batavia

In Genesee County Court today, attorney Earl Key, representing Jacquetta Simmons, the 26-year-old Batavia resident accused of punching a 70-year-old Walmart employee on Christmas Eve, asked Judge Robert C. Noonan a series of specific questions about how juries are selected in his courtroom.

Key was there with co-counsel Ann Nichols and Simmons for a hearing on motions filed by the defense and as things were wrapping up, Key wanted to be sure he understood Noonan's ground rules.

The information will be important because outside of court after the hearing, Key told reporters, "I definitely intend to go to trial."

From the time Key was first retained to represent Simmons, he's said there's more to the case than has been reported in the media.

Asked to elaborate, especially in context of having now reviewed video surveillance tapes from Dec. 24, Key's only example of misinformation was that it's been reported that the victim, Walmart employee Grace Suozzi, was near the front door working as a greeter. She was actually working as a cashier that day.

Asked if the tape showed anything else, such as whether Souzzi grabbed the bag from Simmons, Key said, "I'll let that come out at trial."

Today's hearing was scheduled to cover a series of motions filed by Key, including a challenge to the constitutionality of a section of New York law that makes it a felony for a younger person to hit somebody over age 65.

This motion was supposed to be heard a week ago, but the Attorney General's Office was not notified of the challenge as required by law.

The AG's office has now been notified, but the letter did not include notice of today's scheduled hearing, so Noonan set another date, July 16, for the hearing.

Noonan said if history is any indication, the AG's office will not send a representative to the hearing, but rather write the court and inform Noonan that it opposes the challenge but reserves the right to appeal if Noonan finds the law unconstitutional.

This is at least the second time the law has been challenged by a defense attorney. The first time was in Queens, and that attorney lost his motion, but Key said he's raising two additional matters not addressed by the previous attorney.

While he declined to elaborate on the differences, Key said the main issue he is challenging is the vague language of the statute.

"It's vague in meaning and unclear," Key said. "It’s unclear if our client had to know if the alleged victim was 65 years of age. That’s the real question here."

If there is a trial, jury selection will begin Aug. 20 in county court.

The July 16 hearing will also be the last opportunity for Simmons to accept any possible or potential plea offer. If no plea agreement is reached before Simmons leaves court July 16, she will either go to trial or have to accept an unconditional plea.

Jamie Call is living the dream. After 23 years as a volunteer with the Stafford Fire Department, Call now wears the uniform of the City of Batavia Fire Department.

Call, at 41, was the second oldest member of his Utica Fire Academy class, which graduated Friday.

Call's first day on his new job was Monday.

Yes, there aren't many 41-year-old rookies in full-time, paid fire departments, acknowledged Jim Maxwell, Batavia's chief, but Maxwell said age isn't a criteria in the hiring process.

"We were very impressed during the interview process," Maxwell said. "He did very well in the oral interviews.He did very well on the physical agility test we put everybody through.

"Age?," Maxwell added, "He’s the one who had to determine that. We’re not going to discriminate by age. He’s still young enough where he’ll get his years in and go through the state retirement system, so more power to him."

Call said becoming a full-time firefighter has been a lifelong dream, but something he didn't really get serious about until a year ago.

"The fire service has meant a lot over the years and coming here it means a lot more," Call said. "I like helping people and this is the perfect job to be in that situation."

Maxwell said Call's 23 years with Stafford will be an asset to the department in two ways. First, Call has acquired some leadership skills and Call might have some different ideas on how to do things that he's picked up from the neighboring department.

"I think we’ll benefit from some of that seasoned leadership on some of the younger candidates we’ve hired over the last year," Maxwell said.

"Because we’re such a small organization I encourage people to be able to think outside of the box," Maxwell added. "If he’s bringing a different perspective from 23 years at Stafford, bringing some of that thought process here, maybe do things differently or more efficiently, then we welcome it."

Call said his biggest concern at age 41 was getting through the physical aspects of testing and training, but he found he was able to handle it all just fine.

Maxwell said all city fire candidates must complete, as part of the application process, the same physical agility course that the state requires academy graduates. It's eight different stations that must be completed in 10 minutes 20 seconds.

"It’s physically challenging," Maxwell said. "I went through it after the candidates did last week and I was, ah, I was whipped.”

Candidates also interview with a panel of six people and are required to write two essays, one on integrity and one on work ethic.

The department is looking for leaders, Maxwell said, because firefighters aren't just responsible for the safety of the community and their colleagues, they are also ambassadors for the department.

"Even though we catch people at their worst time, we need to leave them feeling good about the service we provide to them," Maxwell said.

Currently, there are 12 more candidates competing for the next opening in the department, including several more local volunteers, Maxwell said.

Call said his family (pictured above in a photo supplied by Maxwell: wife Stephanie, daughter Samantha, and son Nicholas) has been proud and supportive of his career change. He suggested we take a look at a drawing his son placed on Call's Facebook wall (reposted below with permission) to see an example of the support he's gotten.

John A. Cabrera Jr., 22, with no permanent address, is charged with criminal mischief, petit larceny and conspiracy; Rosemary R. Waters, 26, with no permanent address, is charged with criminal possession of stolen property and conspiracy. Cabrera and Waters are accused of teaming up on a larceny at Tops Friendly Market at 7:30 p.m., Monday, when Cabrera allegedly used a rock to smash a window of a parked car and steal a purse from the front passenger seat.

Robert VanDyne, 30, of 46 South St., Le Roy, is charged with harassment, 2nd, and two counts of criminal mischief, 4th. VanDyne is accused of being involved in a domestic dispute early Sunday morning in which he allegedly grabbed a female's wrist and twisted a mobile phone out of her hand and then broke the phone, preventing the woman from calling 9-1-1.

Bradley Michael Crandall, 44, of Lake Street, Le Roy, is charged with DWI, driving with a BAC of .18 or higher and leaving the scene of a property damage accident. Crandall is accused of driving drunk in the Tops parking lot in Le Roy at 7:03 p.m., Tuesday, when he allegedly struck a parked vehicle and then moved his car to another parking space.

Genesee County's top cop, Sheriff Gary Maha, said Batavia's new chief of police, Shawn Heubusch, should be given a chance to show what he can do before being criticized publicly.

Heubusch has been on the job for only about a week and City Council President Tim Buckley, a retired city police officer, publicly questioned Heubusch's qualifications. Today, however, Buckley struck a different tone.

"I wish the chief the best of luck in the world and I hope he's successful," Buckley said. "That's from the bottom of my heart."

Maha had a part in the interview process and said he certainly welcomes Heubusch to the local law enforcement community and has pledged his assistance to Heubusch whenever he requests it.

"Chief Heubusch was on the Police Chief Civil Service eligible list so he is certainly qualified in that sense," Maha said in a written statement. "I say give the guy a chance and don't criticize him right from the beginning as the new Police Chief."

Buckley said, "Well, I guess that was directed at me and I think it's a fair statement."

"I may have spoken too quickly," Buckley added. "I might have more emotion about it than anything, having been in the department for 23 years."

There were three people in the department Buckley said he thought were qualified to do the job, but reiterated that he wishes the best for Heubusch.

Sources say Buckley's initial remarks were discussed in a closed door session among city council members on Monday night.

After the meeting, council members Jim Russell and Patti Pacino said Heubusch was vetted by a "highly qualified" selection committee and they support City Manager Jason Molino's decision.

"We told him to go pick someone," Russell said. "He went and picked someone, so now it’s not time to say, ‘no not that one.’ He did what he was supposed to do.  I really don’t have a problem with it."

Pacino said she believed the majority of the council feels the same way.

Councilman Kris Doeringer was unable to attend Monday's meeting and wasn't part of the closed door discussion, but he agreed that hiring Heubusch was Molino's decision and he backed it.

"Past councils voted to let Jason hire the chief," Doeringer said. "I have my confidence in him that he's hiring the right person. I don't see any problem with his hire at all, so I'm more on the side of supporting Jason and that he hired the right person."

The hiring process for chief of police is governed both by New York's civil service law and the city charter. Candidates must be qualified -- which includes taking an exam and having prior experience at a supervisory level -- and under the city charter, the final decision rests with the city manager.

As part of this process, Molino created an interview committee, which consisted of some city staff members and local community leaders, such as Maha, Bank of Castile CEO Jim Fulmer and business educator Barb Shine.

The interview committee is not required either under civil service law nor the city's charter.

Each candidate was given a phone interview and those that made it to the next round were interviewed in person, then they were brought in to see how they react to various scenarios. The candidates had 15 minutes to review a scenario and then answer a series of questions.

The candidates who continued through the process were then given a series of lengthy written scenarios and allowed 48 hours to submit written responses.

After the interview process, the interview committee took several hours over several meetings to review the candidates. 

He said Heubusch was a "consensus pick."

"It's not just me making a decision in a vacuum," Molino said. "It's a thorough review process."

Molino said he's confident about the committee's selection.

"I think Chief Heubusch is an excellent leader with great character and I look forward to working with him during these exciting times," Molino said.

Monday was Heubusch's first chance to meet city council members and members of the local media. After the meeting he chatted with reporters and said he was excited by the opportunity to serve Batavia.

"It’s a great city," Heubusch said. "The department has great resources, mainly the men. They’re the best resource the department has."

Heubusch comes from a family with deep roots in Wyoming County, where he was raised and graduated from high school (Warsaw) in 1993.

He said he knows Genesee County well because as his family was growing up, Batavia was the place to shop and do things.

"This is where we traveled to do our business," Heubusch said.

In 1997, he graduated from Rural Police Training Institute at Genesee Community College and soon after went to work for the Village of Warsaw PD for seven years before being promoted to assistant chief in 2004.

With the new job, Heubusch, who has three children ages 20, 10 and 7, saw his base salary jump from more than $55,000 in Warsaw to $70,000 in Batavia.

When asked about Buckley's comments questioning his qualifications, Heubusch said, "I don’t have any comment on this issue. This is a matter for the council to take up."

Asked if he was qualified, he said of course he is qualified.

"I wouldn’t have applied for the position if I didn't think I was qualified," he said.

Councilman Jim Russell said the best way for all of us to find out if he's qualified is to see how he does on the job.

Russell said if it was him coming into a new position under these circumstances, he would want to prove his critics wrong.

"This is an opportunity to see his character," Russell said.

"The people are going to have to make their own decisions and how they feel about the new chief by what he does," Russell added. "I think I don’t want to influence that one way or the other. I want them to see if he’s a good chief, and we’ll know it. If he’s a bad chief, we’ll know that, too."

Jacob Anthony Gilmore, 26, of Alleghany Road, Darien, is charged with DWI, driving with a BAC of .18 or greater and moving from lane unsafely. Deputy Kevin McCarthy responded to a complaint at 3:57 a.m., Thursday, to a report of a vehicle in a ditch at 2180 Bennett Road, Darien, and following an investigation placed Gilmore in custody for allegedly driving drunk. Gilmore was jailed on $500 bail.

David B. Bruise Jr., 39, of Knapp Road, Akron, is charged with petit larceny and harassment, 2nd. Bruise is accused of shoplifting from Kmart. When Bruise left the store, he allegedly pushed an employee who tried to stop him from leaving. Bruise was located in the parking lot of Target and taken into custody.

Rosemary Renee Waters, 26, of Roosevelt Drive, Batavia, is charged with petit larceny, criminal trespass, 3rd, and false impersonation. Waters is accused of shoplifting at Kmart. When confronted by Kmart security and a Sheriff's deputy, Waters allegedly fled on foot. After a short pursuit, Waters was taken into custody. Waters was allegedly banned from Kmart because of a previous shoplifting complaint. While being processed on the arrest, Waters allegedly provided Deputy Howard Carlson with a false name and false date of birth.

Kyle William Nash, 24, of Main Road, Stafford, is charged with endangering the welfare of a child, unlawful imprisonment, 2nd, and harassment, 2nd. Nash is accused of arguing with another person, pushing that person to the floor and holding that person down for a period of time. The alleged incident occurred within close proximity to a 2-week-old infant.

Timothy P. Brown, 37, of 10 Hutchins Place, rear, is charged with stalking, 4th. Brown is accused of repeatedly contacting a former friend after being told to stop contacting that person. Brown was allegedly texting the former friend after the former friend asked him to stop and after he was warned by police to have no further contact.

Maxwell Raymond Pfendler, 20, of South Lake Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater and unlawful possession of marijuana. Pfendler was stopped at 7:55 p.m. Saturday on Route 63, Batavia, for allegedly speeding by Deputy Matthew Butler.

Wayne H. Austin, 37, of Ivison Road, Byron, is charged with reckless endangerment, 2nd. Austin is accused of purposefully swerving his vehicle in the roadway at another vehicle.

Linda K. Garrettson, 55, of Wynanskill, is charged with possession or sale of unstamped cigarettes and possession and transport of 10,000 or more unstamped cigarettes; James A. Lapi, 60, of Palatine Bridge, is charged with possession and transport of 10,000 or more unstamped cigarettes. Garrettson and Lapi were arrested by State Police. Garrettson was taken into custody at the State Police Barracks in Batavia at 1:21 p.m. Friday, and Lapi was arrested on Bloomingdale Road at 10:15 a.m., Friday. Lapi was jailed on $700 bail.

It's a beautiful day, I'm at Dewitt (for the fishing derby), and I have my camera -- naturally, I'm going to take pictures of whatever seems interesting.

BTW: I highly recommend a visit to Dewitt. Paul Osborn, the county's parks supervisor, is doing a great job of creating trails, lookouts and rest stops around the lake. Dewitt is becoming one of Batavia's great assets.

More than 50 kids turned out to the Dewitt Recreational Area this morning for a perfect day of fishing in the first ever "Fishers of Men" fishing derby.

The event was organized by Kevin Lawson, a retired officer of the Department of Environmental Conservation, who said he wanted to do something to get children into the outdoors.

"One thing I knew on the job is kids are getting out doors less and less," Lawson said, adding that Dewitt is a great resource in the county that a lot of people don’t even know about.

Participants competed for prizes based on their age group for longest fish and first fish caught.

The event was sponsored by Batavia Assembly of God Church, Royal Rangers, Care-A-Van Ministries, New York Conservation Officers Association, Batavia Marine, Walmart, Kmart, Paul Osborn, Genesee County, Joe Reisdorf and Hunter's Landing.

I didn't get IDs on everybody in our pictures, but above, Joshua, 10, casts his line out; the next two shots down, Pastor Dan Schmidt and his son, Garrett, 7.

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."