The widow of a Wyoming County man who died while in custody of the Genesee County jail has filed paperwork that paves the way for a possible lawsuit against Genesee County, the Democrat & Chronicle reported this morning.

A doctor who was treating Nikko Gambino questions whether Gambino -- who changed his name at some point from Robert Goering -- was given safe access to his prescription medication.

"When somebody is incarcerated you have a responsibility to avoid doing things to them that are going to lead to them dying," said (Dr. Thomas) Walters, a physician based in Livonia. "This is a predictable, preventable death."

Whether Walters' belief is true — namely, that negligence contributed to Gambino's death — could be answered by his autopsy. That autopsy, which would include toxicology results, has yet to be finalized, according to a Genesee County coroner.

As is required in all in-custody deaths, the NYS Commission of Corrections is conducting its own investigation into Gambino's death.

Gambino's wife, Holly Gambino, last month filed a notice of intent to sue the county, alleging in court papers that the death was caused "by withdrawal and other illnesses from medications wrongfully and negligently withheld and/or disallowed by the Jail."

Gambino first made the news locally when he was arrested in September 2010 for impersonating federal law enforcement agents.

He was serving an intermittent sentence in July on that conviction when he was arrested for allegedly smuggling drugs into the jail in a body cavity.

The D&C article says some or all of those drugs were his own prescription medication, which he was allegedly not being allowed to lawfully bring into the jail.

County officials were not able to comment on the case because of possible pending litigation.

One person was seriously injured Sunday morning in a two-car collision on Ledge Road, Alabama.

The cause of the accident remains under investigation.

Alabama Fire Department and Mercy EMS were dispatched to the accident at 6:21 a.m.

Gordon L. Montgomery, 53, of Batavia, was trapped in his vehicle and needed to be extricated. Montgomery was transported by Mercy EMS to ECMC where he is being treated for internal injuries.

John D. Anderson, 58, of Basom, suffered minor cuts and was treated at the scene and released.

The initial investigation indicates that Anderson was eastbound in a 2005 GMC Sierra when Montgomery's 1998 Pontiac Sunfire crossed into the eastbound lane for an undetermined reason. The two vehicles hit head on.

Also assisting at the scene were the Pembroke and Indian Falls fire departments.

Le Beau Salon and a host of others put on a carnival of beauty as a benefit for the Voltura family.

Nicole Voltura, a wife and mother of three, is dealing with not just one terminal illness, but three. She has recently undergone surgery to remove a sarcoma from her leg. On Oct. 7, she went for her fourth round of chemotherapy to treat two separate rare autoimmune diseases.

This benefit helped raise funds needed to offset some of the medical bills and to support the needs of her family.

Nicole is the owner of Glitz-n-Glamour Salon.

Among the many activities for the whole family were nail art, mini-manicures, hand facials, make-up technique sessions, bling hair extensions, eyebrow and lip waxing, blowouts, and face painting.

In addition, there was a Chinese auction, instruction in hip-hop dance techniques and a Zumba class.

Paige Haile getting a mini-manicure.

Sponsers of the event included: Le Beau Salon, Suzanne's School of Dance, Hot Heads, The Mane Attraction Salon, Charley's Salon, Zumba with Diane Cox, Glitz-n-Glamour, and Tommy Nails.

For more information on how to make a donation please contact Erika Siverling at Le Beau Salon, 343-1017.

More pictures from the event can be found here.

Santa was spotted at Present Tense today for their holiday open house.

Sitting among the books, unique gifts and toys, he was going over his naughty and nice list.

Esme Coleman sitting on Santa's lap.

Emily Caldewell telling Santa what she wants for Christmas.

Visit the Present Tense website for more information on specials this month.

Today was Santa's annual visit to Oliver's Candies in Batavia. Store Manager Jeremy Liles said that the event is held to kick off the Christmas season every year on the Saturday before Thanksgiving. The line of kids waiting to see Santa stretched across the store to the door.

Some of the kids, happy to tell Santa what they wanted for Christmas.

Outside was a petting zoo for the kids.

The Batavia Area Jaycees were on hand with refreshments.

Just in case you weren't prepared for Santa's Christmas visit, the Girl Scouts had plenty of cookies. Just add milk.

There are more trees this year, and more people showed up Friday for the Wonderland of Trees gala at the Holland Land Office Museum, according to Board President Bob Turk.

The display of trees decorated by local groups and businesses runs through Jan. 3, with a children's gala set for noon to 4 p.m. on Dec. 17.

Ann Reid, representing the Genesee Symphony Orchestra, accepts a plaque to be placed on a new display of historical items and pictures donated to the Holland Land Office Museum commemorating the orchestra's long history in Genesee County.

Emergency responders are heading toward a location either on or near the Iroquois Wildlife Refuge.

The location is described as off Feeder Road, which is on the refuge.

It's also described as off Route 77.

The victim is described as shot in the jaw. Emergency dispatchers have had difficulty maintaining a connection with the mobile phone of the caller.

The injury is described as serious but not fatal.

The actual location may be in Shelby.

Alabama fire, Mercy EMS, Mercy Flight and Sheriff's deputies all dispatched.

UPDATE 12:33 p.m.: A deputy has found the vehicles of the callers. He describes the location as near where an Eagle Scout completed a blind that was written about on The Batavian. That's right on Feeder Road.  

UPDATE 12:37 p.m.: Orleans County notified the incident is in their jurisdiction. All Genesee County emergency response continuing. The caller is on the phone as is a deputy, and dispatch is working to coordinate the location of the victim.

UPDATE 12:42 p.m.: Caller located by a deputy, who will be with the victim momentarily.

UPDATE 12:49 p.m.: Patient located. He's in critical condition. Mercy Flight will land on Feeder Road.

UPDATE 12:54 p.m.: There will be no further updates to this post.

UPDATE 7:12 p.m.: Press release from the State Police:

On Saturday, Nov. 19, 2011 at about 12:20 p.m. New York State Police, Batavia, investigated a fatal hunting accident occurring on U.S. government land off of Lewiston Road, Town of Shelby, Orleans County.

While transporting a harvested deer through a wooded area an 18-year-old Lockport male was fatally injured when his 12-gauge shotgun accidentally discharged.

New York State Police were assisted with this investigation on location by NYS DEC Officers, U.S. Fish and Wildlife Services, along with members of the Orleans and Genesee County Sheriff ’s offices.

Emergency services on location were fire departments from Alabama, Shelby, Lyndonville and Ridgeway accompanied by emergency medical services from Medina Ambulance, Mercy Ambulance and Mercy Flight.

Mary Hale sent in this picture of her daughter Liz Wilkosz, 26, formerly of Elba, who shot her first deer, an eight-point buck, this morning on Molasses Hill, Elba. Pictured with Liz, from left, are her brothers Tim and Ed, boyfriend Keith and friend Warren.

NOTE: There is a Molasses Hill in Elba.  It's private property. It's off Barrville Road.

A Batavia resident has been arrested and charged with rape in the first degree.

The alleged rape was reported Oct. 17.

Arraigned in Town of Batavia Court and jailed without bail was Oscar Donaldo Ramirez-Castanon, 33, of Lewiston Road, Batavia.

Ramirez-Castanon is accused of using force for sexual intercourse against a woman in Batavia.

From Kevin Keenen, director of communications, Catholic Diocese of Buffalo:

Bishop Edward U. Kmiec, bishop of Buffalo, has delayed any decision until next March. He wants the local community to come together and see if they can increase enrollment and raise the necessary funds to keep HFS open for the long term. This will require significant time, effort, increased enrollment and financial sponsorship by the Le Roy community and surrounding areas. Father Michael Rock, canonical administrator of the school, has called a meeting for 7 p.m. Tuesday, Nov. 29 in the Holy Family School gymnasium to rally the community to action.

While a final decision will not be made until March 1, 2012, we must continue to plan for the possible merger of the two schools. The bishop will not make a final decision until the local community has acted on this opportunity.

Make no mistake about it: this is a clarion call for the HFS community to develop a realistic plan that will not only increase enrollment, but also place the school on solid financial footing for many years to come.

It is now up to the community to take action to make significant, long-term financial commitments to build Holy Family School into a stable, growing Catholic elementary school. We pray that their efforts will succeed and the end result with be even greater Catholic identity in the classroom, stronger academic programs and exciting new opportunities in the years to come for Catholic elementary school students in Le Roy, Genesee County and beyond.

When I stopped into M&T Bank in Batavia late this afternoon, I was greeted by an enthusiastic group of Girl Scouts selling Girl Scout cookies. It's that time of year -- have you bought yours yet?

Press release:

Dr. Alfred C. O'Connell, Genesee Community College's first president, died Nov. 11 in North Carolina. He was 83 years old.

Genesee's first board of trustees recruited Dr. O'Connell in 1966 to organize the new college which had been approved by Genesee County voters in a November 1965 referendum. At that time, Dr. O'Connell was serving as president of Harford Community College in Maryland.

Dr. O'Connell served from February, 1967 to August, 1970. He was widely credited with recruiting a distinguished faculty, and setting high standards for academic programs and college operations.

Dr. James M. Sunser, current president, called Dr. O'Connell a "pioneer" in the community college movement.

"Alfred O'Connell had a vision of the comprehensive community college in the 1960s," Dr. Sunser said. "He saw Genesee Community College, and community colleges in general, as the nation's best way to provide higher education access to coming generations of students.

"Early on, he recognized that Genesee Community College could become a vibrant force for community transformation, and he worked tirelessly to make Genesee Community College part of the fabric of our local communities.

"Today, Genesee Community College is known for excellence and innovation across the United States. Alfred O'Connell laid the early groundwork for Genesee's reputation. Our success today is in no small measure due to his vision and commitment."

Dr. O'Connell began his career as a secondary school teacher, and held English and Social Studies teaching positions at Wethersfield (Conn.) High School and Cushing Academy, in Ashburnham, Mass. He served as assistant professor of History at Auburn (now Cayuga) Community College, chair of the History Department at Grosse Point University (Mich.), and director of the Evening Division of Baltimore (Md.) Junior College prior to assuming the presidency of Harford.

He also built a reputation as a coach, and over the course of his teaching career, coached ice hockey, baseball and football.

After leaving Genesee, Dr. O'Connell served as state director for Community Colleges for Maryland and later returned to serve as president of Harford Community College.

Dr. O'Connell earned a bachelor's degree in History from the University of Hartford (Conn.); a master's degree in Education from the University of Hartford; a master's degree in History from Trinity College (Conn.); and a doctoral degree in Education from Columbia University.

He was a veteran of both World War II and the Korean conflict. Dr. O'Connell's wife died only days before his own death. Dr. and Mrs. O'Connell were parents of two children. The board of trustees named the college library in his honor in 1972.

It's the kind of call that probably doesn't fail to get under your skin, even if you have thick skin. A Sheriff's deputy was called to 3526 Galloway Road in the Town of Batavia within the past hour to check on an emaciated dog.

The poor pooch it seems was left behind when the occupants left. The house is reportedly in foreclosure and a rep for a foreclosure agency contacted authorities about the dog, who was chained up outside, apparently without food, since he sounds to be in bad shape.

Animal control is not on duty today, so it falls to the deputy to get the animal control paddy wagon and rescue Man's Best Friend. No other details were provided.

Wanted: hero.

UPDATE Nov. 19, 1:22 p.m.: I called the animal shelter to find out more about the dog, only to learn that: "The dog was not rescued. It apparently belonged to a neighbor."

So a dog described as being without food and water, "emaciated" and tied up behind a house that is in foreclosure is actually a pet owned by the people next door, or nearby, on Galloway Road. Strange to say the least. Didn't anyone miss him or hear his cries for help? This poor thing is back home. We can only hope that's a good thing.

A no-injuries accident involving a car and school bus is reported in the Town of Le Roy at Route 19 and Vallance Road. An officer is responding to take a report. No word on whether children are on the bus, which is obviously going to be delayed due to the mishap.

Update 3:31 p.m.: "I'm at 19 and Vallance. Got a better location?" the officer says to dispatch, noting there's a car on the shoulder of the road at that location, but no school bus. The officer says he going to check with the driver of the vehicle and comes back on and says the school bus was actually a school van, which apparently already left the scene.

This week the Genesee County Grand Jury issued the following indictments.

Bradley A. Clark is accused of criminal mischief, 2nd, a class D felony, for allegedly intentionally damaging another person's property on May 22. He is alleged to have damaged a 2007 Ford Fusion in an amount exceeding $1,500. He is also accused of criminal contempt in the first degree, a class E felony, because he allegedly violated an order of protection in the City of Batavia on May 22 and caused property damage exceeding $250. In a separate indictment, Clark is accused of first-degree Gang Assault, a class B violent felony. On July 3, he allegedly intentionally caused serious physical injury to another person and was aided by two or more persons present. In count two of the second indictment, Clark is accused of using a dangerous instrument, his footwear, to seriously injure a person in the area of Center Street in the city. That is a class B violent felony -- first-degree assault.

Ronald L. MacGregor is accused of knowingly using a forged prescription for the drug Oxycodone on Oct. 1, 2010, in the City of Batavia. He is also accused of criminal possession of a forged instrument in the second degree. Between Oct. 5, 2010 and Sept. 28 of this year, he allegedly used a falsely altered prescription for Oxycodone in the Village of Le Roy. Both counts of the indictment are class D felonies.

Shannon M. Graham is indicted for a misdemeanor crime of driving while intoxicated. It is alleged that on June 9, in the Town of Alexander, Graham drove a 2001 Hyundai on routes 20 and 98 while intoxicated. In count two of the indictment, Graham is accused of aggravated unlicensed operation in the first degree, a class E felony. Graham, it says, should have known his license was suspended and that he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine.

Jose L. Morales is indicted for burglary in the third degree, a class D felony, for allegedly knowingly entering a church in Bergen with the intention of committing a crime some time between Jan. 10 and Jan. 11. He is also accused of criminal mischief in the fourth degree, a class A misdemeanor, for allegedly intentionally damaging another person's property. This included a rear door, office doors, furniture and file cabinets. In the third count of the indictment, Morales is accused of petit larceny, a class A misdemeanor, for allegedly stealing money and postage stamps from a church in the Town of Bergen.

I went out to the Genesee Valley Agri-Business Park this morning to meet WHAM13's Sean Carroll and the amount of progress that has been made by construction crews since Tuesday was noticeable.

It was impressive seeing more than a half-dozen pieces of heavy machinery moving around the 81-acre parcel at breakneck speed. There is a clear sense of urgency to complete phase one of construction before the worst of winter sets in.

And seeing the sewer lines being installed felt like another piece of the puzzle falling into place. The Cedar Street sewer line connecting Main Street and the ag park was only finished last week.

PepsiCo started construction as soon as the sewer line project was complete, even though not too many major construction projects in WNY begin in the middle of November. Somebody is pretty serious about being ready to begin physical plant construction in the spring.

Carroll's report tonight on Rochester's Channel 13 will be not just about Project Wave, but the scope of the uptick in activity at the ag park and what it means for Genesee County.

A pair of Stafford residents were arrested this week, accused of selling drugs to an undercover agent of the Local Drug Task Force.

Taken into custody following a traffic stop was Pamela Predmore (McKenzie), 35, of Covell Road, Stafford.

Another resident of Covell Road, 33-year-old Jason L. McKenzie, turned himself in.

At the time of her stop, Predmore allegedly resisted arrest and was found in possession of a quantity of crack cocaine and a crack pipe.

She is charged with two counts of criminal sale of a controlled substance, 4th, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, 2nd, resisting arrest and aggravated unlicensed operation.

McKenzie was charged with two counts of criminal sale of a controlled substance, 5th.

Bail for Predmore was set at $5,000. McKenzie was jailed on $2,500 bail.

Uniformed deputies assisted the Drug Task Force in the arrest of Predmore.

Kevin G. Viehdeffer, 51, of 334 W. Main St., Batavia, is charged with falsely reporting an incident, 3rd. Viehdeffer is accused of calling the Emergency Dispatch Center and requesting an ambulance for himself when he, in fact, did not need medical attention. Investigators claim Viehdeffer made the call merely to test the response time of personnel.

Tori Ann Jewell, 34, Thomas Avenue, Batavia, is charged with petit larceny. Jewell is accused of stealing $16.19 worth of merchandise from Kmart.

Michael Law Kennedy, 26, of Prospect Street, Batavia, is charged with aggravated harassment, 2nd. Kennedy is accused of sending several text messages threatening physical harm to the alleged victim and his family. Kennedy was arraigned in Stafford Town Court and ordered to stay away from the alleged victim.

Press release:

The Batavia Area Jaycees are a group of young adults which organize events to enhance the community and each other’s leadership skills. Their longest-running project has been the annual home show, which they are ending after 58 years.

In its place, they are excited to unveil a much more relevant show to the community in 2012, the Genesee Region Expo.

This new concept will combine the proven components of their old home show with a more extensive representation of businesses in the Genesee region. A wider cross-section of local vendors should attract a greater number of local consumers.

The first Genesee Region Expo or GRE will be held at the Batavia City Centre from 10 a.m. to 5 p.m. on Saturday, March 3 and from 11 a.m. to 5 p.m. on Sunday, March 4. Admission for spectators will be free. There will be plenty of demonstrations, workshops, seminars and entertainment on the center stage all weekend long, plus a food court and raffle opportunities. Many businesses will also have items for sale.

There is space available for nearly 100 exhibitors. Interested vendors can call the Jaycee hotline at 585-343-5775 to request a vendor packet or go to www.jci.cc/batavia. This includes a price schedule which outlines early response and multiple-unit discounts.

The Jaycees are excited about offering this event to the community and look forward to breathing new life into something that has the potential to be of major importance for the Batavia area and Genesee region.