Le Roy resident Ed Spink has spent the past four days knocking on doors looking for his 16-year-old cocker spaniel, "Molly."

Initially, Spink feared that a young man in a black Cadillac had stopped near a car wash in Le Roy and taken the dog. But it turns out the Caddy driver was local businessman Tim Walton, who tried to capture the dog because it was running in and out of traffic on Route 5, but the dog ran into a wooded area.

Spink's father takes care of the dog on weekdays, Spink said, and had the dog when it escaped.

"She must have gotten disoriented," Spink said.

Walton, who owns Pink Gorilla Tees, on East Main Street, Batavia, was with his girlfriend, Jenna Hubbard, when they spotted the lost dog. Walton shared the following description of events:

"We were driving down Route 5 and there was traffic backed up a few cars and another couple was in the road chasing a soaked and mud-covered dog that was running back and forth in traffic. I got out to help them and the dog got away from the traffic for a few seconds."

As the other couple left, the dog proceeded to turn around again toward the road.

"I was nervous that he would run back into traffic and get hit. I had a dog bone from my puppy in the car that I used to hopefully get him to come to me as I followed him up the hill towards an apartment complex. He would turn around and start to come to me until he got within a few feet then he would turn around and jog away. It seemed like a friendly dog and I was just hoping that I could get close enough to read his tags but the dog wouldn't allow it."

Walton followed the dog all the way up the hill until he walked into the wooded area next to the complex.

"At that point there was nothing else I could do. I just wanted to make sure he was safe and wasn't likely to wander back into traffic.

Spink said somebody told him the dog was spotted yesterday near the Kwik Fill on Route 5 in Le Roy, but he still hasn't been able to find the dog.

Anybody with information on the whereabouts of Molly can call Ed at 585-797-3731.

The 26-year-old Batavia resident accused of hitting a Walmart employee on Christmas Eve, yelled several obscenities at the 70-year-old woman before punching her in the face, according to several witnesses who made statements to the police.

The statements are contained in the court file of Jacquetta B. Simmons, of 106 Ellsworth Ave., Batavia, charged with two counts of assault in the second degree.

Th statements are from a dozen witnesses who describe the alleged incident either in detail or made the same general observations.

The altercation began, according to reports, when the employee asked a companion of the suspect for a receipt for merchandise in a shopping bag he was holding. Both of the customers refused to produce a receipt, according to the reports, at which point the employee reportedly grabbed the bag from the man.

The employee and a manager said they were enforcing Walmart policy, but numerous online articles say blanket policies have proven legally treacherous for retail stores.

More than a dozen statements about the alleged incident are contained in the court file of Simmons.

The employee, Grace Suozzi, was taken to UMMC where she was treated for injuries to her eye, jaw and cheek, including bone fractures. Souzzi's glasses were also broken when she was hit.

Suozzi gave a statement to a trooper while at the hospital.

"I was working at Walmart on register 2 when I asked a man for a receipt," Souzzi says in her statement. "The man said that the bag was the female's who I was checking out. The man and the woman both refused to show me the receipt, which is the company's policy. I paged my manager about three times. I walked around and took the bag from the man. The female grabbed the bag from me, yelling at me saying the F word every other word. I grabbed the bag back and the bag tore."

According to Suozzi's statement, customer service managers arrived at the register and the argument continued and, as Souzzi put it, "the female decked me."

While Suozzi states she was upholding store policy, several online articles indicate if Walmart's policy is to detain and require a customer produce a receipt for a purchase without suspicion of theft, it may be violating the customer's rights.

The Washington Post wrote about such policies in 2007 and The Legality, an online law journal, examines the issue in some detail.

According to online accounts, receipt checks must be voluntary and customers cannot be detained unless an employee has a specific belief that a theft may have taken place.

A spokeswoman for Walmart said the company may release a statement later on its actual receipt check policy, but meanwhile she referred The Batavian to a loss prevention expert with the National Retail Federation, based in Washington, D.C.

"Of course," a customer may refuse to produce a receipt, said Joe Larocca, but a store may also refuse service to customers, and a customer who isn't cooperative may find himself barred from the store in the future.

Every retail chain has its own policies, Larocca explained, but they're all active in aggressive loss-prevention measures.

A retail store employee can detain anybody the employee reasonably suspects of theft, Larocca said, and stores are legally protected when an actual theft is suspected.

Nationally, retail stores lose $35.3 billion to theft each year.

"The number of consumers who complain are just a handful of people," Larocca said. "By and large, customers regard the request for a receipt as reasonable. They recognize that stores must protect their merchandise. Everybody recognizes that losses in the store mean higher prices at the registers."

But online stories indicate there are times when customers challenge an employee requesting a receipt for an item purchased, such as an account in The Consumerist of a man who remained calm when confronted by Walmart employees in Virginia and eventually walked out of the store with his purchase despite never showing his receipt.

Witness accounts from Christmas Eve, however, indicate Simmons was anything but calm during the confrontation.

"Cashier Grace was working at register 2," wrote a store manager. "She asked to see a customer's receipt for a bag of merchandise they had. The woman refused to show a receipt. Then the woman began swearing loudly at Grace. The woman grabbed the bag out of Grace's hands and then punched Grace in the face causing Grace to fall to the floor."

A customer wrote, "... they were surrounded by the CSM's (customer service managers) ... they were trying to talk to her but the customer was furious and swearing and she tried to take the bag from Grace's hands so all the stuff dropped on the floor. Finally she punched her in the face and threw Grace 10 feet away."

Nearly every account describes Simmons yelling obscenities at Souzzi before allegedly hitting her.

Witnesses say Simmons was with an unidentified man who in one account tried to keep Simmons calm and in another was yelling into a mobile phone.

The accounts of store managers also indicate they believe it is Walmart's policy for customers to produce a receipt upon demand.

One manager wrote, "I was called over to register two today and asked by the customers why cashier Grace wouldn't let them leave without seeing a receipt. I told them I know that Grace had done the right thing and that we couldn't let them leave without a receipt. They started to get rude and loud and I called (another employee) over to help with the situation."

It's unclear from the statements if Suozzi was engaged in a systematic process of checking receipts, or engaged in other activities and singled out Simmons and her companion for some reason. It's also unclear why Simmons and her companion had a bag full of previously purchased merchandise while at the cash register.

The court file contains no statements by Simmons nor her companion.

State Police have said that Simmons did have a receipt for the items in the bag and is not accused of stealing anything from Walmart.

The Batavia resident is out of jail on $40,000 bond and is scheduled to appear in court again Jan. 23.

Simmons is charged with two counts of assault, 2nd, one for allegedly causing serious injury and the other for allegedly injuring a person 65 or older.

As a first-time offender, Simmons is facing a possible sentence, if convicted, of two to seven years in prison.

The statute making assault on a person 65 or older a Class D felony was passed in 2008.

NOTE: On Sunday, we published a story with a witness statement saying Simmons was smiling after she was cuffed. We've heard from several other people who contradict that statement, describing Simmons conduct in widely differing accounts, from hysterical, to angrily yelling, to calm and emotionless, but nobody else reports seeing her smiling.

Cookies and Milk would like to inform everyone in the community that they going out of business as of Saturday, Dec. 31.

There are lots of items for sale such as an oven, tables and racks. All equipment is for sale.

Stop by Cookies & Milk, 29 City Centre or contact Lorraine Schaub at 585-356-7759 for additional information.

A driver who reportedly fled the scene of a minor-injury accident on Route 98 at West Saile Drive at 4:15 p.m., Monday, was later located and charged with DWI.

The driver, Leann F. Bach, 57, of West Bergen Road, Bergen, was also cited for allegedly running a red light and failure to yield right of way.

Suffering a minor injury in the accident was Verna M. Oehler, 63.

Bach was reportedly driving westbound on West Saile Drive in a 2003 Chevy SUV when she allegedly failed to stop for the red light at Route 98.

Northbound on Route 98 was John E. Oehler, 62, of Oak Orchard Road, Batavia, with Verna as a passenger, in a 2003 Chevy pickup. 

Fabian S. Hernandez, 48, of Columbia Avenue, Batavia, was also on Route 98 in a 2005 Ford SUV.

Bach reportedly attempted to make a left turn onto Route 98 and struck Oehler's vehicle, pushing it into the SUV driven by Hernandez.

Hernandez had 10 passengers in his vehicle, but none of them were injured.

Bach then reportedly continued south on Route 98 and was located some time later.

No other citations or criminal charges were listed in the accident report.

The accident was investigated by Sgt. Greg Walker.

(Initial report)

Eight people are charged with burglary in the third degree following an investigation into a July 17 break-in at Oakfield-Alabama High School.

The eight people are accused of entering two vending machines and removing nearly all of their contents.

Charged were Jamie R. Bachorski, 17, of Webber Avenue, Oakfield; Mark A. McNutt, 17, of Webber Avenue, Oakfield; Corey J. Mooney, 18, of Lockport Road, Oakfield; Roosevelt Little Jr., 20, of Fisher Road, Oakfield; Darryle W. Stamp Jr., 22, of Hellert Road, Shelby; Duty E. Caswell, 20, of South Pearl Street, Oakfield, and Kevin M. Waleski, 23, of Church Street, Basom.

A girl was also charged as a juvenile offender but her name was not released.

All of the suspects, except Waleski, were arraigned in Oakfield Town Court and released under their own recognizance. Waleski, who was arrested recently on a grand larceny charge, was jailed on $5,000 bail.

The investigation was conducted by Juvenile Officer John Dehm and Investigator Timothy Weis with assistance from Investigator Kris Kautz, Deputy Chris Parker, Deputy Nathan Balduf, Deputy Chad Minuto and Deputy Kevin McCarthy.

Tremaine Jason Halftown, 37, of Brant Reservation Road, Brant, is charged with criminal contempt, 1st. Halftown was allegedly a passenger in a vehicle being driven by a woman Brant had been ordered by an Erie County court not to contact.

Charles William Glover, 69, of Tournament Drive, Hudson, Fla., is charged with trespass. Glover is accused of trespassing on property on Pekin Road, Elba, at 9:56 a.m., Dec. 22.

New York Times: Guns in Public, and Out of Sight

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $10 gift certificate for $5.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Delavan's, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have a $20 gift certificate for $10. (Good only at the Batavia location.)

Oliver's Candies, 211 W. Main St., Batavia, NY: Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Salsa & Curry, 13 Jackson St., Batavia, NY: An authentic Mexican restaurant, offering all of your favorite dishes from enchiladas and burritos to tacos and fajitas, as well as daily Indian food specials. We have a $20 gift card for $10.

Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. Come try one of our many delicious burgers that we have to offer, as well as our HUGE Bomber Sandwich, homemade chicken fingers made to order, and the all-time favorite Dumpster Plate with many choices. We deliver. We have a $20 gift certificate for $10.

T.F. Brown's, 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." Stop in and check out our jumbo chicken wings, roast beef on weck and Friday night fish fry. The original family spaghetti sauce still adorns all of our Italian specialties. The other popular selections from our menu range from super salads, butcher cut strip loin and South of the Border items. We offer daily lunch and dinner specials as well as a full adult and children’s menu. We have a $20 gift certificate for $10.

The Mane Attraction Salon and Spa, 99 Main St., Batavia, NY: offers "Affordable Luxury" in downtown Batavia. We pride ourselves in the great customer service we give to the entire family. Men, women and children are all welcome either by appointment or walk-in. We offer all hair care services including cuts, color, highlights, lowlights, perms, styling/updos, facial, leg and back waxing, Shellac Polish System, manicures and pedicures. We are the only salon in Batavia that has an airplane chair for kids' cuts! Hours are 10 a.m. to 7 p.m. Tuesday through Friday and 9 a.m. to 3 p.m. on Saturday. We have $20 gift certificates for $10.

SOLD OUT

Note: if you've never purchased Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

This afternoon, Billie and I had a matter to attend to in Victor (no, it wasn't at the Eastview Mall, though we drove by -- man, what a zoo). On the way back, we took Pachuco for a walk in Powder Mill Park in Bushnell Basin (those pictures will eventually appear on VuFindr.com) and then we headed home, hitting the Bergen off-ramp just about 15 minutes before sunset. Billie was kind enough to indulge my desire to roam around and snap a few pictures.

Above, a red barn on Appletree Avenue, Bergen.

Barn on Route 262, Bergen.

Sunset on Batavia Bryon Road.

Cemetery on Batavia Byron Road.

Same cemetery, same tree.

Same cemetery, standing in the same spot as previous picture, looking east.

Bank Street Road

A one-car accident with an injury has been reported on Starr Road at Hudson Road, Pavilion.

The victim is inside a residence at that location.

Pavilion fire and Mercy EMS dispatched.

A vehicle that may have been involved in a property-damage accident on Route 98 at West Saile Drive reportedly fled the scene and headed south on Route 98.

The car was last seen turning onto Park Road heading toward Veterans Memorial Drive.

The vehicle is described as a gray Chevy Venture. It's missing a front bumper and the passenger-side headlight is out.

The car is registered to a resident in Bergen.

UPDATE 6:29 p.m.: Not sure, but it sounds like the vehicle has been located, unoccupied. Didn't catch a location.

UPDATE 6:33 p.m.: Both airbags in the vehicle were deployed.

Reader Debra Nanni took a walk through Downtown enjoying all of the storefront displays and wanted share her pictures, and her appreciation with The Batavian readers.

"It's not New York City, but it was a pleasant walk anyways, and nice to look at," Nanni said.

BTW: People who register on Shop Batavia can submit community pictures to that website as well.

From my back window, looking north west this morning, the sky looked like it might be pretty interesting, but I didn't have time to go out and see if there were any pictures to be made.

Reader Eric von Kramer did take a few photos and emailed these to us.

One of the owners or a horse rescue in Pavilion has been diagnosed with terminal cancer and the rescue must shut down immediately.

The owners need to quickly find new homes for 18 horses and are turning to the public for help.

Chris Dodge said she has contacted other rescues, let other stables and vets know about the situation, but "there's no room at the inn."

"We have to turn to the public," Dodge said. "If somebody wanted a horse in the spring, don't wait until the spring, take it now."

Chris' husband Mike has stage 4 cancer, Chris said. He's undergoing intensive chemotherpy and radiation treatment, but has been given seven- to nine-months to live.

The cancer has wrapped around his heart, trachea and is in his liver. It was first discovered in his pelvis after he fell recently while feeding the cats and broke his pelvis.

The rescue is doing well enough financially right now, Chris said, but she simply has no time now to properly care for the horses. She and Mike must make frequent trips to the doctors and he needs care when they are home.

"We have some wonderful volunteers, but they're inexperienced," Chris said. "The horses are getting fed and the stables are getting mucked, but that's about it."

The rescue will still require the same standards for placement of horses that they always have, but the contract is being modified to take out the return policy. There will be no returns on any horses adopted.

To make an appointment at the rescue to view the animals and consider an adoption, call (585) 584-8210.

Previously: Horse rescue in Pavilion carries on in difficult times

Photo: Mike Dodge from September of this year.

Cynthia L. Clark, 41, of 115 Wolcott St., Le Roy, is charged with unauthorized use of a motor vehicle, 3rd. Clark is accused of taking a vehicle and driving it to Rochester without the owner's permission.

Corey James Hemmer, 25, of South Main Street, Elba, is charged with criminal mischief, 4th. Hemmer is accused of intentionally damaging a vehicle on Maple Avenue, Elba, on Dec. 12. Hemmer was jailed on $800 bail.

Kevin Michael Waleski, 23, of Church Street, Basom, is charged with grand larceny, 3rd. Waleski is accused of stealing a 2001 Dodge pickup truck valued at $10,000 from a location on Lewiston Road, Oakfield. The truck was located by a passerby in a ditch off Watson Road, Elba.

Ryan M. Palmer, 29, of 37 Tracy Ave., Batavia, is charged with driving while impaired by drugs and reckless driving. Palmer was stopped at 6:42 p.m., Saturday, in Batavia, by Sgt. John Peck.

CORRECTION: The employee allegedly assaulted was a cashier, not a greeter.

A 70-year-old greeter at Walmart suffered fractures on the left side of her face Christmas Eve after a 26-year-old woman allegedly punched her after being asked for her receipt for items in her shopping bag.

The young woman reportedly ran from the store and, according to witnesses and several customers, chased her and surrounded her car, preventing her from leaving until police arrived.

"One of the biggest things to note is that the community actually stood up and did not let this person get away with what she did," said one witness, who asked to remain anonymous. "Even on this busy shopping day, dozens of people stayed behind and made police reports."

Charged with two counts of assault in the second degree -- one for alleged attempt to cause serious injury and another for allegedly injuring a person 65 or older -- is Jacquetta Simmons of 106 Ellsworth Ave., Batavia.

Simmons was arraigned in Town of Batavia Court by Justice Michael Cleveland and committed to Genesee County Jail on $20,000 bail or $40,000 bond. She's scheduled to reappear in court Jan. 23.

The injured woman was taken to UMMC with a swollen face and multiple facial fractures.

Witnesses say the woman is a longtime employee of Walmart and loved by many.

The employee was reportedly working near the front doors of Walmart when Simmons tried to exit carrying a bag of merchandise. The victim asked Simmons for her receipt. It's unknown if there was any other conversation, but it was at this point that Simmons allegedly punched the victim, who was knocked to the floor.

Simmons then reportedly ran from the store, chased by other customers. 

Batavia police arrived on scene first, but Walmart is outside of the city, so State Police took over the investigation once on scene.

In comments on The Batavian's post yesterday, Michelle Wheatley, a witness, said, that as she was leaving she saw the suspect "standing by the police car in handcuffs with a big smile on her face."

UPDATE: Simmons posted $40,000 bond and was released from jail pending her next court appearance.

Jordan Fleming was picked in a random drawing as the winner of our Shop Batavia / Roxy's Music Facebook "Like" contest.

Fleming wins either a Peavy Stage Pack Electric Guitar Starter Pack or $150 in-store credit.

Congratulations to Jordan.

Emergency dispatch is getting multiple calls about a rollover accident on either the Thruway or the I-490, or both.

Callers for the two different locations report a black SUV being involved.

Le Roy fire, Mercy EMS and Le Roy ambulance dispatched.

Responders will be checking both locations.

UPDATE 4:09 p.m.: One patient, out of the vehicle, walking. Mercy Flight was on standby, is now cancelled. The accident is on the Thruway.

A person has reportedly struck a cashier in Walmart.

The suspect, a black male, has fled and employees are chasing him in the parking lot.

Police are responding.

UPDATE 11:20 a.m.: It sounds like they have a suspect stopped. The victim is in the ladie's restroom, requesting an ambulance. Batavia PD are on scene.