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New policy at Darien Lake gets passing grade at first concert without pedestrian access

By Howard B. Owens

Though it was a smaller, older crowd for the Def Leppard/Poison show at Darien Lake on Friday, the first test of cutting of pedestrian access to the concert venue went well, according to Deputy Chief Gordon Dibble.

There was only one open private parking lot on Sumner Road on Friday, Dibble said, and there was only one issue with people trying to walk onto Darien Lake property for the concert.

"I think it went very well," Dibble said.

With the private lots mostly empty, Dibble said, and without much pedestrian traffic on both Employee Road and Sumner Road, it was much easier to get traffic out of Darien Lake's lots after the concert, Dibble said.

"We got traffic out of there in record time," Dibble said.

He hopes the experience bodes well for the Jason Aldean concert Saturday, which is sold out and will have close to three times the number of cars in the parking lot.

The only private lot open Friday, Dibble said, was Cherry Hill Campground.

One family tried to access the venue on foot at the Employee Road entry on Sumner Road, Dibble said, and one of the people in the group allegedly became disruptive when authorities would not let the group walk to the concert venue.

Sarah B. Blevins, 22, of East Bayard Street Extension, Seneca Falls, was charged with disorderly conduct and resisting arrest.

During her arrest, her parents allegedly interfered with the deputies taking her into custody.

Blanca Compton, 49, and Brian L. Compton, 46, both of Route 414, Lodi, were charged with obstruction of governmental administration, 2nd, and disorderly conduct.

Dibble wasn't present at the incident and isn't awre of whether the group had prior knowledge to pedestrian access being closed for the concert.

Man succombs to injuries following one-car accident on Shanks Road, Alabama

By Howard B. Owens

The Sheriff's Office is investigating a Monday evening accident in the Town of Alabama that claimed the life of a 64-year-old resident of Akron.

Stanley J. Myka, of Bloomingdale Road, was pronounced dead at UMMC after the 2008 PT Cruiser he was driving left the roadway on Shanks Road and struck a utility pole.

No cause for the accident has been determined.

The accident was reported at at 7:16 p.m.

Myka, who reportedly suffered head and internal injuries, was the sole occupant of the vehicle.

The investigation is being conducted by Deputy Patrick Reeves and Deputy Kevin McCarthy. Assisting at the scene were the Alabama Volunteer Fire Department, Indian Falls Volunteer Fire Department, Pembroke Volunteer Fire Department, Mercy EMS and Mercy Flight.

(Initial Report)

First eight jurors selected in case of Walmart customer who allegedly punched employee

By Howard B. Owens

The first eight members of the jury in the Jacquetta Simmons trial were selected today in an day-long session aimed at weeding out those who may not be able to fairly weigh evidence in the case.

Local and regional media coverage of the 27-year-old Simmons, who allegedly punched a 70-year-old employee of Walmart on Christmas Eve, has been intense and each prospective juror was asked how he or she found out about the case.

Jurors who read about the story in print and online and admitted to drawing a conclusion about the guilt or innocence of Simmons didn't make the cut.

The eight selected, along with most of the remaining prospective jurors -- 12 must be selected, plus alternates -- either hadn't heard about the case prior to today or had minimal media exposure, such as hearing or seeing a broadcast report in December.

While District Attorney Lawrence Friedman and defense attorney Earl Key quizzed prospective jurors about media coverage, they also focused on issues ranging from how views on race might impact their ability to weigh the evidence and whether they had any other conflicts of interest.

The jury selection process began at 10 a.m. with 73 prospective jurors from throughout Genesee County. The first 18 were seated in the jury box in a random drawing. Judge Robert C. Noonan then quizzed jurors about their prior knowledge of the case.

While some jurors disclosed prior knowledge and made-up minds, they weren't asked immediately to leave the jury box during the morning session. All were eventually dismissed however. In the afternoon, after the first eight jurors were sworn in, Judge Noonan began dimissing prospective jurors as quickly as they expressed any sort of fixed bias in the case.

After the first eight were chosen, the other 10 remaining in the jury box were dismissed and a second group of 18 were seated. By 5 o'clock, there were 18 men and women in the box who expressed no obvious bias or conflict of interest and that was how the day ended.

In the morning session, with the initial group of prospective jurors, Friedman and Key questioned the group and individual jurors.

Friedman started off by asking questions about the ability of jurors to weigh evidence based on what was presented in court, without any outside influence, and whether they could fairly judge circumstantial evidence. He asked whether jurors could recognize truth from falsehood, and more specifically, how they might judge intent, and if they've had experiences, pro or con, with store employees asking to review a receipt for purchases.

In order to win a conviction, the prosecution must is prove Simmons intended to seriously injure the alleged victim.

Simmons is also the first person in Genesee County charged under a two-year-old New York law which makes it a more serious violent felony for a person more than 10 years younger to hit a victim 65 years of age or older.

Friedmen asked prospective jurors if they had any objection to such a law and none present did.

Then the DA wanted to know if each prospective juror could make his or her decision based on the facts and evidence in the case, with no bias based on race -- the defendant is black and the alleged victim is white.

All prospective jurors, which at this time included one African-American man, said race would not be a factor.

Key also asked questions about weighing evidence fairly, and just before asking his first race-related question, he wanted to find out if any of the jurors might succomb to peer pressure.

He asked a female juror, "If (the African-American prospective juror) absolutely believes my client is absolutely guilty and you don't, will you cave in?"

The woman said she wouldn't.

Key, then said, "I don't don't expect this case to be about race whatsoever, because it will be decided on the facts of the case, but would you tend to one side or the other because of race?"

Key, whose courtroom demeanor is affable and even jocular at times, wanted to know if any jurors harbored racial bias.

"I've had people tell me they don't like black people and it's absolutely fine," Key said with a broad smile. "Just don't come over to my house."

Nearly all of the prospective jurors laughed. None revealed any sort of racial bias.

Race could be a factor in the case because Simmons allegedly made racially charged comments during the encounter with alleged victim Grace Souzzi.

By the afternoon, the lone black in the prospective jury pool had been sent home with no explanation given for his dismissal.

After the hearing, Key said he didn't want to comment on the jury selection while the process was ongoing. He also said "I don't want to try the case in the media," and that everything would be clear after opening statements.

In all, more than two dozen prospective jurors were dismissed after revealing they had read about the events either in print or online media and formed an opinion based on those reports.

Fewer than a half dozen of the 60 or so prospective jurors hadn't heard of the case at all prior to today.

The Batavian first broke the story of a person hitting a Walmart employee on Dec. 24 and first reported the arrest of Simmons on Dec. 25.

Other regional media outlets started reporting the story on Dec. 26. Many of the prospective jurors who hadn't followed the case closely said they first heard about the case on television, radio or read it in a newspaper around that time.

As the proceedings concluded today, there are 18 prospective jurors in the jury box and 14 in the gallery whose number hasn't been called yet.

Jury selection resumes at 10 a.m., Tuesday. Once the panel is selected, Noonan will spend about an hour on jury instructions and then the defense and prosecution will offer opening statements.

CLARIFICATIONS: While no explanation was given for the dismissal of the prospective African-American juror, that procecure applies to numerous other prospective jurors who were dimissed for cause or as part of either defense or prosecution challenges. The point we meant to make is that while it was clear why several of the prospective jurors were dismissed, we don't know the reason this (as with several others) juror was dismissed. Also, the prosecution needs only to prove intent to cause physical injury. Simmons is being tried on a single charge of assualt, 2nd, being a person 10 years younger against a person over age 65. The original charge of assault, 2nd, was reduced to assault, 3rd, (a misdemeanor) by Judge Noonan. Following the ruling, the prosecution moved to dismiss the assault, 3rd, charge.

Passion for sports leads Oakfield man to open store in Batavia

By Daniel Crofts

Who knew Batavia had a Syracuse Orange dad hanging out behind Pizza Hut?

Kurt Fisher and his family own Fisher Sports NY, at 412 E. Main St. in Batavia. His son, Andrew, a graduate of Oakfield-Alabama High School, plays football for Syracuse University.

"I trained (Andrew) through the years," Fisher said. "Now I follow him around the country."

Fisher, a 1981 Batavia High School graduate, opened the storelast month to provide a venue for players of various sports to access needed equipment. He felt that was something lacking in our area.

"No one sells quality equipment in Batavia," he said. "There are a couple stores that carry a little, but not the major stuff. (It's been that way) probably since Chuck's Sporting Goods closed (in the 1980s)."

A passion for youth sports is part of what inspired Fisher to open this store. He has assisted with football at Oakfield-Alabama High School and is looking to make more opportunities available locally.

"I'd love to get punting and kicking opportunities for kids," he said, "so that they have the same opportunity as my son."

He encourages anyone interested in such opportunities to contact him, either by phone or by coming to the store.

Making equipment readily available is a big part of his mission to preserve and increase athletic opportunities, and that's where Fisher Sports NY comes in.

"(Business) has been getting better as we go along," he said. "But we're still trying to get our name out and let people know we're here."

Store hours are 10 a.m. to 7 p.m. Monday through Friday, 9 a.m. to 7 p.m. Saturday and 11 a.m. to 5 p.m. Sunday.

For more information, call 344-2500.

Car into pole accident with head injury in Alabama

By Billie Owens

A motor vehicle struck a pole and a male has a head injury at Shanks and Sand Hill roads -- on the Tonawanda Indian Reservation. Alabama Fire Department and Mercy medics are responding.

UPDATE 7:25 p.m.: "He's bleeding pretty good," says a medic. Mercy Flight is called to the scene. A unit from Indian Falls Fire Department is also requested.

UPDATE 7:25 p.m.: Fire police are told to block traffic at Bloomingdale Avenue and Shanks Road. Pembroke Fire Department is also responding. Mercy Flight has a five-minute ETA.

UPDATE 7:34 p.m.: Responders are working to secure the scene. Mercy Flight will arrive momentarily and hover in the air until it's OK to land. The update from medics to the pilot is that the victim is about 60. He is unconscious, and has head, abdominal and leg injuries. They are still working to extricate the victim.

UPDATE 7:40 p.m.: The patient has been extricated. He was a passenger in the front seat. The landing zone is secure and the bird will land soon.

UPDATE 7:44 p.m.: Mercy Flight is on the ground.

UPDATE 7:46 p.m.: Notifications have already been made to National Grid, which has damages to Pole #7470, and Verizon, which has a cable box there that's above ground and is "completely knocked over."

UPDATE 8:05 p.m.: Mercy Flight is airborne. Not sure of its destination.

UPDATE 8:08 p.m.: Apparently, there is a second victim, presumably the driver. He is also described as being 60-ish and is being being taken to UMMC by ambulance with head trauma and either in cardiac arrest or with a history of cardiac arrest. (CLARIFICATION: There was only one occupant in the vehicle.)

UPDATE 8:15 p.m.: Indian Falls is back in service.

UPDATE 8:30 p.m.: Alabama is back in service.

Photo: Winners of Punt, Pass and Kick competition

By Howard B. Owens

Over the weekend, Genesee County children had the opportunity to compete in the NFL's Punt, Pass and Kick competiton.

Among the girls (by age group), winners were: 6-7, Lily Martin, 32’11”; 8-9, Riley Martin, 99’9”; 12-13, Briana Janes, 164’3”. Boys: 6-7, Jonah Martin, 17’; 8-9, Ethan Taylor, 156’8”; 10-11, Noah Martin, 133’6”.

Winners in each age group may elect to participate in the Sectional Competition, Nov. 11 at the Buffalo Bills practice facility in Orchard Park.

Photo, submitted by Steve Fancher: Front row, left Riley Martin, Lily Martin; back row, left Briana Janes, Ethan Taylor, Noah Martin.

Is that burnt food wafting from College Village? Duh.

By Billie Owens

Ah, the fall semester nears. Is that burnt food emanating from College Village? Why yes, it is. Room 203 in Spruce Hall. The college has confirmed it is burnt food. And the Town of Batavia now musters a fire crew to respond.

UPDATE 2:39 p.m.: The fire department confirmed the confirmation that food was burning inside Room 203 at Spruce Hall. It is back in service.

Gillibrand announces $200K USDA grant for secondary road at ag park

By Howard B. Owens

Press release:

U.S. Senator Kirsten Gillibrand today announced a federal grant worth $199,821 for a secondary access road at the Genesee Valley Agri-Business Park.

The funding is allocated through the USDA’s Rural Business Enterprise Grant program, and is being awarded after Senator Gillibrand toured the nearly finished Alpina Yogurt facility and called for more federal investments in infrastructure at the ag-park in Batavia.

“This is an important investment that can help attract more businesses to the Genesee Valley ag-park, and support more jobs right here,”Senator Gillibrand said.

“I know the potential the ag-park has to help local businesses grow and be a major economic driver for the region. Investing in transportation infrastructure is one of the fastest, most effective ways to create new jobs now, and lay the foundation for more jobs to come.”

In September 2011, Senator Gillibrand helped secure an additional $58,000 from USDA Rural Development for initial infrastructure upgrades at the agri-business park, including expanding existing roads and utilities.

Senator Gillibrand also brought a USDA official to Batavia in April 2012 to tour the Genesee Valley Agri-Business Park and hear firsthand from local leaders about the need for federal investments to grow this critical industry for the region.

In addition to the USDA, Senator Gillibrand has been active in pushing for federal funds through the U.S. Economic Development Administration to complete infrastructure improvements at the ag-park.

The federal grant funding will be used to design, engineer and construct a secondary access road at the ag-park, a key component of a range of planned infrastructure improvements, including the construction on an aquifer that is required by food processors.

Muller Quaker Dairy, an international yogurt producer, and Alpina Foods would greatly benefit from the completion of the aquifer and would contribute to an increased investment in Genesee County.

Upon the completion of the infrastructural improvements to the Ag-Park, Muller Quaker Dairy would be able to complete a $206 million yogurt manufacturing facility that they expect could generate approximately 186 jobs in the near-term, with the ability to create up to 600 jobs in the long-term. Alpina also expects to be able to create approximately 50 new jobs as a result of finishing the construction.

Trash can fire in Elba village park

By Billie Owens

A trash can is on fire under the pavilion at the Veterans Memorial Park on South Main Street. Elba Fire Department is responding

UPDATE 2:17 p.m. The fire was put out before Elba could respond. Elba is back in service.

Bicycle accident at State and Park Avenue, Batavia

By Billie Owens

A youth riding a bicycle has had an accident in the city at State Street and Park Avenue. Police and Mercy EMS are responding.

UPDATE 1:54 p.m.: City fire was responding, but told they could cancel the response.

UPDATE 1:57 p.m.: Police are back in service.

UPDATE 2:04 p.m.: Medics went back in service several minutes ago. Although this was initially called in as a car vs. bicycle accident, no vehicle was involved.

Got gas? Someone siphoned it from lawnmower in Bergen

By Billie Owens

A Sheriff's deputy is responding to a larceny complaint at the Barbery Coast Mobile Home Park, located at 7862 Clinton St. Road, Bergen. The resident at Lot 16 says someone stole every drop of gas from his lawnmower.

Law and Order: Man arrested after short foot chase with police

By Howard B. Owens

Brett R. Doward, 26, 411 W. Hickory St., East Rochester, is charged with obstructing governmental administration, 2nd, criminal possession of a controlled substance, 7th, and possession of a controlled substance not in it original container. Following a report at 12:06 a.m., Sunday, of a disturbance on Hall Street, Batavia, Batavia PD received the description of a person allegedly involved and the vehicle he allegedly used to leave the scene. Officer Jason Ivison spotted a vehicle matching the description on Ellicott Street. The vehicle fled and pulled into a driveway on Liberty Street. Doward allegedly jumped from the vehicle and ran. After a short foot pursuit, Doward was taken into custody. Doward was released on an appearance ticket. BPD was assisted by the Sheriff's Office and State Police.

A 17-year-old resident of North Main Street, Perry, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Jeremy Dean Lyons, 27, of Judge Road, Oakfield, is charged with criminal mischief, 3rd, unauthorized use of a motor vehicle, 3rd, aggravated unlicensed operation, 3rd and unlicensed operation. During a domestic dispute with his girlfriend, Lyons alleged damaged property and then allegedly took a vehicle without permission and drove the vehicle on a suspended license.

Jeremy Dean Lyons, 27, of Judge Road, Oakfield, is charged with criminal contempt, 2nd. While housed in the Genesee County Jail, Lyons allegedly violated an order of protection by contacting the protected party.

Terri Marisa Doctor, 33, of Council House Road, Basom, is charged with DWI. Doctor was taken into custody on a Town of Pembroke warrant issued in November 2012 for allegedly failing to pay a fine on a DWI convictions. Doctor was jailed on $1,500 bail.

Spencer Todd Grimes, 18, of Goodrich Street, Albion, is charged with trespass. Grimes is reportedly a former employee of Darien Lake who was accused of stealing and barred from the property. Grimes was allegedly on the property Saturday morning.

Nicholas Lamont Santos, 19, of Gillette Road, Albion, is charged with trespass. Santos is reportedly a former employee of Darien Lake who was accused of stealing and barred from the property. Santos was allegedly on the property Saturday morning.

Randy Lee Ridd, 55, of Swamp Road, Byron, is charged with grand larceny, 4th, and trespass. Ridd is accused of trespassing on the property of a business in Bergen and stealing metal plates. Also charged was Corretta Melissa Pitts, 44, of Swamp Road, Byron.

Brandon Monteleon, 20, of 57 Church St., Le Roy, is charged with criminal obstruction of breathing or blood circulation and harassment. Monteleone was arrested following an alleged disturbance on Church Street between the defendant and another individual.

Daniel S. Platt, 31, of 53 Lake St., Le Roy, is charged with criminal obstruction of breaking or blood circulation and one count of unlawful dealing with a child and harassment, 2nd. Platt is accused of placing his hands around the neck of a victim, causing difficulty breathing. He's also accused of serving alcohol to a person under age 21.

Andrea M. Gray, 34, of 14 Lake St., Apt. #2, Le Roy, is charged with harassment, 2nd, and reckless endangerment, 2nd. Gray reportedly had an argument with an acquaintance on Lake Street. Gray allegedly pushed the victim, causing the victim to fall backward. The victim's head struck a driveway. Gray is also accused of sitting on the victim and pulling the victim's hair. Gray was jailed on $1,000 bail.

Photos: East Pembroke Mud Races

By Howard B. Owens

Ed Woods attended the Mud Races hosted by the East Pembroke Volunteer Fire Department on Saturday and provided us with these photos.

Another Eagle added to ranks of Troop 69

By Howard B. Owens

Photos and article submitted by Steve Ognibene:

Three obligations of an Eagle are honor, loyalty and courage. Today marked the third Eagle Ceremony in the past three months for Troop 69 of Batavia.

Today’s Eagle Court of Honor was for Andrew T. Lichtenthal. Eagle is the highest recognition that scouting offers. Earned through the advanced program, only a small percentage of boys who begin in scouting receive this honor.

Andrew beat the percentages here. Starting at the age of 14 he had a goal and that was to achieve the Eagle rank.

“Scouting has really helped me break out of my shell!" Andrew said, "I can remember my first meeting where all I could do is look at the floor as I was nervous to be embarrassed by the new faces. I feel much more confident around strangers and I have the tools to earn their respect.”

Andrew's mom and dad have supported him, along with Verne Luce, Bill Brown and Rick Porter and gave him the encouragement to make this his day.

“Now I feel truly prepared to go out into the world and face any challenges that I may meet," he said.

It’s never too late to become a Boy Scout. Troop 69 meets at the First Presbyterian Church on Sunday evenings at 6:30 starting Sept. 9.

Top photo: From left, are Troop 69 Eagle Scouts Andrew Fischer, Andrew T. Lichtenthal and Garrett Eggebrecht. 

Jean Lichtenthal, Andrew's mother, pins her son’s Eagle pin on shirt. 

Tom Lichtenthal, Andrew's father, adjusts the Eagle neckerchief and slide around Andrew’s collar.  

Verne Luce received the Mentor Pin from Andrew. The Mentor Pin signifies the most influential person who has helped a scout to earn his Eagle.

Black smoke in area of East Main Street Road and Broadlawn Avenue

By Billie Owens

Black smoke is reported in the area of East Main Street Road and Broadlawn Avenue and the Town of Batavia Fire Department is responding to investigate.

UPDATE 7:36 p.m.: It is deemed a controlled burn. "We're all set here." Town of Batavia is back in service.

Motorcycle and car crash, serious injuries, Elba

By Billie Owens

A rider is down in the road and not moving following a car and motorcycle crash at 4575 Barrville Road in Elba. Two ambulances -- a Mercy rig and one from Oakfield -- are called to respond and Mercy Flight as well. The accident is blocking traffic and injuries are serious.

UPDATE 6:33 p.m.: A second helicopter is requested. A portion of Barrville Road is being shut down.

UPDATE 6:38 p.m.: The location is between Bridge Road and Chapel Street. The second helicopter is directed to the scene, to land between two homes, for the more seriously injured patient.

UPDATE 6:43 p.m.: One bird has landed safely and the other one is going to land at the ARC facility's parking lot.

UPDATE 6:46 p.m.: Elba Fire Department is on scene as are fire police.

UPDATE 6:49 p.m.: The first helicopter is airborne to Strong Memorial Hospital with the most seriously injured patient -- the rider. The second bird is about 5 minutes out from the landing zone at the ARC parking lot and will be transporting a 20-year-old female who has an extremely severe slash at the joint on her right knee. She had no loss of consciousness.

UPDATE 6:58 p.m.: The second Mercy Flight ship has landed safely.

UPDATE 7:07 p.m.: The second helicopter is airborne and also headed to Strong.

UPDATE 7:15 p.m.: The Oakfield ambulance is inbound to UMMC with a 9-year-old girl who has cuts on her wrist, arm, knee and ankle as well as back and neck pain. She is accompanied by her mother, who was not injured in the accident. The child was a passenger in the backseat on the driver's side of the vehicle, which was struck from behind by the motorcycle.

UPDATE 7:42 p.m.: The motorcycle is still in the roadway and fire police are remaining on scene until it's removed. The bike is said to be a 1999 yellow Honda, registered to a man in Penn Yan.

UPDATE 8:03 p.m.: The road is reopened. Elba is back in service.

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