One person is believed still in the vehicle after a one-car rollover accident on the Thruway near mile marker 290.8.
Town of Batavia Fire and Mercy EMS dispatched.
UPDATE 3:12 a.m.: One occupant, out of the vehicle, declining medical treatment.
UPDATE 3:26 a.m.: Town of Batavia back in service.
State Police conducted a DWI checkpoint Saturday evening on Route 5 in the Town of Pembroke.
Six people were arrested:
Mercy Flight is called to the Darien Fire Hall to aid a female. Medics are on scene. Mercy Flight out of Batavia will respond; no ETA given.
UPDATE 9:07 p.m.: The only further information I have is that this is a motorcycle vs. pedestrian accident and the pedestrian was injured. It happened near tonight's sold-out country concert at Darien Lake.
UPDATE 2:40 a.m. (By Howard): Jessica Freeman, 23, of Rochester, was a passenger in a vehicle, according to a State Police release, in the northbound lane of Route 77. The vehicle was stopped in heavy traffic when Freeman got out of the vehicle and attempted to cross Route 77. Troopers say she "ran directly into the path of a motorcylcle operated by Frank Pfalzer, 35, of Akron." Freeman was flown to ECMC. She suffered head and facial injuries. Pfalzer was not injured and not charged.
A dirt-bike accident is reported 1858 Main Road in Pembroke. The location is between Boyce and Cleveland roads. A rider is down and has trouble breathing. Mercy Flight out of Buffalo is flying to the scene, described as way off the roadway, on or near the railroad bed.
UPDATE 3:13 p.m.: East Pembroke Fire Department and Mercy medics are responding. The fire crews will use four-wheelers to access the site and set up the landing zone.
UPDATE 3:17 p.m.: There are two victims. One is a 15-year-old girl being taken to UMMC by Mercy medics. She has a right eye injury. The landing zone is set and the bird is three minutes out. The other patient is a male who is conscious but has a head injury.
UPDATE 3:22 p.m.: Mercy Flight will be transporting to Erie County Medical Center.
UPDATE 3:26 p.m.: Mercy Flight landed two minutes ago.
UPDATE 3:37 p.m.: Mercy Flight is headed to ECMC.
UPDATE 3:42 p.m.: East Pembroke is back in service.
Press release:
Representative Kathy Hochul (NY-26) announced that the Office of National Drug Control Policy (ONDCP) has awarded $125,000 from the Drug-Free Communities (DFC) Support Program to the Genesee County Drug-Free Communities Coalition in Batavia.
The funding will be used to involve and engage the local community to prevent substance abuse among youth.
“I am pleased that the Drug-Free Communities Support program recognizes the great work of the Genesee County Drug-Free Communities Coalition,” Rep. Hochul said. “With the recent rise in the abuse of prescription drugs and bath salts among young people, it is imperative that our communities have the necessary resources to help young people overcome these life-altering addictions, particularly in our rural areas.
"Working together to keep our youth drug free is critical to creating strong communities that are safe, healthy, and drug free. This funding will provide the support necessary to implement substance abuse education and prevention programs across Genesee County.”
The DFC Program was created by the Drug-Free Communities Act of 1997 and reauthorized by Congress in 2001 and 2006. Since 1998, ONDCP has awarded more than 2,000 Drug-Free Communities grants nationwide.
A traction motor fire on a train rail car is reported on the CSX main line west of the Jericho Road crossing, south of the tracks, in Bergen.
A non-emergency response is requested and Bergen Fire Department is on scene.
UPDATE 8:32 p.m.: People are notified that an Amtrak train will be rolling down the line in about 15 minutes.
UPDATE 8:45 p.m.: The matter is resolved. Bergen is back in service.
Earl Key (top photo, Jacquetta Simmons leaving court with Ann Nichols following the verdict).
Lawrence Friedman
Asked if his client, Jacquetta B. Simmons, got a fair trial, attorney Earl Key said, "I'm going to appeal that, so we'll see."
Earlier, as reporters walked with him as he left the courthouse, Key declined to say on what basis he might appeal the conviction.
Expanding on the fair trial thought, however, Key said it's possible intense local and regional media coverage made it much harder to ensure Simmons had her case heard before a fair and impartial jury.
"I think the media coverage -- no offense to you guys at all -- definitely hurt her chances of a fair trial," Key said. "As you heard during jury selection, we didn’t have one juror that said -- well, we had a couple, but not very many – who said they had not heard about this case.
"Even the ones who were on the panel had said they had formed an opinion, but they said they could set that aside and be fair and impartial, and the judge accepted their word at that."
Simmons, the 27-year-old Batavia woman convicted today in Genesee County Court of assaulting a 70-year-old Walmart employee, will be sentenced Nov. 15.
District Attorney Lawrence Friedman disagreed with Key's assertion.
"You were there for jury selection," Friedman said. "We went through an unusually large number of people to seat a jury. Obviously there were a lot of people who came through saying they had seen coverage, way more than we’re used to, and they had formed an opinion and, unfortunately, many people said they couldn’t set those opinions aside, and of course they didn’t wind up on the jury."
Key said he was obviously disappointed in the outcome of the case and that he firmly believes the video evidence presented at trial clearly shows a Walmart employee grabbing his client's arm and that she is trying to break free of that grasp when she strikes Grace Suozzi.
"In certain spots, the video is unclear," Key said. "I don't know that they (the jury) saw it the way I saw it."
Asked by a reporter if he thought Sharon Reigle, a Walmart customer service manager, lied on the stand about grabbing Simmons, Key didn't answer the question directly, but said, "She absolutely grabbed her arm, in my opinion."
During the trial there were several profane statements attributed to Simmons that were racially charged.
Some readers of The Batavian have questioned why Simmons wasn't charged with a hate crime.
Friedman said the facts of the case didn't fit the penal code, which requires that race be proven as a motivating factor in the crime.
"Clearly there were comments made, particularly later in the sequence of events, that relate to the race of the victim," Friedman said. "We didn't see necessarily that the crime occured because of the race of the victim."
Simmons was convicted under a relatively new New York statue that makes it a Class D felony for a person 10 years younger than a victim who is 65 or older to assault such a victim.
Originally, Simmons was also charged with the more straightforward assault in the second degree charge, which requires proof of intent to cause serious physical injury.
Prior to the start of the trial, Judge Robert C. Noonan ruled there was insufficient evidence to charge Simmons with intent to cause serious physical injury, so he reduced the charge to a misdemeanor of assault, 3rd.
Without the enhanced assault 2nd charge, the so-called elder-abuse statute, Friedman would have been left with no choice but to prosecute Simmons on the misdemeanor, which carries a maximum sentence of one year in jail.
While such crime enhancements are often controversial among civil libertarians, Friedman said any time there are additional ways to charge a perpetrator with a crime it "helps keep society safer."
"I think it's appropriate for obvious reasons," Friedman said. "You're dealing with more vulnerable victims, either young children or older adults, who are more vulnerable to injuries that can be much more serious. So from my perspective, it's absolutely appropriate."
Simmons turned down a plea bargain several weeks ago that would have capped her sentence at three-and-a-half years in state prison with an available sentence to Judge Noonan of straight probation (no jail time).
Now she's facing a sentence that ranges from probation up to seven years in prison.
A Genesee County jury of 10 women and two men has found Jacquetta B. Simmons, 27, of Batavia, guilty of assault in the second degree.
Simmons will be sentenced at 9:15 a.m., Nov. 15. She's free on bail pending sentencing.
A fire is reported on the outside of a house in Oakfield at 56 S. Main St. Oakfield Fire Department is responding.
UPDATE 2:54 p.m.: The fire is out. Oakfield will still be responding to investigate and to check the structure with a thermal imaging camera.
A two-car accident, which is blocking traffic, is reported at East Main Street and Harvester Avenue. City police are on scene and city fire and Mercy medics are responding. No injuries.
UPDATE 2:37 p.m.: Now they say there are three vehicles involved.
UPDATE 2:57 p.m.: City fire is back in service.
Two attorneys, two different interpretations of what a video surveillance recording from Dec. 24 inside Walmart shows actually happened when 70-year-old Grace Suozzi was hit by 26-year-old Jacquetta Simmons.
There's no dispute, said defense attorney Earl Key, that his client hit, or even punched, Suozzi.
What the recording clearly shows, Key said, is that a Walmart store employee grabbed Simmons by the arm and Simmons tried to swing free and accidentally hit Suozzi.
Like Key in his closing statement in the trial of Simmons on a charge of assault in the second degree, District Attorney Lawrence Friedman went through the video frame by frame and pointed out to jurors that the recording shows something very different than what Key said it shows.
The video shows, Friedman said, that customer service manager Sharon Reigle, isn't even close enough to Simmons to be holding her arm when Simmons starts her swing.
As Simmons starts that swing, Friedman said, you can see Suozzi stepping back, realizing, as she testified, that Simmons is going to try and hit her.
As Simmons hits Suozzi, Friedman said, Simmons is looking directly at Suozzi. In the next frame, Friedman said, you can still see Simmons looking directly at Suozzi as she falls backward to the floor, and Simmons is still looking at Suozzi, Friedman said, as Suozzi slides across the floor.
Those actions, Friedman said, contradict Simmons' claims that she didn't intend to hit Suozzi and that she didn't know she hit and injured Suozzi.
In closing arguments, the defense always gets to make its case to the jury prior to the prosecution.
Key went through the testimony witness by witness, arguing that the prosecution failed to prove the most important fact under dispute: Whether Jacquetta Simmons intended to hit and injure Grace Suozzi.
"You can see clearly from that video that she is being held," Key said. "You can see that she's swinging her arm away. The prosecution has the obligation to prove my client intentionally hit Ms. Suozzi. We all know Jacquetta hit Ms. Suozzi. They have to prove she did it intentionally."
Going through witness testimony, Key noted that Alex Derefinko said he saw a small scuffle before Simmons hit Suozzi.
While Reigle denied grabbing Simmons, Key told jurors she had a motivation to lie because by her testimony the 10-year Walmart employee knows she would be fired if she touched a customer.
While Dylan Phillips testified that he saw Reigle four or five feet away from Simmons, Key said the video shows Reigle standing right next to Simmons.
As for Suozzi, Key said, she is of course a sympathetic person, but that doesn't mean her version of events is what actually happened.
"I submit to you that Grace probably really believes that Jacquetta hit her on purpose," Key said. "But just because you believe something doesn't make it true."
While Key acknowledges that Simmons used obscenities during the incident, he said the most inflammatory statements were not substantiated by second witnesses. In each case, he said, only one person testified to those specific statements.
For example, outside of Walmart, Samual Hackenberg testified that heard Simmons say, "I don't give a fuck about these dirty white people."
Key said the accusation isn't believable because Hackenberg didn't even mention the statement until a month after the incident and nobody else said they heard it.
Even though Hackenberg claimed Simmons said it while standing next to a police car, Key noted that Trooper James Baines didn't include the statement in his report (Baines testified that all suspect statements are included in reports) and didn't repeat the statement during his testimony.
Regarding the testimony of Randy Johnson, Key said it was noteworthy that the prosecution didn't call Johnson, who testified that he saw Reigle grab Simmons.
Johnson also testified that he saw Simmons trying to leave before the punch was thrown.
"They didn't call anybody who disagreed with their theory of the case," Key said. "This trial is supposed to be a search for the truth, not a win at all costs. Let's hear from everybody and let you decide for yourself."
He criticized Friedman's attempt to impeach Johnson by going through a long list of police contact with Johnson that involved Johnson's mother.
"Friedman beat him over his head about things that had to do with his mother," Key said. "But do you disbelieve his testimony because he has trouble with his mother?"
Key told the jury to note that it wasn't the defense that brought race into the trial; it was the prosecution.
He said both Jacquetta and Isaac testified that they were upset on Christmas Eve because they thought they were being accused of stealing. Neither mentioned being upset about anything related to race.
Key closed by emphasizing that the prosecution has the burden to prove Simmons intentionally hit Suozzi, and if there is reasonable doubt that she did not intend to hit Suozzi, then the correct verdict is "not guilty."
"If you say you don't know whether she is guilty or not, that's not guilty," Key said. "If you don't know, that's not guilty."
Friedman said there are three elements of the crime the prosecution must prove.
First, that the victim was injured; second, the age differences of the defendant and the victim; and, that Simmons acted with intent.
There is no dispute over the first two, elements, Friedman said, so that leaves intent and the evidence and testimony, he said, certainly proves intent beyond a reasonable doubt.
Multiple witnesses, Friedman said, testified they saw Simmons pulling her arm back to take a swing at Suozzi.
Simmons acknowledged, Friedman said, that she wasn't going to show Suozzi her receipt.
On the subject of Johnson's testimony, Friedman said Johnson's testimony in court contradicts a statement he gave to police on Dec. 24 and that Johnson admitted that, based on his experience as a boxer, he thought it looked like Simmons intentionally positioned her body to throw a punch.
Friedman also noted that Johnson, who was called to the stand by the defense, testified that out in the parking lot Simmons warned Johnson, "Watch it, or you could get it, too."
That's not the statement, Friedman said, of somebody who just hit an elderly woman accidentally.
Also in the parking lot, Isaac Simmons was on the phone with his mother and he acknowledge telling her, "Mom, Jac just punched somebody and she's going to jail."
"That doesn't sound like somebody who just saw his sister accidentally hit somebody," Friedman said.
Friedman also took aim act Jacquetta's credibility.
Simmons had said she didn't even know she hit Suozzi until two hours later when she viewed the surveillance video at the police station, but evidence and testimony, even her own, Friedman said, contradicts that claim.
For example, Simmons testified that somebody in the parking lot told her, "You can't hit a white woman like that."
"When Trooper Baines showed her the video, after it was over, he said, 'I don't know how you're going to justify this,' " Friedman said. "She just shrugged her shoulders. She was agreeing with him. She couldn't justify it."
Following closing arguments, Judge Robert C. Noonan explained the rules of evidence and the law to the jury, a process that took close to an hour.
Around 12:30, the jury began deliberating. About 15 minutes later, Noonan received a note from jurors asking to review the video evidence.
The jury was brought back into the courtroom and the video was played while they all sat in the jury box, leaning forward trying to get the best view possible of the video.
The jury is currently back in deliberations.
UPDATE 2:09 p.m.: The jury has returned to the courtroom to view again the video of Suozzi being hit. They asked to be situated closer to the viewing screen and to watch it both in real time and four times frame-by-frame with a three-second pause between each frame. The video is now being projected on the back wall of the courtroom, closest to the jury box.
Press release:
State Senator Michael H. Ranzenhofer will sponsor a free car seat safety check from 10 a.m. to noon tomorrow at the Genesee County Sheriff’s Office, 165 Park Road in Batavia.
“Every parent knows installing a car seat can be difficult," Ranzenhofer said. "Certified technicians from local police agencies will be on hand to check your child’s car seat.
"I encourage all parents, as well as grandparents, to stop by to have their child’s car seat checked this Saturday morning. Even if you may think it has already been installed properly, it never hurts to double-check."
According to the National Highway Traffic Safety Administration, car seats decrease the risk of fatalities in cars by 71 percent for infants and 54 percent for children, ages 1 to 4 years old. An inspection of 3,500 car seats in a study found that 72 percent were not correctly installed.
The program is being held in conjunction with the Genesee County Sheriff’s Office, Le Roy Police Department and City of Batavia Fire Department.
“Many parents don't know the importance of having their child properly secured in a car seat to prevent serious injury if involved in a car crash," said Genesee County Sheriff Gary Maha. "This is a great opportunity for parents to learn how to properly install their child's car seat and there is no charge for this service."
Car seats are inspected on a first-come, first-served basis. An appointment is not necessary. Residents can contact Senator Ranzenhofer’s District Office at (716) 631-8695 for more information.
Quilt lovers will have their pick of everything from fabrics to fancy threads, from big to small, and from modern to traditional at the "Stitches in Time 2012 Quilt Show."
This is the Museum Quilt Guild's biennial quilt show, and it will take place from 10 a.m. until 6 p.m Friday, Oct. 19 and from 10 a.m. until 5 p.m. Saturday, Oct. 20. It will be at the Alexander Fireman's Recreation Hall, at 10708 Alexander Road/Route 98 in Alexander.
Included in the two-day event will be a vendor's mall, a boutique where people can buy quilts, a silent auction and a raffle.
Raffle tickets will be available at the following venues:
All quilts, including the raffle quilt (which can be viewed at the above locations), are made by guild members. Admission is $5.
Guild Publicity Chairperson Mary Ellen Hartwick said the proceeds will be donated to the Veteran's Administration, the Holland Land Office Museum and "a very active Community Service Program" (quoted from press release).
"Through the Community Service Program," Hartwick said, "many, many quilts are made and donated each year to organizations such as All Babies Cherished, the YWCA for their Domestic Violence Shelter, St. Luke's Mission of Mercy and the Batavia Agri-Business Child Development Center."
They have also donated quilts to fundraisers for organizations such as Habitat for Humanity, Genesee ARC, the Gillam-Grant Community Center and HomeCare & Hospice.
Guild meetings are held the third Saturday of every month at the Batavia VA auditorium, at 222 Richmond Ave. in Batavia. Meetings are from 9:30 a.m. until noon, and anyone who is interested in making quilts is encouraged to attend.
For more information on the quilt show, contact Hartwick at emmy_1953@yahoo.com or call 409-9297. People can also learn more by visiting the Museum Quilt Guild's blog page about the event.
Photo courtesy of Mary Ellen Hartwick. Pictured front row, from left: Mary Lu Hodgins, Mary Ellen Casey, Melanie Watson, Eileen Partise, Alex Hammon and Jamie Hammon.
Back row, from left: Barb Brady, Lori Anderson, Kate Martin, Chris Kuehl, Jean Butzer, Elaine Ross, Dodie Morrison, Kathy Belluscio, Anne O'Geen, Carol McNally and Dorothy Doerrer.
James Russell Kosiorek, 19, of Burgess Avenue, Greenville, S.C., was taken into custody on a bench warrant stemming from a second-degree assault charge. Kosiorek allegedly fled New York after being accused of assault, 2nd. The FBI contacted Sheriff's Investigator John Baiocco informing him Kosiorek had been located in South Carolina. Baiocco contacted the Greenville County Sheriff's Office. Kosiorek was taken into custody, waived extradition and was transported back to Genesee County. Kosiorek was arraigned in county court and ordered held without bail. Kosiorek was then arraigned in Batavia City Court on a charge of bail jumping.
Kenneth Damien Kowalik, 51, of Barrville Road, Elba, is charged with petit larceny. Kowalik is accused of shoplifting at Target.
Steven L. Fetterly, 28, of Elba, is charged with criminal mischief, 4th, and harassment, 2nd. Fetterly was arrested in Elba by State Police for an incident reported at 7:44 p.m., Wednesday. No further details were released.
A Rochester man is suspected of dealing crack cocaine in the City of Batavia with the help of an East Main Street resident, who allegedly allowed the man to operate his drug distribution business out of her apartment.
Taken into custody following an investigation by the Local Drug Enforcement Task Force were Dion "D" L. Clyburn, 27, of Dewey Avenue, Rochester, and Lisa M. Vega, 42, of East Main Street, Batavia.
Clyburn is charged with two counts of criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana.
Vega was charged with criminal nuisance, 1st, criminal possession of a controlled substance, 7th, criminally using drug paraphernalia, 2nd, and unlawful possession of marijuana.
A third person was arrested when Vega's apartment was raided. Michael J. Illasi, 42, of East Main Street, Batavia, is charged with unlawful possession of marijuana.
Task force members along with deputies and Batavia PD officers executed a search warrant at 679 East Main St., Batavia.
Investigators allegedly found a quantity of cocaine, marijuana and drug paraphernalia inside the apartment.
Clyburn was jailed on $5,000 bail and bail for Vega was set at $1,000.
We've said it before, when you support the local businesses that sponsor The Batavian, you're helping us continue to bring you the news about Genesee County you enjoy.
We're starting a new feature to highlight a few of The Batavian sponsors each week and remind readers of the importance of supporting local businesses.
Think Local - Buy Local - Be Local!
Buy Local -- Support yourself: Several studies have shown that when you buy from an independent, locally owned business, rather than a nationally owned business, significantly more of your money is used to make purchases from other local businesses, service providers and farms -- continuing to strengthen the economic base of the community.
This week's featured businesses:
VALLE JEWELERS -- has been proudly serving Western New York since 1951. For three generations, the Valle family has been dedicated to offering excellent service. Our goal is to consistently provide our customers with great selection and value. Valle Jewelers offers a tremendous selection of diamond jewelry, unique sterling silver jewelry, hundreds of CHAMILIA beads, and fine gifts. With two full-time bench jewelers, Valle Jewelers offers the security and convenience of ON-SITE repairs. Stop in today to browse our selection or turn some of your GOLD into CASH! Visit us online: http://www.vallejewelersbatavia.com
TURNBULL -- We are locally owned and operated with locations on 50 Franklin St., Batavia, and 59 Genesee St., Avon. We use industry standard flat-rate pricing – there are no hidden fees. Our gas furnace tune-ups and inspections start at only $60. Call us today at 343-2005 or 226-8160 to make an appointment that works with your schedule. Take $5 off the tune-up price when scheduling online with a confirmation from our office. And go on Facebook and “Like Us” today! Visit our page: https://www.facebook.com/pages/Turnbull-Heating-Air-Conditioning/320903574654459
CEDAR STREET SALES & RENTALS -- We are proud to be celebrating 19 years of business in 2012. Cedar Street has been locally owned and operated by your friends and neighbors since 1993. Whether it's equipment rental, parts, sales or service, our professional team is ready to help. "We promise a lot ... and give you more." It's not only our slogan but our everyday philosophy and way of doing business. Whether it's online, on the phone, or in person, we are always happy to serve you and will give you our very best every time. Visit us online: http://www.cedarstreetonline.com/
MAX PIES FURNITURE - is a 4th-generation family owned business that has been in the same location on the southside of Batavia since 1905. We offer a full line of furniture, bedding and flooring to make your house a home. We also deliver free of charge and offer flexible financing for qualified buyers. Stop by our showroom at 400 S. Jackson St. and take advantage of our half-price warehouse sale going on now. Check out our Web site at http://www.maxpiesfurniture.com and like us on Facebook.
Be sure to regularly check the ads on the site to be alerted to special offers from our sponsors. A complete list of our sponsors can be found on the lower left side of this page.
For the first time in public, Jacquetta Simmons told her side of the story today, and in front of the one audience whose opinion of the events on Dec. 24 at Walmart really matter: A jury of 12 Genesee County residents who tomorrow must decide whether a 26-year-old Simmons intentionally punched 70-year-old Grace Suozzi.
Simmons, now 27, said she had no idea she even hit Suozzi until hours later. She said she was horrified to learn she had injured Suozzi and it's been a painful realization ever since.
"I feel horrible about it," Simmons said during her only tearful moment on the stand. "I wasn't expecting somebody being -- how was I supposed to know she was standing right in front of me? I keep thinking 'how could I have hit this elderly lady and I don't remember that I hit her?' "
Reliving the realization, Simmons said, caused her to drop out of a business administration program at SUNY Brockport. She said she couldn't concentrate on her studies.
District Attorney Lawrence Friedman, however, judging by his cross examination, wasn't buying Simmon's contention that Suozzi was hit on accident.
While Simmons contends that somebody -- she doesn't know who -- grabbed her arm and, in her own words, she "aggressively" pulled away from the person, causing her to strike Suozzi, Friedman wanted to know how Simmons couldn't have seen Suozzi.
Through repeated questioning, Friedman got Simmons to admit that Suozzi was just a foot or so in front of her when she "punched" Suozzi.
The distinction between "punch" and "hit" came up a few times during a day full of testimony from prosecution and defense witnesses, with the implication being that "punch" meant an intentional act (though never explicity spelled out) and "hit" being accidental.
In various ways, through various questions about events, Friedman got Simmons, whose background includes volunteer work in literacy training and child and elder care, to repeatedly admit to "punching" Suozzi.
According to Simmons, here's how events transpired.
Simmons, she said, awoke at 10 that morning. Her mother asked her to go to the grocery store and purchase items needed for Christmas Eve dinner. Her brother, Isaac, tagged along, which Simmons said he usually does when she goes out for household errands (both Jacquetta and Isaac lived with their parents at the time).
First, the duo went to Tops and purchased some items.
Then they went to Walmart. They purchased turkey bags, cream cheese and three or four other items.
After going through one of the express lanes, they saw some chicken for sale in the hot foods section of Walmart and decided to buy something to eat.
They then got into another express lane. In this case, it turned out the cashier was Grace Suozzi.
When they got to the checkout counter, Simmons said she said hello to Suozzi and Isaac wished her a happy holiday, but Suozzi didn't respond.
After paying for the chicken, Suozzi, Simmons said, told her brother to hand over the Walmart bag and asked for a receipt.
Isaac told Suozzi his sister had the receipt.
According to Simmons, Suozzi kept asking Isaac for the receipt even as Isaac and Jacquetta kept telling Suozzi that Jacquetta had the receipt.
Simmons said her brother, who once worked for a Walmart in Henrietta, told Jacquetta, "they're not supposed to ask for your receipt anyway."
Suozzi then left her cash register and came around a "took" the Walmart bag from Isaac.
Either before or after Suozzi gained possession of the bag, Simmons pulled out a receipt and "showed" it to Suozzi (under cross examination, Friedman would focus on this point).
At some point after Suozzi had the bag, Simmons said she told Suozzi, "Give me my fucking bag back."
According to Simmons, Suozzi repled, "I'm not going to give you anything back."
She said Suozzi kept asking for the receipt and Simmons said, "I already showed you the fucking receipt."
At some point, Simmons said, Suozzi put the bag on the turnstile, and at that point, Simmons grabbed the bag. She said Suozzi reached for it at the same time, which caused the handles of the bag to rip.
She had to cradle the bag in her arm, she said, because it was hard to keep the items in the bag.
Simmons said she wanted to leave the store, but as she turned to leave, somebody grabbed her arm with some force.
"They had a nice grip on me," she said. "I pulled away very aggressively."
She said for a second afterward, she didn't know what to do and just stood there and then her brother told her to get out of the store.
Once outside, she said, she and her brother tried to get into her mother's minivan, which has a handicap placard and was parked in a handicap stall.
Two men, she said, came up to the van and opened the driver's side door and grabbed the keys from the ignition.
She said a woman came up and said, "You can’t hit a white woman like that. Who do you think you are? Who do you think you are?"
Simmons said with all of the people coming after her she was scared.
"We were being mobbed and they acted they like they knew what happened," she said. "I myself didn't know what happened completely."
With the van blocked in and no keys, she said she and her brother decided to leave the van and try to get away from the crowd.
During cross examination, Friedman called some elements of the story into question.
First, Friedman got Simmons to admit she was angry during the confrontation. Simmons adamantly wouldn't admit to being angry at Suozzi, but said she was angry at being asked to show a receipt.
Simmons also admitted that when she found the correct receipt in her pockets, she held it at a distance she knew would make it impossible for Suozzi to read. Simmons, by her own testimony, never offered to hand the receipt to Suozzi.
Friedman also challenged Simmons on her claim that she didn't know she hit Suozzi until she saw the video at the State Police barracks.
In an incredulous tone, Friedman asked Simmons why she thought a crowd of people were chasing her in the parking lot, especially after Simmons said she thought it was because the crowd considered her a thief.
"Did they accuse you of stealing," asked a snarky Friedman?
"No," Simmons said.
Simmons also denied telling Trooper James Baines, who had testified earlier, that "somebody grabbed me. I don't remember what happened. I just punched."
Simmons said she never told Baines, "I just punched."
Prior to Simmons' testimony, her brother Isaac took the stand as a defense witness.
Contrary to some of the testimony on Wednesday, Isaac testified that when Suozzi first asked for a receipt for the items in the bag in his hand, he said he refused to produce it.
The former Walmart employee said he told his sister, "You don't need a receipt."
He said his sister pulled out two receipts from her pockets, one from Tops and one from Walmart.
As for somebody grabbing his sister after Simmons regained control of the bag of merchandize, Isaac said, "A lady grabbed her and stuff."
Simmons pulled away, he said, and yelled, "Get off me."
A skeptical Friedman couldn't believe that a small, 70-year-old woman would take, by force, a bag of merchandise from the 6' 1", 211 pound Isaac Simmons.
According to Isaac, his sister never used the word "bitch."
Isaac denied calling his mother while in the parking lot and telling her, "Jac punched an old lady and she's going to jail."
He said he used the word "hit" and said he told his mother "the police are coming."
Under cross, Isaac admitted that in any version of his story prior to meeting with a private investigator from Key's office, he always used the word "punch."
To further impeach Isaac's testimony, Friedman questioned Isaac on his guilty plea in Greece for petit larceny.
Isaac, under repeated questions, admitted that he had committed numerous parole violations, including failing numerous times to report to his probation officer, using marijuana, testing positive for marijuana, drinking in violation of terms of probation, endangering the welfare of a child, operating a motor vehicle without a license, leaving Monroe County without permission and failure to notify probation when questioned by a police officer.
Isaac said he was trying to get his life together and was attending college.
In the morning, testimony began with a prosecution witness, Piper Sharick, a 16-year employee of Walmart.
Sharick said she hasn't worked since the end of April because she is suffering from PTSD as a result of the incident Dec. 24.
In attempt to calm down the situation after arriving on scene, Sharick said, she told Simmons she could print out another copy of the receipt.
"She just kept yelling, 'Give me my fucking shit,' " Sharick said.
When Simmons struck Suozzi, Sharick said, "It was a horrible sound, like the biggist, loudest smacking sound you could ever hear."
She testified that Simmons made a fist before striking Suozzi.
During cross examination, Sharick basically conceded the Batavia Walmart store had no policy in place on Dec. 24 for how to handle a customer who refused to show a receipt.
Next, for the prosecution, Samual Hackenberg (an assistant manager) testified that he didn't arrive on scene until after Suozzi was hit.
After ensuring Suozzi was being cared for, he went outside to see what was going on.
He testified that once outside, he said he heard Simmons say, "Do you think I care about these dirty white people?"
During cross examination, attorney Earl Key wanted to know why Hackenberg didn't tell anybody about this remark until a month after the event.
When Friedman re-questioned Hackenberg, he said he remembered the remark because after it was made, a coworker standing next to him quipped, "Well, I showered today."
The final prosecution witness was Trooper Baines.
Baines said Simmons asked him to see the video tape of the incident.
He said that when he told her, "I don't know how you're going to justify this one," Simmons just shrugged.
Just before the lunch break the defense called Patty Jacobs, even though the prosecution had not yet officially ended its case.
Testimony from Jacobs was taken early because of some schedule conflict she had if she was held over for the afternoon.
During the course of Jacobs' testimony, it was clear that Key was trying to find a way to get into evidence a statement Jacobs made on Dec. 28 on Facebook.
Jacobs wrote that day that she was in line behind Simmons and witnessed the whole event.
"The cashier asked her for a receipt," Jacobs wrote. "It was the wrong one, so she punched the elderly lady in the eye."
The jurors never heard that statement because of the nature of rules of evidence. Instead, they heard Jacobs say that she saw Simmons holding, but not showing to Suozzi, a Tops receipt, which she recognized because of the coupons on the back.
After lunch, the defense called Randy Johnson.
In his direct testimony, Johnson said he saw a woman grab Simmons' arm and Simmons swing her arm forward to try and escape from her clutches, causing her to hit Suozzi.
During cross examination, Friedman was relentless in impeaching Johnson's credibility.
First he called into question Johnson's claim that he's only lived in Genesee County for about a year.
With a stack of police reports, Friedman went through date-by-date numerous police contacts Johnson has had since November 2008.
Most of the contacts involved Johnson being kicked out of his mother's home, but Johnson has also been accused of unauthorized use of a motor vehicle, criminal mischief (for punching his parents $35,000 car) and being sanctioned by DSS.
Most of the calls involving his mother, Johnson said, is because she's an alcoholic.
Friedman then went after Johnson for discrepancies between his testimony Thursday and his previous statements to police and to the DA's office.
In July, Friedman interviewed Johnson. After repeated questions, Johnson admitted that he previously told Friedman that he could tell Simmons intentionally punched Suozzi based on his experience as a professional boxer.
According to Friedman, Johnson had said because of the way Simmons cocked her arm and the stance he took along with her follow-through, as a professional boxer, he recognized the swing and an intentional punch.
The final witness called by the defense was Donald Stillwell, the loss prevention manager for Walmart.
Stillwell testified that in order for a customer to be accused of shoplifting, a loss prevention officer or a salaried manager or an hourly shift supervisor must observe four things:
If any one of those for criteria are missing, Stillwell said, the customer cannot be detained as a shoplifting suspect.
When Friedman cross examined Stillwell, he said the situation involving asking a customer for a receipt wouldn't fall under the shoplifting criteria.
He did say, once a cashier encounters a customer who won't show a receipt, the matter should be turned over to a customer service manager and the cashier should have no further involvement in the situation.
According to Stillwell, the Batavia store has one of the worst records in the Walmart chain for shoplifting, or what loss prevention professionals call "shrinkage."
In 2010, Stillwell said, the Batavia Walmart store lost more than $600,000 to thieves.
The following year, things only got worst with shrinkage exceeding $680,000.
An intoxicated individual has called dispatchers to report that he's in a wooded area in Batavia but can't find a way out.
His location plots off Mill Street, behind the skate park, near the Tonawanda Creek. He's north of the train building.
Batavia PD is responding to assist the man.
This is apparently not the first time this individual has gotten lost in the same area.
UPDATE 11:33 p.m.: A Batavia officer is "down by the creek" (or "crick") and requests dispatchers try to re-establish telephone contact with the caller.
UPDATE 11:35 p.m.: Dispatchers re-established contact with the caller and are trying to get him to yell out so the Batavia officer can hear him. They're also going to try and get him to call back on 9-1-1 so they can again plot his location.
UPDATE 11:37 p.m.: He's northeast of the patrol cars. The dispatcher will try to guide the patrol into the man's location. "He says he's stuck."
UPDATE 11:41 p.m.: The subject has been located.
Two vehicles are reportedly on fire at 8390 E. Main Road, Le Roy -- Stella's Collision.
Chiefs from Le Roy fire are on scene. Trucks from Le Roy are responding.
Vehicles are "going good," says a chief. Both vehicles are outside the fence.
UPDATE 11:09 p.m.: National Grid requested to the scene for the power line above the area of the fire.
UPDATE 11:25 p.m.: Fire is under control.
UPDATE 11:34 p.m.: National Grid on location.
UPDATE 12:02 a.m.: Le Roy has a light tower in place.
UPDATE 12:20 a.m.: Le Roy fire is back in service.
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