much for the community and never asks for anything back," adding, "I just think he's a great guy. He sets the example for the kind of person I want to be, always giving, never expecting anything back."

Carroll, pictured above with his sister, Diane, and friend, Harriett Everett, said all he ever wanted to do was make kids happy and he was so grateful for the community support during his battle with cancer.

"It just means so much," Carroll said. "There are some things that happen that I forget sometimes, but this I'll remember for the rest of my life."

Today's event goes until 4 p.m.

The annual Harley Raffle and Wingding at the Town of Batavia Fire Hall on Lewiston Road once again was a big hit with area residents. Hundreds of people packed the lot and enjoyed the party, which featured music by 7th Heaven. Alex's provided ribs and pulled pork, and of course, there was a beer tent.

We're awaiting notification of who won the drawings.

UPDATE: The winner of the Harley Fatboy is Dewey Towner, Batavia. The $500 winners are Gerald Wolcott, Batavia, Wayne Cross, Versailles, Dan Hale, Batavia, and Michael Leone, Waterport.

If you're unable to view the slide show below, click here.

To purchase prints, click here.

I'm in Byron/Bergen on a beautiful summer day? Of course I'm going to try and make a few pictures.

Above a barn off Route 237.

High power lines a little further up Route 237.

Old truck, Swamp Road.

Train crossing Ivison Road, Stafford.

In Byron today, residents celebrated Byron Heritage Day. It was a beautiful afternoon for a picnic in the park. Buffalo Road Show rocked the pavilion and, of course, there was the classic car cruise.

A tree is reportedly blocking the roadway on Chaddock Road in Bethany. Bethany Fire Department. Law enforcement is responding. Didn't catch the exact address.

UPDATE 7:59 p.m.: The responder on scene reports the tree is blocking half of the roadway, on the southbound side. Workers from the state Department of Transportation are called to the scene to cut the tree with chainsaws and remove it.

Press release:

The Genesee County Office for the Aging has announced that there is a waiting list for homebound individuals seeking the support of a friendly visitor.

Currently there are individuals in various areas of the county who would very much like to receive services through the Home Visitation Program coordinated by Catholic Charities.

The program is a free service for individuals in Genesee County, 60 years of age and older, with a limited ability to get out of their homes who would enjoy a friendly visitor offering socialization and companionship.

Individuals interested in more information on becoming a friendly visitor may contact Dorian Ely, director of the RSVP Volunteer Placement Program, at the Office for the Aging at 343-1611.

The Home Visitation Program is made possible by the Rochester Area Community Foundation’s Muriel H. Marshall Fund for the Aging.

The Genesee County Women’s Republican Club will host its annual Lucky Numbers Auction event on Aug. 2 at the Batavia Country Club, 7909 Batavia-Byron Road, Batavia.

Doors will open at 5:30 p.m. with dinner at 6:30. Cost is $18 per person.

Reservations must be made ASAP by calling Melissa Gaebler at (585) 297-7948, or emailing her galaxie561@hotmail.com. Genesee Cancer Assistance is the club’s “Caring for America” charity this year. People attending are encouraged to bring a donation.

New members or anyone interested in joining the Women’s Republican Club are welcome to attend.

Once more emergency dispatchers have received a call about a pushy salesman wearing lime green sneakers. Not sure what he's peddling, but he has been described as rather aggressive in his door-to-door demeanor. He was last spotted on Dewey Avenue in the city. Police are trying to locate him.

(I think he came to our house a few weeks back offering an unbeatable deal on carpet shampooing. I declined it but asked for his business card and was told he didn't have any because the deal was only good for that day, a sort of take-it-or-leave-it thing. Then he reached for the screen door handle, just bursting with enthusiasm to show me more about this wonderful opportunity. But our giant dog, Pachuco, and his fearsome bark persuaded him to leave quickly.)

With rain threatening most of the afternoon, the turn out for the anti-bath salt rally at L&L Transmissions was less than organizers hoped, but still, more than 30 people joined in the event. People had a lot of fun taking whacks at the "your brain on bath salts" van.

The event was hosted by Affliction Ink, CPR (Computer and Phone Repair) and L&L Transmissions.

Press release:

Le Roy American Legion Post 576 is asking that each club, church, society organization or individual submit a nominee to be considered as the 2012 Le Royan of the Year Award. Deadline is Aug. 22.

In Le Roy we have many outstanding events. It takes volunteers, hardworking individuals, many of them working behind the scenes that make each and every event a success.

The award recognizes people who demonstrate the following qualities:

• A man or woman who exemplifies the true spirit of Americanism, its ideals, love of flag and country, regardless of race, color or creed.
• Good citizenship by carrying out these principles, often beyond what is expected.
• Service to the community, signified by excellence in life of purpose and accomplishments.

Applications can be picked up at the Legion Home 53 W. Main St. Le Roy, and any Le Roy Bank.
Mail application to:

American Legion Post 576

Attn: Catherine Stone

53 W. Main St. Le Roy, NY 14482

A two-vehicle accident with injuries is reported at Bloomingdale and Sand Hill roads, on the border of the Town of Alabama and the Tonawanda Indian Reservation. One person is said to have a mouth and arm injury, another is complaining of chest pain due to the seat belt restraint. Alabama Fire Department and Mercy medics are responding.

UPDATE 3:17 p.m.: The patients are both children.

UPDATE 3:19 p.m.: A second ambulance is requested.

UPDATE 3:54 p.m.: The patients are being transported to Women's and Children's Hospital in Buffalo.

UPDATE 4:11 p.m.: Alabama is back in service.

Bishop William R. Franklin, the Episcopal bishop for all of Western New York, praised God and praised the efforts of the congregation of St. James Episcopal Church in Batavia today at a dedication ceremony for the restored church tower.

The restoration was a difficult financial undertaking for the congregation, but Franklin said the tower was an important symbol of hope in the community.

"When we look upward, we look to the future and it reminds us that the joy of God belongs to us," Franklin said.

The front doors of the church, which have been kept closed for years because of safety concerns from falling masonry, were once again reopened.

"We open doorways of hope," Franklin said. "We open our doors and go out into the community and give people hope."

Previously: Photos: St. James restoration project reaches pinnacle with placement of new cross

Remember a while back we ran a contest for Shop Batavia -- leave a five-star rating on your favorite local businesses for a chance to win a $100 gift certificate to that business?

I totally forgot to pick a winner.

So I just did.

It's Ingrid Bowen, of Elba. She wins a $100 gift certificate to the Log Cabin Restaurant.

UPDATED Saturday at 12:48 p.m. with the names of the suspects and clarified/corrected information from the Sheriff's Office.

A federal helicopter passing over Genesee County this evening just happened to spot what looked like marijuana plants growing in a field off Angling Road in Corfu, and following an alleged frenzied attempt to hide or destroy the crop three people were taken into custody.

The three suspects are being charged with felony counts of criminal possession of marijuana 3rd and tampering with physical evidence as well as a misdemeanor charge of unlawful growing of cannabis.

Taken into custody were James P. Cox, 49, of 2109 Angling Road, Corfu, Jessica D. Cox, 22, of Benedict Street, Perry, and Beau T. Bressler, 25, of Benedict Street, Perry.

Sheriff's dispatchers received a call from a Homeland Security helicopter piloted by U.S. Border Patrol Agents just before 8:30 p.m. saying that the agents had spotted a suspected marijuana field at 2109 Angling Road, Corfu.

"The border patrol was not actively working with us or actively looking for marijuana," said Sgt. Steve Mullen, of the Sheriff's Office. "They just happened to be flying over the area on their way back to their base."

Immediately after the initial call, the agents informed dispatchers that an individual had run from the field into a residence at that address. At least four people immediately left the residence.

Two people reportedly jumped into a white sedan.

The other three people were allegedly spotted pulling up marijuana plants from the ground and carrying them into the house, into a barn, into a cornfield and into a red SUV parked at the house.

The red SUV was reported to leave the scene and was subsequently stopped by a trooper on Angling Road.

"We had communication with the helicopter through the inter-county system and the helicopter was able to tell us what was going on play-by-play and give us a description of the vehicles as they were leaving," Mullen said.

"(They were able to) observe it (the suspected marijuana) being placed in vehicles and observe it being destroyed or tampered with by throwing it into the cornfield in the hope that we wouldn’t subsequently see it or find it."

Several suspected marijuana plants, with their roots still attached and dusted with dirt, were found inside the vehicle (top photo with Sgt. Greg Walker and Deputy James Diehl, who is also the driver in the photo below).

Mullen said all suspected marijuana plants had been pulled from the ground by the three people allegedly involved in the incident. A total of 32 marijuana plants were recorved, according to the Sheriff's Office.

Two individuals who reportedly left in a white sedan told law enforcement that they left the scene when the suspects started to pull up the plants because they weren't involved and didn't want to be involved in what was going on. Neither of those people were arrested.

The residence at 2109 Angling Road is owned, according to the county's online database, by James P. Cox.

Mullen said one of the inviduals arrested was a resident of the property and the other two people were visiting at the time the suspected pot plants were discovered.

"After noticing the helicopter they decided to help (the suspected grower), or so they thought, remove or destroy the evidence."