batavia

If somebody contacts you claiming to be a relative in another country and in trouble with the law, local police are warning: use caution.

Today, according to police, a Batavia resident received just such a call and went to Tops Market with the intention to wire a significant amount of money to this "relative" in Lima, Peru (or claiming to be in Lima, Peru).

Alert employees at Tops were aware of the scam and suggested the resident contact Batavia PD.

A police investigation revealed the actual relative was safe and not in police custody.

The Batavia PD is encouraging residents to be wary of anyone requesting bail money via a Western Union wire transfer.

Police are looking for a 13-year-old who disappeared and may be traveling with his non-custodial mother after she passed through Batavia to visit with him.

Michael Smith was last seen with his mother at 8 a.m., Monday, boarding a bus in Buffalo.

His non-custodial mother is Anna M. Spencer, aka, Anna M. Smith, 49, who has no permanant address and is known to travel from place to place.

Michael Smith was reported missing after not returning from a visit with his mother at a hotel on Oak Street.

Anyone who has information or has seen either of these two individuals is asked to call Genesee County Dispatch at 585-345-6350 and ask for a City of Batavia Police Supervisor.

City of Batavia responded to a small fire in an RV this morning at 86 S. Main St., Batavia.

The RV was parked near a structure, but was put out quickly.

Ladder 15 and Engine 12 were back in service by 7:45 a.m.

Kathryn Hughes Whipple, 34, of North Main Street, Lyndonville, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely, failure to keep right and unlawful use of a mobile phone. Whipple was stopped at 1:50 a.m., Saturday, on Lewiston Road in Oakfield by Deputy Jason Saile.

William C. Leyden, 30, of 23 Parkhurst Drive, Hudson, N.H., is charged with criminal possession of a controlled substance, 7th. Leyden was allegedly found in possession of cocaine while at 3 Ross St., Batavia. NYS Parole assisted in the investigation. Leyden was jailed on $1,000 bail.

Jeremiah Thomas Altrogge, 28, of Cedar Street, Akron, was arrested on a bench warrant. The warrant was issued out of Alabama Town Court. Altrogge allegedly failed to pay a fine on an incident in August 2011. Altrogge was jailed on $1,000 bail.

James John Bachorski, 43, of Webber Avenue, Oakfield, is charged with unlawful possession of marijuana. Bachorski was allegedly found to be in possession of a marijuana pipe during an investigation into an alleged domestic dispute on Batavia Oakfield Townline Road. Bachorski's vehicle was stopped on South Pearl Street, Oakfield.

Daihnath Grady Geiogamah, 36, of Route 438, Irving, is charged with disorderly conduct. Geiogamah is accused of being involved in a domestic incident at 11:10 p.m., Saturday, at a location on Route 63, Town of Batavia, in which she allegedly threatened to fight family members and Sheriff's deputies. Geiogamah was jailed on $500 bail.

A car has rolled over on Route 98 just north of West Saile Drive.

The driver is believed to be out of the car.

Town of Batavia Fire Department and Mercy EMS responding.

UPDATE 9 a.m.: Vehicle is on its side in the front yard of the residence. Driver out walking around, not injured. A responder warns caution for others approaching the scene, "98 is just a sheet of ice from Elba all the way to the city."

UPDATE 9:23 a.m.: Female driver being transported to UMMC for evaluation.

UPDATE 9:40 a.m.: Deputies still on scene discussed the traffic situation. Cars and trucks were struggling to get up a hill on Route 98. State DOT salted the road about five minutes prior. The scene is now clear.

A 21-year-old driver who reportedly slammed his van through a guard rail and into the Tonawanda Creek off Walnut Street early Sunday morning has been charged with DWI.

Zachary D. Leitten, of 9351 Shepard Road, Batavia, was transported to UMMC after the accident and treated for injuries.

Beside facing a DWI charge, Leitten was cited for alleged speed not reasonable and prudent, moving from lane unsafely and driving on a sidewalk.

Officer Jason Ivison investigated the accident.

A 21-year-old man was able to get himself out of his van early this morning after he drove it through a barrier on Walnut Street and into the Tonawanda Creek.

A witness said the van appeared to have crashed through the barrier at a high rate of speed and a police source said he may have been drinking.

No official police report is available this morning.

The accident occurred shortly after 5:30 a.m. at the turn of Walnut Street into South Main.

Cassandra Costner, who lives with her husband and children right at the intersection, said her family was sleeping when they heard a large boom. She looked out the window and saw the barrier down and called 9-1-1.

When she came outside, she said she and her husband were surprised by what they found.

"We saw the car in the creek and were like, 'Oh, wow, crazy,'" she said.

Costner said the driver came up the bank of the creek saying, "I'm OK. I'm OK. It's not as bad as it looks."

The driver was reportedly transported to UMMC by Mercy EMS, but no information has been released on his injuries, if any.

While at least one witness said he saw somebody running from the scene, Costner said she didn't see anybody at the scene other than the driver.

The van went through a wooden, reinforced barrier, a chain-link fence, over a boulder and down about 10 feet of embankment before landing in the water.

"We've lived here six years and never seen a car go in the creek," Costner said. "It's just crazy that somebody was going that fast, but people go flying down this road. It's gotten better since they put in the roundabout, but people just haul ass down this road."

A vehicle has gone down an embankment on the westbound side of the Thruway in the area of mile marker 391 or 391.

Dispatchers have received several calls and they believe the car was eastbound and crossed over the median and across the westbound lanes.

Unknown injuries.

Town of Batavia Fire Department and Mercy EMS dispatched.

UPDATE 10:23 p.m.: The vehicle came to rest in the front yard of a residence on Cheryl Lane. Two people are out of the car and apparently uninjured. 

UPDATE 10:29 p.m.: All Town of Batavia units back in service.

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UPDATED 10:08 a.m.; UPDATED 10:19 a.m.

Two men from Rochester were arrested Thursday morning in Batavia after a possible burglary was reported on Maple Street.

A Maple Street resident called Emergency Dispatch at 4:30 a.m. to report observing two men removing items from a neighbor's residence and loading items into a vehicle.

Batavia BP and Sheriff's deputies responded and the vehicle was located on Oak Street.

The vehicle allegedly contained items taken from the Maple Street residence.

Taken into custody were Eric P. Doleman, 41, no permanent address, and Frederick H. Robidoux Jr., 49, no permanent address.

The suspects appear to have targeted the apartment at 10 Maple St., Batavia, because they knew the resident, Edward R. Freida, is being held in Genesee County jail without bail on drug and weapon charges.

Both men where charged with burglary, 2nd.

Doleman was also arrested Dec. 23 following a report of a car being broken into an items being stolen in the Kmart parking lot. Deputies and city PD responded to the call and reportedly stopped Doleman's car on Park Road. He was issued an appearance ticket for misdemeanor counts of criminal mischief and petit larceny.

There was another smash-and-grab on a car in the Tops parking lot that day, and there have been similar crimes committed in the parking lots of area hotels. There is some suspicion that Doleman may have been involved in those cases, too, according to Chief Deputy Jerome Brewster, though no charges have been filed.

While police list Doleman as having no permenant address, he does appear to have ties to Batavia and was a resident, according to a source, of Thorpe Street a year ago before being evicted "because of excessive police calls," the source said.

Doleman may also yet be charged with criminal possession of a weapon, Brewster said.

Doleman and Robidoux were jailed without bail.

Photos: Doleman, top; Robidoux, bottom.

Valjean Charles Burns, 65, of North Pearl Street, Oakfield, is charged with forcible touching. Burns is accused of forcibly touching the intimate parts of a female Dec. 8.  An order of protection was issued.

Jesse Sumner Repass, 25, of Pine Street, Oakfield, is charged with petit larceny and trespass. Repass is accused of stealing aluminum from Allen Foods, Inc., on Stevens Street, Oakfield.

Rosemary R. Waters, 25, of 139 Bank St., Batavia, is charged with petit larceny. Waters is accused of shoplifting from Dollar General on East Main, Batavia.

Charlene Olivia Leubner, 34, of Bradnell Avenue, Le Roy, is charged with criminal contempt, 2nd. Leubner was allegedly found sitting in a car talking with a person protected by court order from contact by Leubner.

A woman has hit a dog near the five corners on Bank Street Road, Batavia.

The dog is injured. The woman's car is damaged.

A Sheriff's deputy is responding.

The woman doesn't know who owns the dog.

A tractor-trailer has reportedly lost a box of nails on West Main Street near River Street, Batavia, and the contents are "spread out over quite a distance."

The nails are in an eastbound lane.

A Probation Department car has been involved in an accident on West Main Street near Bogue Avenue.

It's a minor, two-car accident with no injuries and it's not blocking traffic.

Batavia PD responding to take a report.

A two-car accident is reported at West Main and Lyon streets. One passenger is complaining of back pain. A State Trooper is on scene. City fire and Mercy EMS are responding.

UPDATE 12:39 p.m.: A second ambulance is dispatched to aid another person complaining of back pain.

UPDATE 1 p.m.: A man is being taken to UMMC after complaining of back pain. The other medic is back in service.

Jacquetta B. Simmons is the first person in Genesee County to be prosecuted under a law passed by the State Legislature in 2008 making it a Class D felony to assault and cause injury to a person 65 or older.

The legislation, called "The Granny Law" and sponsored by Speaker Sheldon Silver, was passed in response to a series of violent attacks on elderly people in New York City, including the violent mugging of a 101-year-old woman, Rose Morat, of Brooklyn.

Gov. David Paterson signed the legislation into law as part of a package of laws protecting seniors from "elder abuse," both physical crimes and scams.

As a felony, defendants charged under the subdivision of assault in the second degree face a possible state prison term of anywhere from 2 to 7 years, but, unlike higher-level violent felonies, a state prison term is not mandatory for a Class D violent felony.

That will leave room for a plea deal for Simmons, but the case is still very early in the process and District Attorney Lawrence Friedman said his office hasn't had the opportunity to review the evidence yet.

The case will eventually move from Town of Batavia Court to Genesee County Court. But before that happens, there needs to be either a waiver of a grand jury presentation or the case must be presented to the grand jury.

"We haven't received the case yet," Friedman said. "The next step is we get the file and review the evidence."

Based on a review of the evidence and the circumstances of the case, Friedman's office will determine how to proceed with the case.

Simmons is scheduled to reappear in town court Jan. 23.

The 2008 law will make the case somewhat easier to prosecute, Friedman said.

In a situation such as this, in order to sustain a charge of assault in the second degree, prosecutors were previously required to prove "serious physical injury." But the 65-or-older charge requires only that the prosecution prove that the suspect intentionally caused "physical injury" to a victim who is at least 65 years old and that the suspect is more than 10 years younger than the victim.

"We're grateful that this newer charge is there for a situation like this," Friedman said. "It gives us an advantage. We don't have to establish serious physical injury just physical injury. That lessens our burden."

Police have been dispatched to the Thruway overpass on Route 98 where a person is setting up a tripod and camera.

(For the record, it's not me -- though if somebody called police every time I set up a tripod and a camera I'd spend a lot more time talking with deputies and a lot less time taking pictures.)

A fast-paced performance entitled "Therapy" opens tonight in the Harvester 56 Theater on Harvester Avenue, Batavia.

The performance consists of various dances set to pop and rock songs that many members of the audience may identify. 

Genesee County natives Tara Pocock and Trent Jeffords came up with the concept and choreographed the production. In addition to the two choreographers, the cast includes Amanda Crowley, Zack Durkin and Erin Dunham.

The show, which lasts approximately one hour, is composed of numerous dances and a few spoken lines that tell the stories of fictional characters who take part in a group-therapy session. 

Due to the adult themes depicted in the dances, the production is recommended for teenagers and adults. 

Each of the characters has a specific personality and unique problems, which are more fully developed in the second act. The performers make good use of the black box stage, which allows audience members to have a good view of the dancers from three sides of the stage in this intimate setting.

"Sometimes we discover that what seems like the smallest of problems actually have an enormous effect on our lives, Jeffords said. "This show is the embodiment of this concept."

"Therapy" will be performed at 7:30 p.m. on Wednesday, Thursday and Friday. The proceeds collected from audience members' suggested donation of $5 will be used to support community theater through the Batavia Players.

Calling it "Grace for Grace," a Walmart employee contacted The Batavian and said employees have set up a clear box at the customer service desk for well-wishers to drop off get-well cards for Grace Suozzi.

Cards can also be mailed to Grace Suozzi at the store, Walmart, 4133 Veterans Memorial Drive, Batavia, NY 14020

Previously:

• Walmart greeter, age 70, seriously injured after allegedly being punched by 26-year-old woman
• Witnesses describe combative situation after Walmart employee asked to see receipt

The 26-year-old Batavia resident accused of hitting a Walmart employee on Christmas Eve, yelled several obscenities at the 70-year-old woman before punching her in the face, according to several witnesses who made statements to the police.

The statements are contained in the court file of Jacquetta B. Simmons, of 106 Ellsworth Ave., Batavia, charged with two counts of assault in the second degree.

Th statements are from a dozen witnesses who describe the alleged incident either in detail or made the same general observations.

The altercation began, according to reports, when the employee asked a companion of the suspect for a receipt for merchandise in a shopping bag he was holding. Both of the customers refused to produce a receipt, according to the reports, at which point the employee reportedly grabbed the bag from the man.

The employee and a manager said they were enforcing Walmart policy, but numerous online articles say blanket policies have proven legally treacherous for retail stores.

More than a dozen statements about the alleged incident are contained in the court file of Simmons.

The employee, Grace Suozzi, was taken to UMMC where she was treated for injuries to her eye, jaw and cheek, including bone fractures. Souzzi's glasses were also broken when she was hit.

Suozzi gave a statement to a trooper while at the hospital.

"I was working at Walmart on register 2 when I asked a man for a receipt," Souzzi says in her statement. "The man said that the bag was the female's who I was checking out. The man and the woman both refused to show me the receipt, which is the company's policy. I paged my manager about three times. I walked around and took the bag from the man. The female grabbed the bag from me, yelling at me saying the F word every other word. I grabbed the bag back and the bag tore."

According to Suozzi's statement, customer service managers arrived at the register and the argument continued and, as Souzzi put it, "the female decked me."

While Suozzi states she was upholding store policy, several online articles indicate if Walmart's policy is to detain and require a customer produce a receipt for a purchase without suspicion of theft, it may be violating the customer's rights.

The Washington Post wrote about such policies in 2007 and The Legality, an online law journal, examines the issue in some detail.

According to online accounts, receipt checks must be voluntary and customers cannot be detained unless an employee has a specific belief that a theft may have taken place.

A spokeswoman for Walmart said the company may release a statement later on its actual receipt check policy, but meanwhile she referred The Batavian to a loss prevention expert with the National Retail Federation, based in Washington, D.C.

"Of course," a customer may refuse to produce a receipt, said Joe Larocca, but a store may also refuse service to customers, and a customer who isn't cooperative may find himself barred from the store in the future.

Every retail chain has its own policies, Larocca explained, but they're all active in aggressive loss-prevention measures.

A retail store employee can detain anybody the employee reasonably suspects of theft, Larocca said, and stores are legally protected when an actual theft is suspected.

Nationally, retail stores lose $35.3 billion to theft each year.

"The number of consumers who complain are just a handful of people," Larocca said. "By and large, customers regard the request for a receipt as reasonable. They recognize that stores must protect their merchandise. Everybody recognizes that losses in the store mean higher prices at the registers."

But online stories indicate there are times when customers challenge an employee requesting a receipt for an item purchased, such as an account in The Consumerist of a man who remained calm when confronted by Walmart employees in Virginia and eventually walked out of the store with his purchase despite never showing his receipt.

Witness accounts from Christmas Eve, however, indicate Simmons was anything but calm during the confrontation.

"Cashier Grace was working at register 2," wrote a store manager. "She asked to see a customer's receipt for a bag of merchandise they had. The woman refused to show a receipt. Then the woman began swearing loudly at Grace. The woman grabbed the bag out of Grace's hands and then punched Grace in the face causing Grace to fall to the floor."

A customer wrote, "... they were surrounded by the CSM's (customer service managers) ... they were trying to talk to her but the customer was furious and swearing and she tried to take the bag from Grace's hands so all the stuff dropped on the floor. Finally she punched her in the face and threw Grace 10 feet away."

Nearly every account describes Simmons yelling obscenities at Souzzi before allegedly hitting her.

Witnesses say Simmons was with an unidentified man who in one account tried to keep Simmons calm and in another was yelling into a mobile phone.

The accounts of store managers also indicate they believe it is Walmart's policy for customers to produce a receipt upon demand.

One manager wrote, "I was called over to register two today and asked by the customers why cashier Grace wouldn't let them leave without seeing a receipt. I told them I know that Grace had done the right thing and that we couldn't let them leave without a receipt. They started to get rude and loud and I called (another employee) over to help with the situation."

It's unclear from the statements if Suozzi was engaged in a systematic process of checking receipts, or engaged in other activities and singled out Simmons and her companion for some reason. It's also unclear why Simmons and her companion had a bag full of previously purchased merchandise while at the cash register.

The court file contains no statements by Simmons nor her companion.

State Police have said that Simmons did have a receipt for the items in the bag and is not accused of stealing anything from Walmart.

The Batavia resident is out of jail on $40,000 bond and is scheduled to appear in court again Jan. 23.

Simmons is charged with two counts of assault, 2nd, one for allegedly causing serious injury and the other for allegedly injuring a person 65 or older.

As a first-time offender, Simmons is facing a possible sentence, if convicted, of two to seven years in prison.

The statute making assault on a person 65 or older a Class D felony was passed in 2008.

NOTE: On Sunday, we published a story with a witness statement saying Simmons was smiling after she was cuffed. We've heard from several other people who contradict that statement, describing Simmons conduct in widely differing accounts, from hysterical, to angrily yelling, to calm and emotionless, but nobody else reports seeing her smiling.

Cookies and Milk would like to inform everyone in the community that they going out of business as of Saturday, Dec. 31.

There are lots of items for sale such as an oven, tables and racks. All equipment is for sale.

Stop by Cookies & Milk, 29 City Centre or contact Lorraine Schaub at 585-356-7759 for additional information.