And they're off ... for the 66th season, there is live harness racing at Batavia Downs.

More than 3,000 racing fans turned out for opening night and they witnessed Shawn Gray, who captured Buffalo's 2012 driving title, notch three wins.

Two other of the nation's top drivers, Dan Noble and Jim Morrill Jr., were also featured on the night.

Route 33 is being shut down at Angling Road for an ATV vs. gas meter accident with a possible gas leak.

East Pembroke Fire Department on scene. Corfu fire police responding for road closure.

UPDATE 10:22 p.m.: All houses from the east of the incident location have been evacuated.

Two common questions around town about The 420 Emporium at 400 Ellicott St., Batavia, are "who owns it?" and "what does 420 mean?"

On the ownership question: Neither the City of Batavia nor Genesee County require business licenses. The store has not applied for (and apparently doesn't need) any sort of variance to operate nor has it applied for a sign permit. Technically, the store owner should apply for a "doing business as" fictitious name statement, but The 420 Emporium in Batavia has not done that, according to available records.

Amber Snover (inset photo), a Rochester resident, claims ownership on her Facebook page of the Brockport, Fulton, Henrietta and Syracuse outlets. 

This afternoon, The Batavian called Snover and asked if she owned the Batavia store. She claimed she did not. She also denied ownership of the Brockport, Fulton, Henrietta and Syracuse locations. She then hung up the phone.

We followed up with a text message and pointed out that she claimed ownership of the stores on her Facebook profile and she accused The Batavian of harassing her.

We then tried to call Joshua L. Denise, a Rochester resident who reportedly works at The 420 Emporium location in Batavia, and asked if he or Amber Snover owned the store and he immediately hung up the phone.

Snover represented The 420 Emporium at a Village of Brockport meeting in November after apparently running afoul of zoning rules that required a change of use permit for the 420 location at 14 Market St. The location had previously been a tattoo parlor and apparently Brockport's planning department needed to be notified of the change from service to mercantile.

Snover, according to the board minutes, said she was ignorant of the village's ordinance on the matter and apologized for not applying for the change before opening.

According to the minutes, Snover reportedly said she owned the store in Fulton.

Board members expressed concern about the depictions of marijuana in the shop's window and questioned why the store was open until midnight.

She reportedly said "that's when the sales are the highest."

Snover reportedly told board members she was previously employed at Look ah Hookah in Henrietta. That location was recently named in a lawsuit filed by the Attorney General's office aimed at curbing bath salt sales.

From the Viilage of Brockport Planning Board minutes:

Member Winner inquired what state agency determines what is appropriate in her store and she replied ATF. He asked if she had had any trouble with them and she said no, as a matter of fact, she just contacted ATF last week to see if it is okay to ID people at the door; they said it is fine. When asked if there had been any complaints filed with state or federal agencies, she said no. She was at her previous store less than one year and did have a fiduciary responsibility in that business.

At the time of the meeting, November 2011, Brockport PD reportedly walked through the store and found no illegal items on sale.

Snover reportedly gave two explanations to the board for the name "420 Emporium." One was that "420" is code for marijuana; the other that it was the date of a former partner's birthday.

The history of 420 as a code for marijuana goes back to 1971 when a group of San Rafael, Calif., high school students who called themselves "The Waldos" used to meet at 4:20 p.m. at a statue of French chemist and microbiologist Louis Pasteur to plan their search for a supposed secret, hidden cannabis crop in the area. By legend, 4:20 is the socially acceptable time to smoke marijuana.

Snover is also listed in domain name records as the owner of the420emporium.com, which she registered in February.

We are awaiting delivery of incorporation records from the NYS Division of Corporations, which should list the owner(s).

UPDATE 6:55 a.m., Tuesday:  It turns out the Monroe County Clerk's Web site has a copy of The 420 Emporium's incorporation application available. It lists a Charles D. Fitzgerald as the person who incorporated the company. Fitzgerald is mentioned as the owner of The 420 Emporium in Fulton in a story about his arrest on 42 counts of criminal possession of weapon when police allegedly found 43 brass knuckles in the store.

Fitzgerald, 36, the story notes, had a prior criminal conviction. The police made the arrest following an investigation into a reported theft of "incense" from the store. Fitzgerald was arrested in November. The incorporation application was filed in August. It lists the same address in Rochester that is associated with the domain registration for the420emporium.com, which lists Amber Snover as the owner of the domain.

Note that Snover mentioned a "former partner" in the hearing in Brockport, according to the minutes. Further research on the property address associated with the incorporation and the domain registration indicates it's actually in Greece, not Rochester.

There are some communities in Western and Central New York where law enforcement and emergency personnel have reported problems with users on "bath salts," but some communities have been untouched.

In the GLOW region, for example, Le Roy, Albion, Medina and Warsaw, according to law enforcement sources in each place, haven't seen many emergency calls related to bath salts.

In communities such as Batavia, Fulton, Utica, Watertown and Syracuse, however, there has been an explosion of calls for bizarre behavior, people having seizures, people demonstrating extreme paranoia and agitation.

What's the difference between these two sets of communities: In the villages and cities where there are problems, there is at least one retail shop -- usually a head shop -- suspected of selling synthetic drugs. Where no such shop exists, there haven't been many people buying and using the products.

In Batavia, first there was The Laughing Buddha, which was suspected of selling bath salts and other synthetic drugs until it closed around the beginning of May.

At about the time it closed, The 420 Emporium opened at 400 Ellicott St.

There are four other 420 Emporium locations in New York. The first one opened in Fulton in September 2011. A short time later, a second head shop opened in Fulton.

"Ever since that store came to town, well, let me put it this way, we never had a bath salt problem until these stores came to town," said Sgt. Joseph Agigo of the Fulton PD. "It seems to have contributed to the problem. It may not be the only source of the problem, but it has contributed to it."

While bath salts and other synthetic drugs are available online, an online purchase requries a credit card and creates a paper trail. For a person on parole or probation, that could be a problem.

When a retail store allegedly sells synthetic drugs, anybody with cash and knowledge of the location can acquire a product that may or may not have been banned by state or federal law.

Sgt. Steven Hauck, public information officer for the Utica PD, doesn't want to overstate the level of bath salt problems in his city, saying that because his department's policy is to be completely transparent about the issues it deals with, Utica got more media attention than some other municipalities.

However, Hauck said there is certainly a correlation between ease of access to a retail location that seems to be selling synthetic drugs and the problems it creates in a community.

"Part of the thing with any type of drug is a person's ability to obtain that drug," Hauck said.

What Hauck said he doesn't understand is why a business that might otherwise be legitimate would want to get involved in something as ethically questionable as selling synthetic drugs.

"The thing I've always found really odd about the whole bath salt thing is that while I can understand to a certain degree, though I certainly do not condone it, a person on a street corner selling crack or selling marijuana, these are businesses, legitimate business," Hauck said. "Why would you want to get involved in something that you hear every day is killing people?"

The 420 Emporium's Web site lists locations in Rochester, Henrietta, Brockport (top photo), Syracuse, Fulton and Batavia.

The bath salt issues in Batavia are well documented. Fulton's police have dealt with bath salt issues. Media reports confirm numerous bath salt issues in Syracuse, though there are other possible retail outlets allegedly selling the compounds in that city. 

As far as Brockport, its chief of police has not responded to multiple phone calls and emails requesting comment. The Batavian did speak to a lone police officer Saturday who said he wasn't aware of any problems related to 420 in Brockport; however, Jason Lang has told The Batavian previously that he has purchased bath salts in Brockport.

An accident with unknown injuries is reported on the Thruway in the vicinity of mile marker 375.2. A box truck was westbound then crossed over the center divide and came to rest on the north side of the roadway. Le Roy fire and ambulance are responding.

UPDATE 6:33 p.m.: A responder on scene says the vehicle is in the trees at the side of the Thruway.

UPDATE 6:46 p.m.: Injuries, if any, are very minor.

Shawn Alfred Johnson, 18, of Rochester, is charged with forgery in the first degree, a Class C felony. Johnson is accused of passing fake $20 bills at Darien Lake Theme Park. Johnson was allegedly passed eight counterfeit bills and a total of 32 counterfeit bills were recovered at Darien Lake by staff and police.  The investigation is continuing and more charges are pending. Johnson was held on $15,000 bail.

John A. Cabrera Jr. (photo), 22, of 111 State St., Batavia, is charged with criminal mischief, 4th, and criminal tampering, 3rd. Cabrera is accused of damaging the holding room at the Batavia PD headquarters and tampering with video surveillance cameras. Cabrera is a suspect in a burglary early Sunday morning at St. Paul's Lutheran Church.

Chance M. Towne, 17, of 106 Ave. A, Apt. E, Lake Park, Iowa, and Anthony J. Spearance, 26, of 107 Washington Ave., Apt. A1, Batavia, are charged with criminal trespass, 3rd, and petit larceny. Towne and Spearance are accused of entering property owned by the City of Batavia and stealing scrap metal.

Steven Anthony Masetta, 53, of North Lake Road, Bergen, is charged with harassment, 2nd. Masetta is accused of pushing another person during a domestic incident.

Alyssa Jayne Hendrix, 17, of East Main Street Road, Batavia, is charged with unlawful dealing with a child. Hendrix allegedly hosted an underage drinking party.

Scott James Hinze, 25, of Genesee Street, Corfu, is charged with DWI and driving with a BAC of .18 or greater. Hinze was reportedly found in his car parked on the roadway in front of his residence acting suspiciously at 1:47 a.m., Sunday, by Deputy Howard Carlson.

Jon Hoyt Bush, 29, of Oak Orchard, Elba, is charged with criminal contempt, 1st, and harassment, 2nd. Bush is accused of biting a person who was reportedly under the protection of a court order. Bush was jailed on $500 bail.

Milton H. Simmons, 29, currently residing at 14 W. Main St., Batavia, is charged with assault, 2nd, and criminal mischief, 3rd. Simmons allegedly punched another Genesee County Jail inmate in the face causing the inmate's denture plate to break. The alleged victim also suffered a swollen jaw. Simmons was arraigned in city court and returned to jail without bail.

Brenda A. Richardson, 45, of Basom, is charged with DWI and driving with a BAC of .08 or greater. Richardson was stopped at 10:25 p.m., Saturday, in the Town of Shelby, by State Police.

Gilberto Gonzalez, 26, of Albany, is charged with disorderly conduct and resisting arrest. Gonzalez was arrested by State Police at a location on Veterans Memorial Drive for an alleged incident reported at 5 p.m., Saturday. No further details were released.

Jamie Bachorski, 18, of Oakfield, and Mark A. McNutt, 18, of Oakfield, are charged with unauthorized use of a vehicle. Bachorski and McNutt were arrested by State Police in connection with an alleged incident reported at 2:54 p.m., Friday. No further details were released.

Melissa L. Coufal, 42, of Bergen, is charged with DWI and driving with a BAC of .08 or greater. Coufal was stopped by State Police at 9:29 p.m., Thursday, in Bergen.

A 41-year-old Corfu resident who rolled a sedan in a single-vehicle accident on Wilkinson Road on Sunday evening is in guarded condition at Strong Memorial Hospital this morning.

Raymond Pfalzer, a resident of Brown Road, reportedly suffered a serious head injury in the accident and was transported to Strong by Mercy Flight.

The accident was reported at 8:20 p.m.

Pfalzer was reportedly southbound on Wilkinson Road and failed to negotiate a turn onto Brown Road. His 1976 Chevy two-door sedan began to fishtail and the car went off the west shoulder, striking a utility pole and making a complete rotation before coming to rest on its wheels.

Charges may be pending against Pfalzer.

According to protocol at Strong Memorial Hospital, when a patient is listed in guarded condition it means he's in the intensive care unit.

The accident was investigated by Deputy James Diehl.

East Pembroke Fire Department and Mercy EMS assisted at the scene.

(Initial Report)

View Larger Map

The following four people were arrested by Sheriff's Office in connection with the Allman Brothers / Santana concert at Darien Lake Performing Arts Center on Sunday evening.

Christine L. Guiher, 40, of Sheridan Park, Tonawanda, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance while being ejected from the concert venue and then physically resisting arrest, Guiher was arraigned in Darien Town Court and jailed on $500 bail.

Connor B. Holly, 24, of Gradiner Park, Rochester, is charged with DWI and driving with a BAC of .08 or greater after allegedly being found operating a motor vehicle in the parking lot while intoxicated.

John D. Romero, 20, of Reddick Lane, Rochester, is charged with unlawful possession of marijuana and possession of alcohol under 21.

Megan E. Wells, 19, of Honeoye Falls Road, Honeoye Falls, is charged with unlawful possession, of marijuana and possession of alcohol under 21.

There were 21 citations issued for alleged possession or consumption of alcohol under age 21.

Karl V. Langrek, 19, of Middle Road, East Concord
Tyler R. Johnson, 19, of Tonawanda Creek Road, North Tonawanda
Benjamin R. Rupert, 19, of Robinson Road, Lockport
Justin E. Mast, 20, of Creek View Drive, Clarence Center
Austin B. Renz, 18, of Swamp Road, Auburn
Maxwell G. Johnson, 17, of East Lake Road, Skaneateles
James S. Mills, 18, of West Lake Road, Skaneateles
Bridget A. Field, 18, of Bishop Hill Road, Skaneateles
Matthew M. Hurley, 19, of Clardon Drive, Williamsville
Kaitlyn M. Hayes, 18, of Lake Street, Perry
Dylan M. Fox, 20, of Division Street, Pike
Alan J. Warren, 20, of Crotty Road, Fillmore
Steven C. Trubia, 18, of Windmill Trail, Rochester
Kevin Q. Widzinski, 18 Hubbard Street, North Chili
Samuel K. Knapton, 19, of Dewey Street, Churchville
Jessica B. Emick, 20, of Whitehouse Road, Portville
David L. Rubach, 19, of Lincoln Road, Snyder
John S. W. Yanity, 20, of Koster Row, Amherst
Eoghan L. Connors, 20, of Autobon Drive, Snyder
Michael P. Lempko, 20, of Berryman Drive, Amherst
Kyle C. Dains, 20, of Chateau Terrace, Amherst

The photo above depicts a Canadian sunset over a placid and serene Lac Remigny. The photo was provided courtesy of Batavians Larry Smith and Paul Barrett, two longtime outdoorsmen who head to the North Country in pursuit of black bears.

It turns out the pair had themselves an adventure, one they chose to share with The Batavian. And as you will see from their photos, in addition to their pursuit of black bears, the pair took time to enjoy the scenery, the wildlife and the hospitality.

Their trip began in early June with an eight-hour drive to Remigny, Quebec, Canada, where Barrett and Smith renewed acquaintances with Mark Kepka and his wife, Gosia, the owner/operators of Camps Ronoda. 

Barrett and Smith arrived at Remigny on Saturday, June 9th and the next evening ventured to their assigned hunting locations for the first time. Hunting 16 miles from camp and posted three miles from one another, both Batavians saw bears that first evening on stand. Photo above shows the roads and terrain they traveled through to get to their stands.

"I saw my first bear in the wild that Sunday evening," said Larry Smith, who was hunting from a ladder stand.

Heeding the camp owner's words, he passed on the opportunity to shoot even though the bear was within 20 yards of him.

"The bigger bears will tend to show up later in the week. Because you are a 'strange' odor in the area, the big bears will keep their distance until they get accustomed to your scent," Smith said, echoing his host's advice. "During that time you tend to see smaller bears. Mark told us to be patient, wait until midweek if we want to see bigger bears."

Instead of shooting, Larry put his camcorder to use and got some footage of his first bruin encounter.

That same evening Paul Barrett also had an encounter with a black bear, though a bit more confrontational than this marauding raccoon he photographed as it raided the bait bucket.

Unlike his companion, Barrett was not in a ladder stand, but instead situated on a rock outcropping overlooking the bait pail.

"A big bear came in from right to left, 12 feet below and 20 yards away," he said. "It sniffed the air then ran off into thick brush. Ten minutes later I heard his teeth snapping -- definitely not a good sign. The bear was by that time behind me, over my left shoulder about 20 feet away. Now above and behind me, the bear lumbered back and forth, trying to get me to move," he continued.

With his Remington model 700 338/06 custom-built rifle in his lap, Paul opted for his camcorder and, as his companion had done, got several minutes of footage, albeit in dense brush. The bear eventually walked off.

On Tuesday, June 12th, Larry Smith was once again seated in his ladder stand when, at about 8 p.m. he noticed movement on the ground below and to his left.

"She came in on the same path I had used to walk in four hours earlier," he said. "She stopped briefly at the base of my ladder and looked up at me before moving on. She went straight to the bait pail, situated 6 feet off the ground and full of ground up cookies and meat scraps." It was noted that the bait pails are placed at the 6-foot height to give the hunter an indication of the bear's size. 

"She reared up on her hind legs facing away from me and began removing meat scraps from the pail, at which time I decided to harvest this bear." A single 180-grain bullet from Smith's Remington 700 30-06 did the trick. "She fell backward, then ran about 25 yards before she collapsed," he concluded.   

By then it was getting dark in the dense woods and, having previously heard reports of wolves -- or even larger bears -- that will come in to a kill, Larry thought it a good idea to get the outfitter on his way.

"He needed to travel 16 miles and offload his ATV so let's get him started in this direction," he thought to himself. When Mark Kepka arrived the first words out of his mouth -- before spotting the bear -- were, "Is it dead?" His concern was tracking a wounded bear in the the bush, nighttime or otherwise. I was also informed Kepka carries no gun in such a situation, only a flashlight and a knife. The task of finishing off a wounded bear is left to the hunter.

Paul Barrett was also at the scene by the time Mark Kepka had arrived. And he had some news of his own.

"I was sitting on the same rock outcropping when I heard Larry's shot. I immediately texted him and learned of his kill. I then texted my wife, Kathleen, back home in Batavia to her inform her of Larry's kill." 

No sooner had Paul done that when he had a visitor.

"Approximately seven minutes after texting my wife, a bear approached from behind and over my right shoulder. It then wandered off to my right for a couple of minutes before circling around me and heading directly for the bait. It stood on its hind legs and I put one shot right between the shoulder blades."     

Meanwhile, Larry is back at his stand, not having heard the report of his companion's gun and waiting for Mark to arrive. At this time he, too, decided to text his wife, Julie, and daughter, Melissa. Like Kathleen, their reaction was one of excitement, delight and enthusiasm.

Paul's big boar weighed in at 400 pounds, while Larry's tipped the scale at 200. The bears were 5 and 9 years of age and by their calculations, they were taken 11 minutes apart.

"The morning after the bear harvest we had a photo shoot before Mark and his dad, Henry, skinned and quartered both bears before freezing them. We each brought back four quarters of bear meat plus the pelts," said Paul, who plans on having a rug made from his bear hide while Larry opted for a full standup mount. 

Both Paul Barrett and Larry Smith pointed out that when they began the search process for an outfitter, the Kepkas came highly recommended and they actually met with them three times prior to their hunt.

"I would classify the Kepka's operation at Camps Ronoda as remarkable -- accommodations, meals, hospitality, amenities, all of it," Larry Smith said.

His sentiments were echoed by Paul Barrett who also lauded the culinary skills of Gosia Kepka.

"Truly remarkable. She cooked two meals a day, breakfast and dinner," he said. When I asked about lunch, he quickly added, "you don't need lunch -- the portions at breakfast and dinner are huge."

Camps Ronoda has been outfitting sportsmen since 1948. In addition to bear hunters, they serve fishermen, duck and goose hunters and offer grouse, woodcock and small game hunts. 

They can be contacted at:

1337 Rue de L' Eglise

Remigny, Quebec, JOZ 3110

1-877-761-2591

On Saturday the Tonawanda Valley Youth Ladies Fastpitch Softball League (TVYLFSL) hosted a Junior Division small ball softball tournament to benefit Crossroads House.

Four teams of 10-12-year-old girls participated, representing Batavia, Le Roy and Byron-Bergen.

Participants and their families were asked to bring donations from the Crossroad House wish list.

http://www.crossroadshouse.com/

"Crossroads House is a comfort care home for those who have a terminal illness and have been medically determined to be in the last three months of life. Crossroads House is an alternative to a hospital or nursing home when care can no longer be provided in the patient's own home."

Le Roy 2 coached by Micky Hyde won the tournament. Tied in points going into the last game with Le Roy 1, Hyde's team scored a run in the last inning to pull off the win.

More pictures from the games can be found here.

Democrat and Chronicle: East Rochester turning duplexes back into single-family homes

A car is reportedly in a ditch at Brown and Wilkinson roads, unknown injuries, and a power line was taken down as a result. Emergency responders are told to proceed with caution. East Pembroke Fire Department and Mercy medics are responding.

UPDATE 8:29 p.m.: The caller states the vehicle has one occupant. The high-tension wires are across the roadway and it is "completely blocked." A train close to or crossing Wilkinson Road is stopped. The driver has head injuries and Mercy Flight and a landing zone set-up are requested. But Mercy Flight says there's no Batavia bird available; checking on Buffalo now.

UPDATE 8:36 p.m.: The driver has serious injuries. A brother is on scene. National Grid is notified.

UPDATE 8:43 p.m.: A Mercy Flight helicopter is expected to arrive from Canandaigua in about five minutes.

UPDATE 8:46 p.m.: The helicopter is expected any second now. It will land north of Brown Road, on the east side of that road. Fire police are on scene also.

UPDATE 8:49 p.m.: National Grid is on scene.

UPDATE 9:04 p.m.: The patient is described as a 52 41-year-old male who was thrown from the vehicle and has symptons consistent with a serious head injury.

UPDATE 9:28 p.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital in Rochester.

A fence is reportedly on fire at 21 North St. City firefighters are responding.

UPDATE 2:50 p.m.: The fire is out.

Four more burglaries, two at churches, were reported Sunday morning and a suspect was taken into custody, Batavia PD reports.

John A. Cabrera Jr., 22, of Batavia, was allegedly caught in the act of burglarizing St. Paul's Lutheran Church in Batavia.

It's unknown how it came to Batavia PD's attention that an alleged burglary was in progress at St. Paul's.

Right now, Cabrera is a suspect only in the alleged St. Paul's burglary.

A burglary was also reported this morning at Ascension West (formerly St. Anthony's Church) on Liberty Street (photo).

The 10:30 mass was canceled after the burglary was discovered.

There was also burglaries reported at the Genesee County Nursing Home and Parkside Manor Apartments.

Detectives say DNA evidence was collected at least one scene in the overnight burglaries.

Three church burglaries were reported July 8 in the city. DNA evidence was collected at least one of those locations.

A person was injured while playing on the ice at Falleti Ice Arena. He's down on the ice, unconscious. City fire is on scene and Mercy medics are responding. The arena is at 22 Evans St.

UPDATE 12:14 p.m.: City police also responded and they are back in service along with the firefighters. Mercy is transporting a male to UMMC.

More than 1,000 people -- when organizers considered 700 fans a good turn out -- showed up at the tractor pull at the Genesee County Fairgrounds on Saturday evening.

Competitors brought their machines -- small, medium and mighty -- to compete in various classes of competition, from stock, street-legal trucks and modified law tractors up to souped-up full-sized tractors.

If you're unable to view the slide show below, click here. To purchase prints of these photos (or previous fair photos) click here.

A 19-year-old Caledonia resident is being charged with three crimes after allegedly throwing an 8-month-old child down onto a chair and obstructing the baby's breathing.

Cody Allen Phillips is charged with reckless endangerment, 2nd, criminal obstruction of breathing and endangering the welfare of a child.

All three charges are misdemeanors.

The alleged incident, possibly in connection with a domestic argument, was reported at 9:30 a.m., Saturday, at a location on Route 20, Alexander.

Phillips was arraigned and jailed on $1,500 bail.

Le Roy residents should be on the alert for a daytime burglar who is looking for undetectable entry and taking easy-to-carry valuables, according to Le Roy Police.

The village has been hit by three burglaries in the past eight days

The burglar is forcing entry at a spot that is concealed from view, or finding quick/fast entry points.

He is stealing items that can be grabbed quickly, easily carried and easily sold.

Burglaries were reported July 14 on South Street, Friday on Wolcott Street, and yesterday on Exchange Street.

Police encourage residents to ensure all valuables are stored in a safe and secure location.

Anybody spotting suspicious activity is encouraged to call 9-1-1.

Five people are reportedly out of the vehicle and walking around after a rollover accident on the off ramp of the Thruway in Batavia.

Unknown extent of injuries, if any.

Batavia Fire Department responding.

UPDATE: Batavia's assignment held to Engine 24, non-emergency.

UPDATE 10:12 a.m.: Engine 24 back in quarters. Mercy EMS transporting five minors to UMMC, all with very minimal injuries.