batavia

From my back window, looking north west this morning, the sky looked like it might be pretty interesting, but I didn't have time to go out and see if there were any pictures to be made.

Reader Eric von Kramer did take a few photos and emailed these to us.

Cynthia L. Clark, 41, of 115 Wolcott St., Le Roy, is charged with unauthorized use of a motor vehicle, 3rd. Clark is accused of taking a vehicle and driving it to Rochester without the owner's permission.

Corey James Hemmer, 25, of South Main Street, Elba, is charged with criminal mischief, 4th. Hemmer is accused of intentionally damaging a vehicle on Maple Avenue, Elba, on Dec. 12. Hemmer was jailed on $800 bail.

Kevin Michael Waleski, 23, of Church Street, Basom, is charged with grand larceny, 3rd. Waleski is accused of stealing a 2001 Dodge pickup truck valued at $10,000 from a location on Lewiston Road, Oakfield. The truck was located by a passerby in a ditch off Watson Road, Elba.

Ryan M. Palmer, 29, of 37 Tracy Ave., Batavia, is charged with driving while impaired by drugs and reckless driving. Palmer was stopped at 6:42 p.m., Saturday, in Batavia, by Sgt. John Peck.

CORRECTION: The employee allegedly assaulted was a cashier, not a greeter.

A 70-year-old greeter at Walmart suffered fractures on the left side of her face Christmas Eve after a 26-year-old woman allegedly punched her after being asked for her receipt for items in her shopping bag.

The young woman reportedly ran from the store and, according to witnesses and several customers, chased her and surrounded her car, preventing her from leaving until police arrived.

"One of the biggest things to note is that the community actually stood up and did not let this person get away with what she did," said one witness, who asked to remain anonymous. "Even on this busy shopping day, dozens of people stayed behind and made police reports."

Charged with two counts of assault in the second degree -- one for alleged attempt to cause serious injury and another for allegedly injuring a person 65 or older -- is Jacquetta Simmons of 106 Ellsworth Ave., Batavia.

Simmons was arraigned in Town of Batavia Court by Justice Michael Cleveland and committed to Genesee County Jail on $20,000 bail or $40,000 bond. She's scheduled to reappear in court Jan. 23.

The injured woman was taken to UMMC with a swollen face and multiple facial fractures.

Witnesses say the woman is a longtime employee of Walmart and loved by many.

The employee was reportedly working near the front doors of Walmart when Simmons tried to exit carrying a bag of merchandise. The victim asked Simmons for her receipt. It's unknown if there was any other conversation, but it was at this point that Simmons allegedly punched the victim, who was knocked to the floor.

Simmons then reportedly ran from the store, chased by other customers. 

Batavia police arrived on scene first, but Walmart is outside of the city, so State Police took over the investigation once on scene.

In comments on The Batavian's post yesterday, Michelle Wheatley, a witness, said, that as she was leaving she saw the suspect "standing by the police car in handcuffs with a big smile on her face."

UPDATE: Simmons posted $40,000 bond and was released from jail pending her next court appearance.

A person has reportedly struck a cashier in Walmart.

The suspect, a black male, has fled and employees are chasing him in the parking lot.

Police are responding.

UPDATE 11:20 a.m.: It sounds like they have a suspect stopped. The victim is in the ladie's restroom, requesting an ambulance. Batavia PD are on scene.

One person is reporting head and neck pain following a motor vehicle accident on West Main Street Road, Batavia.

The cars are reportedly in the parking lot of That Taco Place.

Town of Batavia Fire and Mercy EMS dispatched.

A person suffered an apparent arm injury early Saturday morning after being struck by a CSX train near the Wortendyke Road crossing.

RIchard J. Kubus, 31, no permanent address, was reportedly walking on railroad ties outside the tracks when he was struck by the train's snowplow.

The train stopped and a conductor called 9-1-1 at 3:49 a.m.

When deputies responded they found Kubus walking along the tracks.

Kubus was transported to ECMC for evaluation. His injury is not believed to be life threatening.

Assisting at the scene were Mercy EMS and the East Pembroke Fire Department.

The investigation is being conducted by Deputy Jason Saile, Deputy Eric K. Seppala and Sgt. Thomas Sanfratello, along with CSX security.

(Initial report)

A motor-vehicle accident with injuries has been reported in front of Tops Market, 390 W. Main St., Batavia.

City fire and Mercy EMS responding.

A Maple Street resident is being held in jail without bail and charged with a handful of alleged crimes after local law enforcement executed a search warrant on his apartment Friday evening.

Edward R. Freida, aka "Rob," aka "Turtle," 40, of 10 Maple St., is charged with criminal possession of a weapon, 3rd, criminal contempt, 1st, criminal possession of a controlled substance, 7th, unlawful possession of marijuana and criminally using drug paraphernalia, 2nd.

Members of the Local Drug Task Force, along with uniformed deputies, including the K-9 unit, and Batavia PD officers, executed the search warrant shortly about 6:30 p.m., Friday.

Investigators allegedly found a quantity of heroin, some marijuana, five switchblade knives and four long guns along with drug paraphernalia.

A person on Upton Road near the CSX crossing may have been struck by a train.

The initial call was the person was conscious and alert, but a first responder has asked for the ambulance to "step it up" because the patient is in and out of consciousness.

East Pembroke Fire and Mercy EMS dispatched.

The train has stopped.

UPDATE 4:21 a.m.: A CSX investigator is in route, one hour ETA.  A deputy responds that the patient will be transported to the hospital, "at a minimum for a mental health evaluation." CSX asks through dispatch if the person was actually struck. The deputy states, "The conductor says yes, but the physical evidence suggests otherwise."  Later, the deputy reports, "Disregard what I previously said. There is an arm injury."

UPDATE 4:32 a.m.: CSX asks through dispatch if trains can pass at a reduced speed on the other track. A deputy responds, "We're going to be all set here. The can proceed as soon as the train is ready to go."

A person was seriously injured on Liberty Street on Friday night when he was stabbed by an unidentified assailant.

Police are looking for a suspect described as a black male, approximately 5' 10" and 160 lbs.

The victim was walking alone on the 100 block of Liberty at about 9 p.m., according to police, when the assailant attempted to steal property from the victim's pockets.

After trying to steal the property, the assailant stabbed the victim in the lower back.

The victim was transported by Mercy EMS to UMMC.

Police ask that anyone with information that may assist in the case to call Officer Chris Camp at 345-6350 or the confidential tip line at 345-6370.

Paul Berardini has gotten a warm welcome in Clarence.

When you make good food for people, things like that tend to happen.

The second location for Batavia-based Pauly's Pizza is really catching on, Berardini said, but what really kicked business up another notch was a rave review in the Buffalo News.

"That was priceless," Berardini said. "She gave us four out of four pennies and I've been told nobody has gotten four out of four pennies in a long time."

Berardini and partner Dave Stupp opened the new location Oct. 24 -- by coincidence, the seventh anniversary of the first Pauly's location opening on Liberty Street in Batavia (Pauly's is now located on Ellicott Street after a fire destroyed the previous location).

"This town needed something different," Berardini said. "They needed a hearth-baked pizza. They needed something we could offer that they're not used to getting in this area. They're used to pans, screens, conveyer belts, where we're doing hearth-baked, and my tenders, they've never had out here."

Where Batavia has eight pizzerias serving 18,000 people, Clarance only had four pizzerias serving 25,000.

When a prime location -- with more than 15,000 cars passing daily --  on Route 5 became available, Berardini and Stupp decided to move on it.

The 3,000-square-foot location was previously a served charcoal-pit hamburgers and hot dogs, but the owner struggled with a seasonal business, Berardini said.

The partners invested in two pizza ovens, a fryer, a griddle and all new furniture and fixtures.

"Everything you see here is new," said Berardini, who has talked in recent years about trying to find a way to expand the dining area of Pauly's.

The new location gives him a restaurant with plenty of seating.

"I always felt that a pizzeria isn't just a pizzeria any more," Berardini said. "Now we serve fish fry and ribs and pasta. We're already selling more fish fries and fingers here."

As is the process these days, it wasn't easy to get the new location open. There were delays with the health inspections and the town was giving some push back on the sign.

"Once they found out what we were investing in this place, and that we were hiring 20 people, giving 20 new jobs to the area, they kind of gave us a stay of execution on the sign," Berardini said.

Getting the restaurant open has taken a lot of Berardini's time. He hopes that after the first of the year, he can more evenly split time between the Batavia and Clarence locations. He hopes more friends and fans from Batavia will visit Clarence.

But working nearly seven days a week suits Berardini just fine for now. The new location is doing well, he feels like the employees in both locations are family, and he says he's living the dream.

"I was born to do this and this is what I love to do," Berardini said.

Michael A. Mistler is indicted on a charge of strangulation, 2nd, and assault, 2nd. Mistler is accused of obstructing the breathing and blood circulation by applying pressure to the victim's neck during an alleged incident July 22. Mistler is accused of trying to cause serious physical injury to the alleged victim.

Steven A. Mullen is indicted on charges of failure to register a change of address and offering a false instrument for filing. Mullen is a convicted sex offender and is accused of moving to a motel on West Main Street, Batavia, then he allegedly failed to register his change of address. Mullen allegedly filed a change of address with an incorrect address on the form.

Prosecutor's information: The Grand Jury declined to indict Thomas W. Sherman on a charge of assault, 2nd, but did charge Sherman with assault, 3rd. The case is referred back to the Town of Le Roy Court. Sherman allegedly assaulted a person in Le Roy on Jan. 23.

No Bill: The Grand Jury did not find sufficient evidence to indict Wyatt S. Penfold on charges of assault, 2nd, and attempted assault, 2nd. The charges stemmed from an alleged incident on July 22.

Barbara Ann Vaughn, 34, of East Robinson Road, Amherst, is charged with driving while ability impaired by drugs, aggravated unlicensed operation and failure to keep right. Vaughn was stopped at 4:10 p.m. Thursday on Genesee Street, Pembroke, by Deputy Patrick Reeves following a report of an erratic driver. Vaughn was found to allegedly have consumed prescribed medication.

Sandra Lynn Cassford, 29, of South Main Street, Castile, is charged with petit larceny and unlawful possession of marijuana. Cassford is accused of shoplifting from Kmart.

Ashley Elizabeth Quintern, 22, of South Pearl Street, Oakfield, is charged with petit larceny. Quintern is accused of stealing $21 in merchandise from Kmart.

Press release:

The Salvation Army, Batavia chapter, is in the last days of its annual Red Kettle Campaign. There are two days left and Major Robert Kurtz noted "that as of Wednesday 12/21/11 the amount raised so far is $50,589.00 This means we need to raise $4,000 per day (today and) for the next three days!"

The goal is $67,000.

Monies are used to help more than 1,500 children this Christmas season and will also be used through their financial aid office throughout the rest of this year as well as 2012.

"People are extremely generous this year," Kurtz said.

He hopes this continues to be true over these next few days.

He added: "We are so thankful to the community for their help, not only with monetary donations, but (with) the toy drives, food drives and all those willing to volunteer their time to help with the distribution of toys and food as well as those brave enough to ring those bells."

Volunteers are still needed to ring bells over the next few days. Please call 815-5955. Ask for Sue.

A woman who at one point Wednesday night authorities feared may have wandered into a fast-moving Tonawanda Creek, was found later apparently safe in a mobile home on West Main Street Road in the Town of Batavia.

The woman was taken into custody on a bench warrant for alleged criminal possession of a controlled substance, 7th.

Jailed on $100,000 bail was Lisa Mae Rugh, 38, of Elm Street, Batavia.

The incident started about 6:30 p.m. when a woman was observed by a passerby lying on the shoulder of Route 5 near Pudgie's Lawn and Garden Center.

The woman, later identified as Rugh, denied a need for help, though she appeared intoxicated, according to the witness.

Rugh began walking south behind Pudgie's toward the Tonawanda Creek.

Members of the Sheriff's Office searched the area but could not locate Rugh.

The department's K-9 unit was called to the scene and "Pharoah" reportedly tracked Rugh to the edge of the creek.

At about that time, members of the East Pembroke Water Rescue Team were in route to the scene. Also dispatched were volunteers from the Town of Batavia Fire Department as well as Alden and Corfu.

"Pharoah" continued tracking Rugh and she was located at Lot #8 of Dreamland Trailer Park, 3540 W. Main St. Road, Batavia.

When deputies identified Rugh they discovered she had an active bench warrant for her arrest.

The Genesee County Emergency Services Office also assisted in the search for Rugh.

(Initial report)

A water rescue search is being set up in the area of Wortendyke and South Main Street roads.

East Pembroke's water rescue team responding along with Town of Batavia.

A command post is being set up in the area of Pudgie's Home and Garden Center on West Main Street.

UPDATE 8:31 p.m.: A K-9 unit has tracked a path that indicates a woman may be in the water. Alden's water team also requested to stage in the area. "The water is moving pretty fast," a chief says.

UPDATE 9:09 p.m.: Corfu Fire Department is called to East Pembroke's hall to provide light towers where they are needed. The searchers are sweeping both sides of the Tonawanda Creek. They are headed west of the retention pond. A thermal imaging camera is requested to be at the ready roadside, south of Route 5. The woman they are searching for is said to be blonde, wearing a green jacket and carrying a backpack. They heard a female is screaming loudly near a storage unit, and thought it might be related to this call. The situation first came to the authorities' attention when a medic alerted dispatch that a woman, who appeared to be intoxicated, was lying on the ground near Pudgie's Lawn & Garden Center. She seemed to have an injured leg and was last seen headed toward the creek. Deputies who responded found a woman's shoe(s) roadside, and the K-9 "scented toward the creek." Now they are saying the screaming woman is someone in a trailer park close by yelling for her dog. "We don't have to look out for a pooch, too, do we?" "No" came the reply. A deputy says there's "a good deal of K-9 activity in the (Dreamland trailer) park, which is an indication that she may have been here and is now out of here."

UPDATE 9:17 p.m.: They found a shoeless woman at the Dreamland Trailer Park, lot # 8. Everybody is packing up and will be leaving shortly. An ambulance will be responding to her location.

UPDATE 9:35 p.m.: The patient refused treatment. She is now in law enforcement custody.

UPDATED with comments from Bromley at 2:01 p.m.
UPDATED at 4:43 p.m. with comments by Briggs.

Brennan Briggs, who led the Blue Devil's JV squad to an undefeated season in 2011, has been named the varsity's head football coach.

Briggs replaces Dan Geiger, who had a 16-35 record over six seasons as the Blue Devil's head coach.

The board of education approved the promotion of Briggs on Monday.

Athletic Director Michael Bromley said Briggs is somebody he's had his eye on since Brennan's student-athlete days at Batavia.

"It was easy to see as a young kid he was a great leader," said Bromley.

Briggs was a standout athlete in football and hockey, helping lead the hockey team to two sectional titles.

Bromley said when Briggs decided to major in physical education in college, he saw him as a potential teacher and coach at Batavia.

"He's got a lot of great experience and I have no doubt he will be a success," Bromley said.

The promotion, Briggs said, is exactly what he had in mind for himself.

"It’s been a goal of mine since I got into coaching to become a head football coach, to get out under the lights on Friday night and there’s no place better to do it than Batavia High," said Briggs.

Brigg's is the son of a former Gates-Chili coach Jim Briggs, a Section V Hall of Fame member.

Jim Briggs was also a standout athlete at Batavia HS and is in the schools hall of fame.

Bromley doesn't anticipate the senior Briggs being involved officially the football program, but he's sure father and son will talk a lot.

"It's obviously a great resource to have somebody with his knowledge and his level of success available as a dad," Bromley said. "I'm sure there will be a lot of dinner table conversations."

Brennan said you can rule out any idea of Jim becoming an assistant coach.

"He's got two grand sons he helps take care of and he's quite content doing that," Briggs said.

But they will talk.

"Obviously, I'll listen to anything everything he has to say, but he also does a good job of stepping back and let me be Brennan Briggs," Briggs said.

The players received the news of the promotion for Brigg's well, Bromley said. 

It was important to get Briggs started as coach this month, with players already beginning training and weight work for next season.

"Winning football isn't just about what you do during the season," Bromley said. "It's also what you do during the off season."

Fans shouldn't read too much into the undefeated JV record, Briggs said. There are a lot of JV teams in the area that have undefeated seasons, but that doesn't necessarily translate into winning varsity programs.

"I don't want everybody coming here thinking, 'Oh, Coach Briggs is undefeated on JV and they're going to be undefeated on varsity.' It doesn't work that way," Briggs said. "It's not going to be a complete transformation over to varsity."

That said, Briggs said he's already established a relationship with a lot of his players, both from coaching JV football and coaching baseball at the school.

His goal: Establish a winning culture.

"It's about discipline and hard work and it doesn't always show up on the score board, but inch by inch, we'll get there," Briggs said.

Briggs is pretty young at 26 to take over a varsity program, and he sees his age as offering both pros and cons.

When you're a young coach, he said, you can relate to a lot more of what the kids are going through away from campus, but they can also come to see you too close as peer.

"There's a fine line where these kids see you as a young person, you’ve got to establish that you’re the coach," Briggs said. "Yes, I want a good relationship with them, but there’s a fine line and you establish that by expecting discipline, not accepting any excuses and being hard on  them and just expecting the best from them every single day."

Bromley anticipates working with Briggs and putting together a coaching staff for Briggs over the next month.

Troy D. Hubler, 41, of 7634 Byron Holley Road, South Byron, is charged with aggravated harassment, 2nd, and criminal contempt, 2nd. Hubler was located in Orleans County by the Sheriff's Office in Orleans County and turned over to Batavia PD on a warrant out of city court. The warrant stemmed from an alleged Oct. 3 incident in which Hubler reportedly made telephone contact with a person protected by a court order. The order of protection was issued by Batavia Family Court.

Andrew Ziemba Perdock, 24, of Holland Avenue, Batavia, is charged with petit larceny. Perdock is accused of shoplifting from Kmart.

Press release:

Batavia Downs Casino is pleased to announce that following a recent approval, a new Tim Horton's will open inside Batavia Downs Casino on Wednesday, Dec. 21, sometime in the afternoon.

“Tim Horton's has proven itself to be an industry leader and partnering ourselves with that brand will strengthen our own,” said Mike Kane, CEO and president of Batavia Downs Casino.

The Tim Horton's will occupy the site formerly knows as “Crumbs” and will serve Tim Horton's brand drinks as well as doughnuts. Other lunch items that “Crumbs” served will also be available. Tim Horton's brand coffee will be served for free to persons playing on the gaming floor.

Batavia Downs in owned and operated by Western Regional Off-Track Betting, a public benefit corporation. The track is also home to Batavia Downs Casino, featuring more than 600 video slot machines. Batavia Downs Casino is located less than one mile from Thruway Exit 48 and is open daily from 9 a.m. to 4 a.m. Admission and parking are always free.

A Buffalo-based radio host decided to throw truth to the wind on Tuesday and hand out T-shirts at Batavia High School with a simple message, "Merry Christmas."

The act stemmed from an inaccurate news report by Rochester's News 8 that the school district recently banned "Merry Christmas" and other sectarian religious expressions from the school district.

As The Batavian posted the night News 8's report aired, the district has a decades-old policy about public religious expressions, but the policy also explicitly allows students and facility to engage in personal expressions of faith.

The Batavia Daily News story makes it sound like Batavia City Schools are intolerant of such expressions.

Kathy Weppner, whose program is broadcast at WBEN Radio, 930 AM, said she brought 300 shirts to the high school to support freedom of speech for students and faculty.

...

BHS junior Chelsea Dibble, 16, gave out shirts after she was asked to by Weppner and the four fans she brought with her.

“We think we should be able to wear what we want to wear,” Dibble said.

Dibble said the shirt has to say “Happy Holidays” and not “Merry Christmas” to be worn in  the school.

“I think it’s cruel,” she said.

Of course, according to school policy, Dibble can wear a shirt that says "Merry Christmas" on it.

The school district responded in comments:

1.There is no letter, nor was there ever a letter, sent home to parents that explains BHS policy on teaching about religion and culture.
2. No students were ever told by a teacher that they couldn't talk about Christmas inside the school.
3. It is not against any school rules in the district to wear clothing that has "Merry Christmas" written on it.
4. The policy on religious expression, posted on the website, is the district's policy and is based on state and federal laws, including the First Amendment. It makes no mention of the expression "Merry Christmas."