batavia

A motorcycle accident is reported at 248 State St. The elderly rider is still in the street but said to have only minor injuries. City fire and Mercy EMS are responding. The location is between Douglas and Denio streets.

UPDATE 1:12 p.m.: City fire is back in service. EMS is transporting a 63-year-old male to UMMC.

Batavia firefighters, members of IAFF Local 896, set a new record Friday for their annual "Fill the Boot" campaign.

According to Greg Ireland, Local 896 president, area residents drove through downtown today and donated $7,562.

Photos submitted by Frank Capuano.

City fire investigators have yet to release the cause of a fire early Friday evening that broke out in a home on Union Street, but the current resident of the home described how the fire may have started accidentally.

Doug Veltz, who has lived at 1 Union St. for many years but was moving out after Terry Platt recently acquired the property, was trying to nap, he said, when he smelled smoke.

At first, he said, he thought the smoke was being blown into his room through a fan in the window, but then he thought that maybe he should play it safe and investigate.

As I was coming down the stairs, I could smell it," Veltz said. "It was coming from my house. I got to the kitchen and there was flame coming from the burner on the stove. There was a glass candle sitting on the burner on the stove. It was just set there. The candle wasn’t lit. Before I went to sleep, I must have bumped a dial, a knob on the stove."

Veltz said his first instinct was to blow on the flame.

"In one big breath, I blew it out," he said.

He then turned to get some water and as soon as he turned his back, he heard the burner flame back up and this time, the flame was two feet high.

There was a winter coat there and I was going to try and smother it," Veltz said. "It went up in flames and at that point, I realized it was beyond my control. I screamed for my dog. He came downstairs. Luckily, I had my phone with me and I dialed 9-1-1."

Fire Chief Jim Maxwell said the department won't have information to release from its investigation until Sunday at the earliest.

Veltz said he had moved only a small portion of his belongings, including collectable items and all the photos of his children, which he had just placed in a tub in the dining room.

The back of the house was badly damaged, but Platt said he believes the structure remains solid and he plans to renovate the interior and eventually sell the house.

Maxwell said a quick response -- even though Engine 12 was at Dwyer Stadium for fireworks night -- helped save the structure.

All platoons from city fire were called to the scene and Town of Batavia's Fast Team also responded. Alexander fire was on standby at the city's fire hall.

Mercy EMS and Batavia PD also responded.

A man called dispatch roughly a half hour ago and reported that he had been attacked on Hutchins Place in the city earlier today, and the next thing he knew he "woke up at his mother's" on State Street. Police are investigating.

A working house fire is reported at 1 Union St. in the City of Batavia. City fire is responding. Many calls have come in on this. The location is at the corner of West Main Street.

It's a two-story house and the upstairs is on fire. All off-duty firefighters are also called in, and the Town of Batavia Fast Team. One person on the first floor remains unaccounted for.

UPDATE 7:19 p.m.: A Mercy ambulance is called.

UPDATE 7:21 p.m.: The missing person has been accounted for and is safe. National Grid is called in.

UPDATE 7:24 p.m.: The chief says "We've got a good knock down on this fire. Heavy smoke throughout. Checking for extensions."

UPDATE 7:27 p.m.: Alexander firefighters are called to fill in at the city station.

UPDATE 7:29 p.m.: There's fire in the basement. There's no fire in the attic now, but there's still heat. The fire on the first floor is out. They've got three water lines on the house.

UPDATE 7:31 p.m.: They've broken out the basement windows and the basement fire is mostly extinguished. They have not yet cut the power at the panel box "too much debris." They are having trouble locating the gas line to shut it off. They are going to put fans out front to help blow away the smoke.

UPDATE 7:34 p.m.: They've found the gas line and shut it off. In the basement, the electrical panel which contains the circuit breakers has melted.

UPDATE 7:44 p.m.: The second floor fire is out, including some extension into a wall.

UPDATE 7:45 p.m.: "The homeowner's pretty sure it started on the stove, in the kitchen there."

UPDATE 7:51 p.m.: National Grid has arrived.

UPDATE 7:55 p.m.: National Grid has shut off the power. A building inspector is called in as is the American Red Cross to assist one occupant.

UPDATE 8 p.m.: The building is owned by Terry Platt. The occupant is Doug Veltz.

UPDATE 8:03 p.m.: The Red Cross is expected to arrive in about 15 minutes.

UPDATE 8:32 p.m.: Town of Batavia's Fast Team is released from the assignment.

UPDATE 9:04 p.m.: Alexander is back in service. Mercy medics went back in service some time ago.

UPDATE 9:47 p.m.: The Union Street assignment is back in service. All responders are clearing the scene.

A crowd of people is reportedly standing around a maroon sedan in the parking lot of Walmart -- concerned with the welfare of a dog left inside with the windows barely cracked. Law enforcement is responding and there's another complaint like this pending at Target.

An accident involving a 54-foot pre-fab home being towed with a wide-load tractor-trailer is reported at the intersection of Main and Oak streets. The tractor-trailer has a broken axel and is up on the curb. The intersection is completely blocked. Police are on scene to control traffic. A heavy-duty tow truck will be required. "We're going to need a healthy supply of cones," says an officer.

UPDATE 2:50 p.m.: The tractor-trailer is being repaired on scene and is expected to be moved shortly, so the cones will not be needed. The mishap is completely blocking one lane on West Main Street in front of Hess Gas Station and part of the adjacent lane.

UPDATE 2:54 p.m.: The roadway is open.

A minor injury accident is reported downtown at the intersection of Bank and Main streets, Batavia.

City Fire Department and Mercy EMS are on scene.

One woman is complaining of back pain.

Former Batavia High School basketball player Jerry Smith is bringing blacktop basketball back to Williams Park with a 3-on-3 tournament June 30.

Williams said it's been a few years since the park hosted such tournaments, but he remembers them from his youth and thinks area players should get the same opportunity.

As many as 35 teams, or more, are expected to participate, coming from not just Batavia, Elba and Le Roy, but also Buffalo, Lockport, Perry, Medina and other towns in the region.

"It's some of the best competition around," Smith said.

The cost is $50 per team and teams can consist of as many as five players.

Registration begins at 8 a.m. and play begins at 9 a.m.

For more information, call Smith at (585) 993- 3342 or email him at honeybun11x@yahoo.com

Proceeds will benefit Franchise Basketball of Rochester, an Amateur Athletic Union team and help send the team to Las Vegas in July for a tournament. Local team members include Jalen Smith, Tommy Prospero, Justin Washington and Jered Thornton.

Photo: Jalen Smith, Justice Fagan and Josh Johnson.

Alexander J. Kessler is indicted on counts of criminal sexual act, 1st, criminal sexual act, 3rd, sexual abuse, 1st, endangering the welfare of a child and unlawful dealing with a child. Kessler is accused of providing a female age 17 or under with marijuana and alcohol, and then subjecting her to oral sexual contact without her consent and at a time she was unable to consent because she was physically helpless. The alleged conduct reportedly took place Feb. 25 and/or Feb. 26 in the Town of Le Roy.

Anthony J. Goulet is indicted on a count of assault, 2nd. Goulet is accused of injuring another person by hitting him with a beer bottle on June 15.

Thomas Hammerl is indicted on counts of falsifying business records and criminal purchase of a weapon. Hammerl is accused of attempting to purchase a J. Stevens single 12-gauge shotgun from Gary C. West of Sheard’s Antiques and Guns and falsely answering a question on a U.S. Department of Justice form ATF 4473 regarding his legal eligibility to purchase a gun. Hammerl is allegedly barred from owning firearms due to either a prior conviction or "some other disability which would render him ineligible to lawfully possess a firearm, rifle or shotgun in this state."

Rocco A. Ballacchino, 53, of Red Jacket Parkway, Buffalo, is charged with grand larceny, 4th. Ballacchino is accused of stealing $1,267 worth of flooring from the Home Depot in Batavia. Ballacchino was arraigned and held without bail.

A 17-year-old resident of River Street, Batavia, is charged with unlawful possession of marijuana. The youth was stopped on River Street at 9:25 p.m., Thursday, by Deputy Patrick Reeves.

City fire and Mercy EMS have been dispatched to an address on Liberty Street where the residents report an unknown type chemical smell.

Two people are reportedly feeling ill.

Law enforcement was also dispatched.

UPDATE 8:24 a.m.: Complaint apparently unfounded. All units back in service.

Officials with Western Regional OTB, Batavia Downs and invited guests were in Rochester today for a ribbon cutting and unveiling of the work done so far on the new marquee signs for Batavia Downs.

The work is being completed by Premier Sign Systems.

Ryan Hasenauer, director of marketing for Batavia Downs, provided the pictures.

The smell of smoke coming from a dryer is reported at 161 Bank St. City firefighters are on scene and report there's nothing showing. The dryer is in the downstairs unit, which has been evacuated.

UPDATE 7:42 p.m.: Firefighters determined the complaint to be unfounded. They are returning to service.

A man who resides on the fourth floor of Washington Towers told dispatch he was "jumped at Austin Park" and police are going there to interview him about his complaint.

The senior housing complex is located at 1 State St. in the City of Batavia, adjacent to the park.

Several calls have been made to dispatch in recent weeks complaining of fights and other distrubances at Austin Park.

The attorney for Jacquetta B. Simmons, the 26-year-old Batavia resident accused of assaulting a 70-year-old Walmart employee on Christmas Eve, is challenging the constitutionality of one of the laws used to charge his client.

Earl Key, a Buffalo attorney, filed a motion May 31 seeking dismisal of count two of the criminal indictment, which alleges assault in the second degree on a person 65 or older. Key's motion states that the relatively new law on which the count is based violates Simmons' rights under the 5th and 14th amendments of the U.S. Constitution.

Key was scheduled to appear in Genesee County Court today to argue his motions but according to his assistant attorney, Ann Nichols, Key was too sick to appear and she asked that the case be continued until next week.

The continuance benefits Key's case, because according to court discussion between Assistant District Attorney Melissa Cianfrini and Judge Robert C. Noonan, Key did not notify the Attorney General's Office of his motion challenging the constitutionally of the law, as required by court procedure.

Noonan said if Key had appeared today, he likely would have dismissed the motion due to the insufficiency of notification of the AG's office.

Simmons is accused of hitting Grace Suozzi, who was working as a checker at Walmart on Christmas Eve, after the 70-year-old reportedly asked to see the contents of a bag being carried by Simmon's brother. An argument reportedly ensured and according to witness accounts, Simmons allegedly punched Suozzi, breaking bones in her face.

In April, Simmons was arraigned on one count of assault in the second degree and one count of assault in the second degree on a person age 65 or older, making her the first person in Western New York charged under the relatively new statute.

In his written motion, Key argues the statute is unconstitutional because:

• There is no legitimate state interest in affording a higher level of protection to a class of citizen based solely on age;
• The law requires the defendant have knowledge of the victim's age, and a defendant would have know way of knowing a victim's age at the time of the assault;
• The statute is unfair and unreasonable because it elevates "an otherwise garden variety assault" from a Class A misdemeanor to a Class D felony;
• The law is "arbitrary and capricious" in affording a person age 65 and older protection not afforded a person age 64 or younger.

According to Cianfrini's written response, prior case law establishes that legislative acts are presumed to have a legitimate state interest unless clearly shown otherwise, which, she argues, Key did not do.

She wrote that the legislative intent is clearly spelled out in the bill's supporting documents and that the state lawmakers had concerns about protecting the elderly "who are particularly susceptible to crimes as a result of their age."

"Specifically," she wrote, "the legislative history reveals that the statute was enacted because 'seniors are generally more vulnerable to injury and less able to protect themselves from younger persons.' "

Cianfrini also countered Key's point on the defendant's intent and need to know the victim's age, saying the law clearly spells out that the victim only meet the age requirement, not that the defendant know the age of the victim.

Legislative history in fact says legislators expected that "there is no requirement that the prosecutor prove the defendant knew or had reason to know the victim's age."

Simmons is scheduled to reappear in court at 3:15 p.m., June 27, for a hearing on Key's motions, which also include standard pre-trial motions related to the sufficiency of the grand jury indictment and evidence.

Abby Saville, working for The Enchanted Florist, holds sunflowers at the Downtown Public Market, located at the corner of Center and Eillicott streets, Batavia.

The Enchanted Florist is one of a few new businesses participating in the market this year.

The market runs from 9 a.m. to 3:30 p.m. every Thursday from now through Sept. 27.

It features locally grown produce, handcrafted goods and, of course, flowers.