batavia

Daniel Clarence Merrell, 45, of Rose Road, Batavia, is charged with grand larceny, 3rd. Merrell is accused of stealing scrap metal form his employer in June. Merrell was jailed on $10,000 bail.

Daniel W. Brown, 26, of Oneida, is charged with DWI, driving with a BAC of .13 and speeding. Brown was stopped by State Police on Monday, on Route 77 in Darien as part of an enforcement detail in the area. During the detail, troopers issued 16 tickets to motorists for various alleged violations.

Danielle M. Stevens, 35, of Elba, is charged with possession of a forged instrument. Stevens was arrested by State Police on Friday for an alleged incident reported July 10. No further details were released.

Brittany B. Simmons, 19, of Rochester, is charged with unlawful possession of marijuana. Simmons was cited in Bergen on Friday by State Police.

Press release:

Batavia Downs Casino generated more than $11.5 million for education during the first two fiscal quarters of 2012 (January - June), according to the recently released data by the Division of Lottery. As part of Batavia Downs Casino’s ongoing support of New York’s education, 51 percent of Batavia Downs Casino net win is given to the New York Lottery.

“We’re proud to our contributions to New York State Education, year after year," said Mike Kane, president and CEO of Batavia Downs Casino.  “Compared with the revenue generated last year in the same time period, we’re looking at major growth.”

Batavia Downs’ contributions from January – June in 2011 were 9.86 million dollars, making this year’s contribution a 17-percent increase from last year.  Since opening in 2005, Batavia Downs Casino has generated more than $120 million in education funding for New York.

An ATV rider faces multiple charges following an accident that occurred after he allegedly failed to stop for law enforcement at 2:18 p.m., Monday, on Creek Road in Batavia.

According to Deputy Chris Parker's report, Adam J. Arsenault, 26, of Hutchins Street, Batavia, was southbound on Creek Road on a 1997 Honda ATV when Parker turned on his emergency lights and attempted to initiate a traffic stop.

Arsenault allegedly failed to stop and then attempted to initiate a left-hand turn onto East Road at a speed too fast to safely complete the turn.

The ATV struck a telephone utility box and then a wire fence ejecting Arsenault.

The rider suffered non-life-threatening injuries and was transported by Mercy EMS to UMMC.

Parker issued citations to Arsenault for allegedly failure to yield to an emergency vehicle, driving an unregistered and uninsured ATV and operating an ATV on a public highway in violation of the law.

The wife of of a man who previously admitted to welfare fraud totaling more than $17,000 entered a guilty plea Monday to one felony count of attempted grand larceny, 3rd.

Deborah Schramm, 31, faces a possible sentence of six months in jail and five years probation.

She will also be expected to help pay back $17,026.39 in social services benefits illegally obtained.

Michael Schramm, 36, entered a guilty plea July 13 to a single count of offering a false instrument for failing and agreed to pay back the $17,000 to the government.

Both were accused of seeking and accepting public assistance while Michael Schramm was working an undeclared farm job in Niagara County.

Deborah Schramm was originally charged in April with five counts of offering a false instrument for filing and one count of grand larceny, 3rd. The guilty plea Monday satisfies all charges.

Schramm is now disqualified from future food stamp and temporary assistance benefits.

Pending sentencing Oct. 10, Schramm is out of jail under the supervision of Genesee Justice.

There's no doubt bath salts have added to the workload at UMMC's ER, according to Chief Medical Officer Michael Merrill.

Merrill said emergency room staff deals with patients coming into the hospital on practically a daily basis who often need to be restrained and sedated.

"We see fairly frequently individuals coming in with intoxication and basically acute psychosis from (bath salts)," Merrill said. "It's quite common."

While Merrill is not working directly in ER, so he can't confirm specifics of patient behavior, they are often described as confused, delusional and agitated.

Those are all common traits with amphetamine-type drugs taken in high doses.

"I don't think people are trying to achieve psychosis," Merrill said. "They are just looking for the high.

"What drug users do is dose themselves for drugs," Merrill added. "They make a calculation on how much they want to take and I don’t think that is an easy calculation to make."

A miscalculation leads to an overdose and the bizarre behavior now associated with bath salts.

In Batavia, recently, we've seen reports of people climbing on roofs, waving knives and calling 9-1-1 to report the sounds of gushots fired.

Talk to just about anyone about bath salts and invariably somebody mentions face eating.

Rumor has it, people high on bath salts have a propensity to try and take a bite of other people's faces.

Merrill said there's no reliable evidence that's a behavior associated with bath salts.

"I don't know if there's anything specific about bath salts that would make anybody want to bite anybody's face," Merrill said. "I know that’s in the news, but I don’t know that’s an intoxicating feature of bath salts. It’s not known to be a typical intoxicating feature of bath salts."

One interesting aspect of reports about bath salts is the patchy nature of the seeming epidemic across the United States. Some communities, such as Batavia, Utica, Fulton and even big cities such as Los Angeles, seem to have significant problems with bath salts. Yet Merrill said he talks to colleagues in places such as San Francisco and Buffalo and is told bath salt problems are rare.

Meanwhile, the Batavia Daily News reported today that 420 Emporium, 400 Ellicott St., Batavia, has been selling a bath salt known as Amped.

The story doesn't even use the word "alleged" to describe the assertion that 420 Emporium has been selling the controlled substance.

A reporter said she observed Amped transactions Saturday night and that an employee handed a package of Amped to Councilwoman Rosemary Christian after she inquired about purchasing the drug (Christian did not complete the purchase). 

An employee reportedly said the shop would continue selling Amped until today.

U.S. Attorney for Western New York William Hochul confirmed today something he told The Batavian last week, that as he understands the new law, as of July 9, when President Barack Obama signed legislation sponsored by Sen. Chuck Schumer, it is a federal crime to sell and possess bath salts.

If it's true that 420 Emporium sold bath salts through Sunday, and the law was effectively immediately upon the president's signature, any such alleged sales would be in violation of federal law.

Also, if the store employee said sales would be discontinued, he is implicitly admitting to bath salt sales prior to today. Besides the new law, bath salts were on a Drug Enforcement Administration emergency controlled substance list prior to July 9 and illegal to sell, though the federal government had a much higher bar to cross to prove any crime.

When The Batavian entered 420 Emporium today, as soon as we identified ourselves, a stocky male employee pointed to the door and said, "Have a nice day."

We asked, "Is the information in this article accurate?"

He repeated the gesture and said, "Have a nice day."

When asked if he wanted a chance to correct any issues, he said, "Please leave." 

The employee refused to answer a number of repeated questions, saying each time, "Have a nice day."

The Batavian then attempted to contact the owner of the 420 Emporium chain by calling the Brockport store and the Fulton store. Both employees took messages and the employee in Fulton offered to send a text message to the owner with our interview request. So far, the owner has not called The Batavian.

There is another delay for a hearing to determine the constitutionality of the elder abuse law being used to prosecute 26-year-old Jacquetta B. Simmons for allegedly punching 70-year-old Grace Suozzi on Christmas Eve at Walmart.

The Attorney General's Office, which has the option of offering its opinion on the constitutionality motion by Attorney Earl Key, contacted Judge Robert C. Noonan today and asked for more time to further review the case.

Whether the AG's office will offer a defense of the law, either in writing or in a court appearance, has yet to be determined.

The hearing date has been rescheduled before and was on the court calendar for today, but has now been moved to 11:45 a.m., July 30.

Today was also the last day Simmons had to accept a plea offer from the District Attorney's Office or be left with only two options, go to trial or make an unconditional plea.

The offer Simmons turned down today was to plead guilty to the second count of the indictment -- the Class D felony assault charge with the elder abuse provision -- and let Noonan determine her fate.

Under the plea offer, Simmons wouldn't serve more than three-and-a-half years in prison, but Noonan would have had the option for a community-based sentence (meaning a little one-day jail time and probation).

Also, the date of the trial -- originally set to start on Aug. 20 is now in doubt. Even though Key originally agreed to the date, it turns out he also has a trial scheduled in Erie County that week.

Noonan's clerk will contact the Erie County clerk to determine whether the other trial can be moved to another date, or if the Simmons trial needs to be rescheduled.

The painting above is titled "The Clash of Cultures," in it artist Tom MacPherson shows us some of the dynamics of his family history.

It's part of a new exhibit at Genesee Community College's Rosalie "Roz" Steiner Art Gallery called "Documente: The Italian American Family Album," which includes original egg-tempura portraits, old-fashioned furniture, photographs, music and stories. It will be on display through Aug. 27.

"Clash of Cultures" depicts MacPherson's two grandmothers in 1940s Le Roy. Grandma MacPherson (foreground) was a Methodist (the ribbon around her waist reads "Methodist Church of Le Roy") of Scottish ancestry, whereas Grandma O'Geen (Gugino) was Italian and Roman Catholic.

While Grandma MacPherson stands outside, Grandma O'Geen stands secure in the "bastion" of her Catholic household (behind the front door), with Swiss Guards from the Vatican guarding the entrance, St. Peter (the first Pope) standing by her side, and Pope Pius XII (upper left) keeping watch overhead.

Born in Batavia and raised in Le Roy, MacPherson now teaches studio art at SUNY Geneseo. His family history is kind of a microcosm of Le Roy's overall past.

His Scottish forebears came to Le Roy in 1801, before it even became a town.

"They were the ones who set the tone for what the local culture would be all about," MacPherson said. "And then my Sicilian relatives had to blend into that."

From the MacPhersons' immigration from the Scottish Highlands to the O'Geens' (who changed their name from Gugino to more easily fit in with American culture) immigration from Sicily in 1896, "Documente" is a detailed panorama of the artist's roots.

Included are the adventures of intrepid MacPherson aunts, elderly Italian aunts praying their Rosaries, the persecution of Italian immigrants by the Ku Klux Klan in Le Roy, and the experience of fathers and uncles in overseas wars.

Scenes re-creating household decor circa 1940-60 add three-dimensional reality, an intimate visit into the artist's everyday world at that time. 

Here in "The Pioneer," MacPherson depicts his bold, adventurous great-aunt Kitty standing on the rocks of her ancestral Scotland.

"No, I'm Not Colonel Sanders" depicts great-uncle Rossolino Barone. Like all of MacPherson's portraits, this is based on a family photograph -- in this case, of uncle "Ross" at a family wedding in the 1970s.

In the background is the drug store that he owned in the Rochester suburbs, and overhead are angels borrowed from Fillipino Lippi's "Madonna with Child and Saints."

MacPherson incorporates images from Italian Renaissance art into his portraits in order, in his words, to "infuse my relatives with their heritage."

"I wanted my Italian relatives to be able to relate to their heritage," he said. "And I wanted (the Renaissance elements) to say something about their personalities."

In the case of uncle Ross, the angels are showering roses on him for the kindness he showed other people.

Great-aunt Catherine MacPherson is the subject of "The Conversion of Great-Aunt Catherine." Catherine was an Army nurse during World War I, and she converted to Catholicism in France after seeing the bravery of the priests and nuns who took care of the wounded and dying.

She is set against the background of her ancestral home in the Scottish Highlands, and the overhead image represents her conversion (when she "saw the light").

The subject of "The Walking Dead" is MacPherson's father, Neil Lewis MacPherson. According to the written description next to the portrait, Neil came back home a "changed man" as a result of his experiences in World War II. MacPherson chose to illustrate this by appropriating the figure of death (right) from German artist Hans Baldung Grien's "The Three Ages of Death."

Here are a few other "Documente" displays:

A series of photographs in honor of MacPherson's cousin, Frank O'Geen.

"La Vita Mia"

"What Ya Gonna Do?" (a portrait of an aunt surrounded by religious icons)

"The Adventures of Great-Uncle Pete" (To view a video explaining this one, click here.)

Having explored the history of the two sides of his family in this exhibit, MacPherson is now working on a book on the subject. He hopes to have it published within the next few years.

Roz Steiner gallery is located at 1 College Road in Batavia and is open from 10 a.m. until 4 p.m. Tuesday through Friday. Admission is free. Gallery Director Shirley Tokash Verrico always welcomes group tours (though children's groups may not be appropriate, as some of the images are more suited to adult audiences).

For more information, email Verrico at stverrico@genesee.edu or call 343-0055, ext. 6490.

Announcement from the Batavia Youth Bureau:

Due to extreme weather conditions predicted for Tuesday, the Batavia Summer Recreation Program (Parks Program) will close for the day.  

The weather is predicted to be 95 to 100 degrees and humid, which makes being outdoors unsafe for people of all ages.  

The number one concern of the Batavia Youth Bureau and Summer Recreation staff is the safety of the program participants; therefore, the Youth Bureau reserves the right to close for conditions that pose a threat to the staff and the participants.

Should you have further questions or concerns, please call the Youth Bureau at 345-6420.

Joseph Anthony Auricchio, 21, of Route 20, Darien, is charged with petit larceny and promoting prison contraband, 2nd. Auricchio is accused of stealing two candy bars from a Volunteers for Animals donation box at the Genesee County Animal Shelter and then attempting to bring those candy bars into the Genesee County Jail. According to the Sheriff's Office, Auricchio was made a trustee July 6 to replace as trustee an inmate scheduled to be released. On July 6, Auricchio was among three inmates tasked with custodial duties at the animal shelter. When the three inmates were returned to the jail by Deputy Ron Meides, a search allegedly found the candy bars hidden in Auricchio underwear. The candy bars were unapproved merchandise to allegedly bring into the jail.

Bradley J. Broadbent, 32, no permanent address, is charged with criminal mischief, 4th. Broadbent is accused of entering bathrooms of an office complex at 29 Liberty St., Batavia, and damaging fixtures some time before 3:20 p.m., July 6. Broadbent is currently being held in the Genesee County Jail on several other charges stemming from alleged events that same day.

Kenneth Scott Lathrop, 25, of Ruhlmann Road, Lockport, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and open container with intent to consume. Lathrop was allegedly found in a Monte Carlo parked at the side of the road on Route 262 just east of Fisher Road, Oakfield. Deputy Tim Wescott had responded to the area at 6:30 p.m., Saturday, after the Sheriff's Office received reports of a Monte Carlo speeding and unsafely passing other vehicles.

Patricia Marie Anderson, 27, of Walkers Corners Road, Byron, is charged with petit larceny. Anderson is accused of shoplifting from Kmart.

Katherine L. Urf, 51, and Joseph M. Franchi-Platten, 28, of 218 Elicott St., lower, Batavia, are charged with petit larceny. Urf and Franchi-Platten are accused of shoplifting food items from Tops.

Joanne Jefferson, 53, of 23 Walden Creek Drive, Batavia, is charged with felony DWI, driving with a BAC of .18 or greater, driving left of pavement markings and consumption of alcohol in a motor vehicle. Jefferson was arrested after Batavia PD received a report at 10:22 p.m., Saturday, of an erratic driver heading west on Route 5 into the city. Jefferson was stopped by Sgt. Dan Coffey. Jefferson allegedly has a prior DWI conviction within the past 10 years. She was jailed on $500 bail.

A 4-wheeler accident with injuries is reported a 3808 Pearl St. Road in the Town of Batavia. Mercy EMS and East Pembroke Fire Department are responding.

UPDATE 7:17 p.m.: East Pembroke's fire equipment is being held in quarters. The ambulance is continuing.

UPDATE 7:29 p.m.: No word on injuries. The assignment is back in service.

A 14-year-old Batavia boy, if not for his age, would be facing four Class D felony charges of sexual abuse in the first degree, according to Le Roy PD.

The case has been referred to Family Court and because of the youth's age, his name was not released.

The youth is accused of subjecting a child under 11 years of age to sexual contact on at least four occasions in the past year.

There was music, food and fashion Saturday at the Genesee County Airport for the first-ever Wheels and Heels fundraiser sponsored by the YWCA.

While models milled through the crowd in gorgeous gowns, attendees could stroll through an event filled with not only jewelry, but also a variety of transportation on wheels, from airplanes to police cruisers to classic automobiles.

The event raised money to help the YWCA expand its services for children who are sometimes the forgotten victims of domestic violence.

The programs will help children deal with the emotional, psychological and relational challenges that come with being in homes where domestic violence takes place.

Batavia police are looking for a man who a caller reports is acting suspiciously, peeking in windows and going to houses "presenting himself aggressively." It is not clear whether he is selling something. He was last spotted looking into windows at 5 S. Spruce St. He is black, about 140 pounds, wearing a blue T-shirt, shorts, bright green sneakers and toting a backpack.

A former Batavia resident admitted to welfare fraud in Genesee County Court on Friday, pleading guilty to a single felony count of offering a false instrument for filing.

Michael Schramm, 36, also agreed to pay restitution of $17,026.39.

As a second felony offender, Schramm faces from one-and-a-half to three years in prison and will be sentenced at 9:30 a.m., Sept. 7

The former area resident was originally charged in May with two counts of offering a false instrument for filing and grand larceny, 3rd.

Schramm was accused of failing to report full-time farm employment in Niagara County while drawing assistance from DSS.

Pending sentencing, Schramm is being held on $25,000 bail.

A 41-year-old Batavia man has been charged rape in the second degree after being accused of having sexual intercourse with two 14-year-old girls in West Bloomfield.

Ontario County Sheriff's deputies arrested Micheal Steven Lewis at his residence, 1 Prestige Crossing, Batavia, at 6:30 p.m., Tuesday.

The accusation stems from alleged incidents in October 2011 in West Bloomfield.

Lewis was jailed in Ontario County on bail, but the amount of bail was not released by the Ontario County Sheriff's Office.

A dog is locked in a red Chevy Malibu in the 10th row of the parking lot at Walmart. A Sheriff's deputy is responding.

UPDATE 7:13 p.m.: The deputy reports that all four windows are down and the dog has water to drink. Despite these precautions against overheating, someone called dispatch with concerns.

Rep. Kathy Hochul heard a good suggestion from constituents today during an agriculture roundtable she hosted in council chambers at Batavia City Hall: Young people need to be taught more about farming.

Lorna Klotzbach first raised the issue.

In the Oakfield-Alabama Central School District, Klotzbach noted that "there is no FAA and there wasn't when I was in school that I can remember. There are very few teachers with an agricultural background. There is no training for farm careers. There is very little of that in Genesee County altogether."

Klotzbach noted that she's heard students suggest that farm work is really only for illegal immigrants.

"The smartest, most skilled people I've known are farmers and we hold them in such low esteem," Klotzbach said.

Hochul said she could envision supporting some sort of pilot project to help fund agriculture training in local schools and getting support for an informational campaign to elevate farming as a career choice.

Domestically produced food is a key component of national security, said Hochul, who sits on the House Homeland Security Committee.

"Congress has a roll to play in directing funds (to ag training)," Hochul said. "We need to help people embrace the patriotic sense you get from the American family farm. That's what we're all about, the entrepreneurial spirt that this country is built on."

Farm labor was a big part of the morning discussion, with much of it centered on the difficulty farmers have these days in finding qualified, legal labor.

Hochul noted that with the opening soon of the Alpina and Pepsi yogurt plants, the demand on local milk supplies will increase 15 percent, and that doesn't mean more cows and milking parlors. It means more farm workers will be needed.

"If we don’t get more people in this workforce, we’re not going to be able to capitalize on the opportunities that we have right here in Genesee County," Hochul said.

The congresswoman said she is looking at how to move some of the recent refugees -- who are mostly from agrarian countries -- in Rochester and Buffalo to work on Genesee County farms.

There is apparently a growing Burmese immigrant community in Buffalo, with many people from rural communities.

The problem Hochul said she wanted to tackle is transportation, but Matt Lamb said transportation isn't an issue.

"We can house these people," he said.

If the workers are qualified and willing to work, there's work and shelter available for them now.

Klotzbach said that if Burmese workers were going to be brought to Genesee County to work on farms, it needs to be approached in a comprehensive way, with assistance to school districts for appropriate classes and ensuring Burmese families have a chance to retain their culture while assimulating to a new one.

"It doesn’t do any good to bring one Burmese family to Pavilion," she said. That doesn’t work. They need a community."

Hochul said she will look into available options to help find qualified refugee labor and ensure any move of the labor force to the area is done the right way.

Some farmers complained about overzealous U.S. Border Patrol agents, even conducting raids when there was no apparent probable cause for illegal workers being on a property.

Hochul said she's spoken with the director the border patrol and suggested that the Western New York border with Canada has too many agents for the threat level and perhaps some agents should be transferred to Texas or Arizona.

"Our homeland is not in any danger or threat from our farmers," Hochul said. "We need a different attitude."

A tractor-trailer's brakes are reportedly on fire on Route 5, in front of Kiwanis Park. It is hauling another trailer. Smoke is coming from the tractor, according to a responder at the scene. Town of Batavia Fire Department is en route.

UPDATE 4:36 p.m.: The fire is out. Town of Batavia is back in service.

Jonathan Martinez is a happy, energetic young man who has come across a tough break.

Known by the nickname "Tan-Tan" to his co-workers at Rancho Viejo Mexican Restaurant (and formerly to his co-workers at Margarita's), Martinez is well liked by everyone.

"He's always smiling," said his sister, Elena Vega. "He's a really humble, amazing person."

Martinez, 24, was diagnosed with germ cell cancer in December. The cancer was successfully removed, and he enjoyed a period of remarkable recovery until he returned to the doctor for a follow-up in March. It was then that he was diagnosed with spindle cell cancer, which was found around his liver.

He is now in hospice at Batavia's Crossroads House. Things are tough, but he has a positive attitude and is confident that he can beat the cancer.

There is a benefit fundraiser for Martinez today at Austin Park, at the corner of Washington and Jefferson Avenues in Batavia. It started at 1 p.m. and will last until dusk. There is no admission fee, but donations will be collected.

Live music will be featured, including performances by Soulcraft and Amos Williams. Jerry Smith, known in local circles as "Honeybun," will be the master of ceremonies.

Donations will be used to help with the medical expenses of Martinez' treatment, which are quite daunting.

"It's really expensive," Vega said. "We haven't paid for anything yet."

Services from the past seven months for which Martinez' family must still pay include chemotherapy, surgery, X-rays, CAT scans, biopsies and blood transfusions (Vega said her brother's cell count is still very low).

Throughout all the challenges he has come to face, Martinez has been sustained by the love he has for his family -- especially his 3-year-old daughter, Jonelis (pictured).

"He keeps saying he's going to 'come out standing like a rock for his baby girl,' " Vega said. "She is his life."

Martinez' faith has also been key to his positive outlook.

"He has tremendous faith in God," Vega said. "We know there's a purpose in this. We're just waiting for a miracle."

Photo taken by Nelle Williams