batavia

The judicial process in the case of the People v. Jacquetta Simmons took another step forward today with Simmons appearing in Genesee County Court to answer to charges stemming from an alleged assault on Christmas Eve against a 70-year-old Walmart employee.

A grand jury indicted Simmons on two counts of assault in the second degree.

As is routine for a criminal defendant at this stage of the proceedings, Simmons entered a not guilty plea.

Earl Key, and his assistant Ann Nichols, the attorneys for Simmons, will now have 45 days to file motions.

Simmons is scheduled to reappear in court June 21 for a hearing on any motions filed on her behalf.

The 26-year-old Batavia woman is accused of hitting Grace Suozzi, who was working at Walmart on Christmas Eve, causing Suozzi to suffer facial fractures.

One of the assault charges is based on a fairly new statute that makes it a felony for a younger person to hit a person over 65 years old.

With some stunning clouds in the sky late this afternoon, I couldn't resist going for a drive and gravitated, as I often do, toward Creek Road in the Town of Batavia.

When I stopped to take some pictures of cows on the property of Baskin Livestock (bottom photo), a car pulled alongside my spot on the shoulder of the road and the driver asked what I was doing. 

"I'm taking some pictures," I said.

"Why?" she asked.

"Because it's what I like to do."

She said, "I used to take pictures and I would develop the film myself."

As we talked, she told me she had some pictures of the Liberty National Bank in the city being demolished. I told her I would like to see them, so she said she would try to find them and invited me to her house.

And so I met Andrew and Antoinette Dempski, decades-long residents of Creek Road.

"I always had a good eye for photography," Antoinette told me, and the photos of her children when they were much younger were much better than typical family snapshots. She had a real artistic flare.

"My father carried a camera with him where ever he went," she said.

He was a Polish veteran of World War I who moved to Buffalo and went to work for the city's sanitation department. The lingering effect of mustard gas, she explained, would sometimes make him a little crazy.

Unfortunately, on the day her mother was buried, somebody broke into her Buffalo home and stole all of her father's photographs, including pictures of her growing up, such as graduation and First Communion photos.

Antoinette was born in Buffalo and her husband, Andrew, was born on Old Creek Road. 

Andrew drew my attention -- not that I could have missed it -- to a gorgeous portrait hanging on their living room wall of a young and fetching Antoinette drawn by an artist from Quebec.

As for Antoinette's pictures, they were taken with an Kodak camera and a professor at Genesee Community College let her use the darkroom there.

"Those kids had expensive cameras and I just had my box camera, but I had a better eye," she said.

And that's no doubt true.

Alas, and sadly, Antoinette would not let me take her picture, though I'm sure it would have been a lovely portrait.

And below, the results of my attempt to take a cow picture:

This Sunday, O'Lacy's Irish Pub celebrates 15 years in business.

The location of O'Lacy's on School Street was the Darien Knitting Mill Outlet and Nancy Bachulak and Kent Ewell originally planned to convert the space into an office building, but after a visit to Rhode Island on St. Patrick's Day in 1996, Bachulak and Ewell decided to raze the existing building and build an authentic Irish pub.

Ewell said he's proud of the fact that no public funds were used in the purchase or construction of the building.

Pub stands for public house, and like the pubs of Europe and the British Isles, O'Lacy's has become a popular downtown gathering place for people from all over Genesee County and beyond.

O'Lacy's has won awards for its Guinness pours and is famous for its Reuben sandwich and homemade potato chips and dip.

Ewell and Bachulak have also supported numerous local charitable causes and events over the past 15 years, including the Michael Napoleon Foundation, UMMC and the Crossroads House.

The celebration will take place throughout the day Sunday.

Batavia PD is looking for the public's assistance in identifying the subject of this photo. It's related to an unspecified incident at Batavia Downs.

Anybody with information to share can contact Officer Marc Lawrence, mlawrence@batavianewyork.com.

It was a little crisp this morning, but still a fine spring day. As I walked our dog on Jackson Avenue, I took note of this tree with the nice background of the budding trees behind it and the wispy blue sky, so I went home, grabbed my camera and came back.

That said, there's a chance of rain and snow overnight.

UPDATED 2:55 p.m. with a little more information about the grant program.

People living downtown is a great complement to commerce downtown and bringing that mixed use to the city's primary commercial district is part of the city's strategic goals.

To help move that process along, on Monday night the Batavia City Council unanimously approved a change to the city's tax code that would provide a tax break to any building owner who converts a commercial property to one that includes second- and third-floor apartments.

"They (the Main Street Grant consultants) said they have a lot of experience with this," City Manager Jason Molino said. "A lot of communities use this. It’s a great exemption to get on the books to encourage, or at least lighten some of the tax burden, as they (developers) go to change and approve some of these mixed-use developments."

The tax abatement -- much like a PILOT -- provides tax relief on the increased assessment that is likely to occur with the redevelopment of the property. The property owner still pays taxes on the original assessment.

For example, if the assessed value goes from $200,000 to $300,000 because of the property improvements, the abatement applies to the extra $100,000 in assessed value.

In years one through eight, the property owner gets a 100-percent abatement, and the tax relief decreases 20 percent a year over the next four years and is eliminated by year 13.

"This promotes the types of uses we want downtown," Molino said. "We want commercial on the first floor, residential on the second and third floor. We want to promote that livable-community concept. You get the grocery store downtown, so it’s got a great complement. We’ve got the available space. It just needs to be developed."

There are currently 10 properties that have applied for grants through the Main Street grant program and Molino said four of those properties would be potentially eligible for this new tax exemption (the others are already mixed use).

Last year, the City was awarded a $450,000 grant from the state's Main Street Grant program. Of that, $400,000 is earmarked for improvements to existing structures downtown. Three projects have been funded by the BDC, which administers the program.

Ideally, Molino said, both the county and the school district will pass the same exemption.

It will be red, bright, shiny and brand new and it will belong to the City of Batavia.

In a unanimous vote Monday night, the city council approved the purchase of a fire truck built from the ground up by Rosenbauer, a 140-year-old fire apparatus manufacturer based in South Dakota.

The total cost of $342,369 was the lowest of the bids to meet all of the requirements of the fire department, Chief Jim Maxwell told the council.

City Manager Jason Molino noted it's still below the $370,000 built up in reserve over the past three years for a new truck.

The truck, which may carry the designation Engine 11, will replace Engine 14, which was retired due to escalating repair costs to keep it up to standards.

Locally, the Town of Batavia operates a Rosenbauer engine and Rochester recently bought seven engines from the company.

When questioned by Councilman Jim Russell, Maxwell confirmed that the fire department visited with some of the departments running Rosenbauer equipment, as well has other engines, and didn't come across any complaints.

The department expects delivery of the new truck in 120 days.

On the Web: Build your own fire truck on Rosenbauer's site.

A mulch fire is reported behind the Radio Shack store at 4234 Veterans Memorial Drive. Town of Batavia Fire Department is responding.

UPDATE 3:38 p.m.: The fire is out. Town of Batavia is back in service.

There is a power outage in Downtown Batavia. National Grid has no information yet on the extent nor an ETA for restoration.

UPDATE 2:33 p.m.: Power was restored at 2:28 p.m.

As part of its monthly meeting tonight, the Batavia City Council will be asked to approve the purchase of a new fire truck at a cost of $342,369.

The new truck will replace Engine 14, which has been retired due to age and costly repairs needed to comply with safety standards.

The recommendation is that the truck be purchased from Empire Emergency Apparatus, which placed the lowest bid that met specifications.

Another company offered a lower bid, but work to retrofit the demo engine and add required enhancements would raise the price above $356,000.

The United Way Day of Caring is May 16 and the planning committee is seeking volunteers and sponsors. To pitch in, call the United Way office at 343-8141.

Photo: Back row: Erik Fix, Jay Gsell, Dave Cecere, Marie Nettnin, Scott Neff, Shelley Falitico, Theresa DeMars, Jane Scott, Chris Fix. Front row: Susie Boyce, Lori Stupp, Debbie Fischer, Carol Boshart.

Not included in the photo: Donna Saskowski, Sue Schuler, Sue Boss.

Photo submitted by Susie Boyce.

Press release:

Batavia Downs Casino generated more than $16.99 million for education during the 2011 fiscal year (April 2011 to March 2012), according to the recently released data by the Division of Lottery. As part of Batavia Downs Casino’s ongoing support of New York education, 51 percent of Batavia Downs Casino's net win is given to the lottery to fund education.

“We’re proud to have contributed so much to New York State’s educational efforts,“ said Mike Kane, president of Batavia Downs Casino.

In 2011-2012, revenue generated by Batavia Downs Casino for education was equivalent to the annual salaries of approximately 245 teachers. With education budgets consistently tightening, this revenue will allow for students throughout New York State to continue to earn a high-quality public education. Since opening in 2005, Batavia Downs Casino has generated more than $115 million in education funding for New York.

More information on Batavia Downs Casino is available at www.bataviadownscasino.com and the full lottery report is available at www.nylottery.ny.gov.

Batavia Downs Casino is owned and operated by Western Regional Off-Track Betting, a public benefit corporation. Batavia Downs Casino is a member of the New York Gaming Association. The New York Gaming Association advocates for, and advances the interests of, the state’s nine racetrack casinos, located at harness and thoroughbred racing venues in all four corners of New York.

The association works in partnership with state government on long-term strategies to financially bolster education, create jobs, support agriculture, horseracing and breeding; and maximize economic revenues to the state that will benefit all New Yorkers.

Chad Allen Irowin Wilbert

As the result of an investigation by the Local Drug Enforcement Task Force, two suspected drug dealers from Batavia were arrested Sunday night.

Taken into custody following a traffic stop at 8:50 p.m. were Chad A. Allen, 33, of West Main Street, and Irowin Wilbert, 53, of West Main Street.

Both men are charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, and criminal use of drug paraphernalia, 2nd.

The men were stopped on Ross Street at the intersection with Miller Avenue, Batavia.

A search of the vehicle allegedly uncovered a quantity of crack cocaine with an estimated street value of $1,000 along with alleged crack pipes and more than $550 in currency.

Allen and Wilbert were jailed without bail.

Assisting in the investigation were uniformed deputies, State Police and the District Attorney's Office.

Milton H. Simmons III, 29, of 75 Franklin St., Batavia, is charged with criminal possession of a controlled substance, 3rd, and attempted escape, 1st. Simmons was arrested after police responded at 11:53 p.m., Friday, to a report of a fight involving a knife in the parking lot of a business on West Main Street, Batavia. Police conducted a search of a vehicle reportedly belonging to Simmons and allegedly found 44 glassine bags of crack cocaine. Simmons was arraigned in Batavia City Court and ordered held on no bail. As police transported Simmons from the courthouse to the jail, Simmons allegedly tried to escape and had to be restrained with the assistance of deputies at the court facility.

Zachary Jordan Ayres, 18, of Oak Street, Batavia, is charged with grand larceny, 4th. Ayres is accused of stealing approximately $1,300 in jewelry from a woman in Byron and selling the items to a business in Batavia.

Anthony C. Privitera, 19, of Mill Street, Le Roy, is charged with DWI, driving BAC of .08 or greater, unsafe start, failure to keep right, open container in a motor vehicle and unlawful possession of alcohol by a person under age 21. Privitera was stopped Sunday in the Village of Le Roy by Le Roy PD.

Kimberlin D. Lester-Benjamin, 49, of Carl Street, Buffalo, is charged with petit larceny. Lester-Benjamin is accused of stealing $89.95 in merchandise from Target.

Kenneth Merville Nobles, 66, of Genesee Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater and speeding (72 mph in a 55 mph zone). Nobles was stopped at 6:13 p.m. Saturday on Route 19, Le Roy, by Deputy Brad Mazur.

Jamie Scott Scholonski, 39, of Vine Street, Batavia, is charged with petit larceny. Scholonski is accused of stealing $632 in quarters from a residence in Pavilion.

Nicholas M. Lyons, 31, of 112 State St., Batavia, is charged with criminal contempt, 2nd. Police responded to a report of a domestic disturbance on State Street at 11:40 p.m., Friday, and found Lyons allegedly in violation of a "stay away" order involving another person. Lyons was jailed on $2,500 bail.

Daniel F. Orlando, 29, of 555 E. Main St., Batavia, is charged with harassment, 2nd, and obstructing governmental administration. Orlando is accused of physically obstructing police while officers were investigating an incident at Orlando's residence. Orlando was jailed on $3,000 bail.

Timothy L. Taylor, 37, of 655 Ellicott St., Batavia, is charged with assault, 3rd. Taylor is accused of assaulting another person following an argument. Taylor was jailed on $5,000 bail.

Daniel Lee Ward, 25, of Oak Orchard Road, Albion, is charged with DWI, driving with a BAC of .08 or greater and moving from lane unsafely. Ward was arrested following investigation into a motor-vehicle accident on Fisher Road, Oakfield, at 1:48 a.m. March 3.

Adam C. Hegge, 31, of 14 Overlook Drive, Batavia, is charged with felony DWI and driving with a BAC of .08 or greater. Hegge was arrested Friday by Officer Dan Coffey following a report of a suspicious vehicle in the Batavia Cemetery.

City Fire Department is being dispatched to the CSX tracks just west of Cedar Street for the report of a small grass fire.

The location is mile post 402.

UPDATE 2:05 p.m.: City fire requests confirmation of notification of CSX because of limited visibility for westbound trains. There is currently a westbound train in the area.

UPDATE 2:12 p.m.: CSX is slowing trains to 30 mph in both directions. If city fire wishes them slowed more or stopped, dispatch can put in the request.

UPDATE 2:30 p.m.: Fire is contained.

The annual Kiwanis Easter Egg hunt was held at Centennial Park in Batavia this morning.

No matter how many eggs the Kiwanis members put out, they're all gone in about 60 seconds.

If you have trouble viewing the slide show below, click here. To purchase printed copies of these photos, click here.

A two-car accident with one person possibly suffering a head injury is reported in the eastbound lane of the Thruway in the area of mile marker 386.8.

Town of Batavia Fire responding. Mercy EMS on scene.

Mercy Flight on standby.

UPDATE 3:08 p.m.: No update on injuries. Town of Batavia assignment being held to equipment on scene.

UPDATE 3:20 p.m.: Two patients going to Strong and two going to UMMC, all by ground ambulance.

A grease fire is reported in the kitchen at 16 Highland Ave. in the City of Batavia. The residence has been evacuated. But the city fire department is on scene and reports nothing is showing.

UPDATE 2:32 p.m.: The fire was contained to a pot on the stove and it's now out. The home is being ventilated.

UPDATE 3 p.m.: All units clear of 16 Highland. City Fire back in service.

Lennie M. Colley, 46, of South Lyon Street, Batavia, is charged with a felony count of criminal mischief, 3rd, DWI, driving with a BAC of .08 or greater and consumption of a alcohol in a motor vehicle. Colley is accused of smashing out windows of motor vehicles at about 2:40 a.m., today, on Route 5 in Stafford. Deputy James Diehl and Sgt. Brian Frieday responded to the call and found Colley allegedly driving drunk.

Lee Ann Marchese, 51, of Alleghany Road, Alabama, is charged iwth burglary 2nd. Marchese is accused of entering a dwelling in Stafford on Tuesday and stealing property.

Dimitri Carmelo Burton, 19, of East Main Street, Batavia, is charged with petit larceny. Burton is accused of shoplifting from the AT&T store on Veterans Memorial Drive. Burton was jailed on $250 bail.

The assessment of Assistant District Attorney Will Zickl is that Carlos Torres is "committed to the commerce of illegal drugs," and today Judge Robert C. Noonan said he agrees.

Noonan noted that the probation report listed the names of six children Torres is responsible for, but in what the judge called one of the most bizzare paragraphs he's ever read in a probation report, Torres admits to fathering four other children. Torres, however, apparently doesn't know their names and their mothers have left the area.

He is obligated, according to Noonan, to make child-support payments for one of those four children, but hasn't been making payments.

"You're an irresponsible criminal who deserves the maximum sentence you negotiated," Noonan said.

Torres entered a guilty plea Jan. 9 to criminal possession in the fourth degree.

He was arrested in August and found carrying cocaine, crack and heroin with an estimated street value of more than $7,000.

At the time, Sgt. Steve Mullen, lead investigator for the Local Drug Enforcement Task Force, said "The weight of the powder cocaine, along with the number of bags of both crack and heroin, on top of his $4,000 (in cash), is significant for this county."

Torres came to the attention of investigators in May 2010 when he showed up at UMMC with gunshot wounds. 

At the time, he claimed he had been walking down Indian Falls Road when a car pulled up behind him, somebody demanded his wallet, then shot him. He called a friend who drove him to the hospital.

In May 2010, Torres was on probation out of Erie County for a 2008 drug conviction.

Attorney David Widenor argued vigorously that his 37-year-old client is a sincerely changed man who has seen the error of his ways.

"He wants to be a law-abiding citizen," Widenor said. "He has a family to support. He has six children he loves and wants to care for."

The August arrest derailed an opportunity for Torres to own a legitimate business locally, Widenor said, but the attempt itself was evidence that Torres knows he needs to get his life on a legitimate path.

"He wants to get out of this lifestyle he's been in," Widenor said.

Torres spoke briefly and quietly.

"I've been with the wrong people at the wrong times," Torres said. "I let my children down, but most of all, I let myself down. I want to change that."

Noonan said immediately that he agreed with Zickl's assessment.

"You have demonstrated that you're a drug dealer," Noonan said. "That's what you do and that's how you make a living."

After Noonan pronounced sentence, Torres's girlfriend, sitting in the gallery, began to cry. Torres and the woman have a child together.