crime

With the ringing in of the New Year, local police agencies found themselves dealing with a bit of an uptick in domestic incident calls.

Deputy Chief Gordon Dibble said on Dec. 31 and Jan. 1, for example, the Sheriff's Office responded to nine domestic incident calls and, unconfirmed, the State Police responded to six.

"I don't think it should be a surprise to anybody," Dibble said. "I haven't compared this weekend to other segments of the year, but I think there were more calls. It's a highly emotional time of the year. Things are brought to the forefront that haven't been dealt with in the year, there are financial pressures, family pressures and visitation pressures."

Dibble said law enforcement has changed a lot since the early part of his career when he was a deputy on patrol.

There is a broader range of disputes that are classified as domestics. It isn't just the husband and wife fight any longer. Disputes involving people living together, people divorced, people not married but having children together and other family relationships are classified as domestics.

And laws have changed directing how police must deal with some domestic situations.

"There are many circumstances were we must make an arrest by New York State law even when the victim doesn’t want an arrest," said Dibble, explaining the law is in place to protect victims who might be intimidated from pressing charges.

Complicating matters further are orders of protection, which include variations ranging from complete stay-away orders, limited contact and contact permitted, to no offensive conduct permitted. And orders can be temporary, long-term, canceled, reinstated and canceled again, so officers must pay attention to the details.

"Orders of protection are complicated and time consuming issues for us, but they're important issues because when things go wrong, they can go very wrong," Dibble said. "We have to be very careful with those."

A number of years ago, the Sheriff's Office along with Batavia PD and Le Roy PD, got together and drafted guidelines for handling orders of protection so that officers deal with them in a consistent way across jurisdictions.

Local law enforcement agencies, Dibble confirmed, take orders of protection very seriously.

"Is it as consistent across the state or across the country? I doubt it," Dibble said. "Within this county, it should be pretty uniform."

A reader I know and trust to be truthful on sharing something like this, put together the image above and sent it to me. He said it's a collection of Facebook status updates from people being bullied and their tormentors. All of the teenagers involved, he said, are students at Batavia High School. He said knowledge of an increase of cyberbullying against some students at BHS is common knowledge among the students.

One point I want to add: Cyberbullying is a crime.

It can be charged as harassment in the second degree, which is a Class B misdemeanor. Cyberbullies should be reported either by victims or their parents to police. Witnesses can also report crimes, but in most cases it will take a victim who cooperates with the investigation to proceed with criminal charges.

UPDATE 12:34 p.m.:  I received an e-mail from somebody familiar with the situation and said students from mulitple Genesee County high schools are involved and one of the targets is not a student of BHS.  Any confusion on the school involvement is the result of my own misunderstanding of the original e-mail I received.

He sent along the following op-ed with the image.

In the age of social media and increasing technology, every day people see things on the news about cyberbullying and harrassment and many don't realize the seriousness of what is being done. Sometimes they don't think it's happening to anyone they know. Sometimes they don't think its happening to anyone near them. Sometimes people don't realize how serious it can be until it's too late.

Recently, many students in Genesee County school districts have had their Facebook news feeds, filled with cyberbullying of a few students, and the issue is only getting bigger and more widespread. But only a few are standing up for the victims, while more and more join in to bully, and many of the victims, are sitting back without knowing what to do.

"Like this stuff was bad. Worries me... :/" stated one student's Facebook comment. It "turns your stomache. Doesnt matter what someones done noone deserves that to be said," said another when responding about the nature of the cyberbullying posts.

In the most recent and student popularized bullying case (photo collage), there is one student being bullied, and upwards of 30+ cyberbullies making comments directly or indirectly toward her, while hundreds of students have 'Liked' status updates supporting the bullying acts.

According to the nonprofit website www.stopcyberbullying.com:

'Cyberbullying' is when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and digital technologies or mobile phones. It has to have a minor on both sides, or at least have been instigated by a minor against another minor. Once adults become involved, it is plain and simple cyberharassment or cyberstalking.

Cyberbullying can be done for many reasons. Many times, it's done by someone with insecurities, hoping to boost their social standing. Other times, the power-hungry do it looking to boost their ego. There is also the bullying done as revenge, out of anger, and sometimes students are cyberbullying without even intentionally trying to.

While many students, usually believe their words are harmless, what they say can many times lead to a higher level of misdemeanor cyberharassment charges.

There are two kinds of cyberbullying, direct attacks (messages sent to your kids directly) and cyberbullying by proxy (using others to help cyberbully the victim, either with or without the accomplice's knowledge).

Not only does cyberbullying, include harassment that could bring upon legal issues, but many times, it also turns into defamation. Defamation, which is also known as slander, is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual a negative image. Many times students often take it to the extent of defamation by making up rumors or doing whatever else it takes to make the bullied look as bad as possible.

Parents need to be the one trusted person kids can go when things go wrong online and offline. Yet they often are the ones kids avoid when things go wrong online. Why? Parents tend to overreact. Most children will avoid telling their parents about a cyberbullying incident fearing they will only make things worse.

Parents also need to understand that a child is just as likely to be a cyberbully as a victim of cyberbullying and often go back and forth between the two roles during one incident. They may not even realize that they are seen as a cyberbully.

The message is simple. Don't write it. Don't send it. For more info on cyberbullying and how to prevent it, visit http://www.stopcyberbullying.org/.

A 2010 Attica graduate, Jesse Kern, that is currently serving in the Army, publicly defended one of the most recent victims on his Facebook page and posted this video and commented: "People just don't get it."

Terry W. Strickland, 30, of 110 Lake Park, Waxahachie, Texas, is being held without bail as a fugitive from justice. Strickland is allegedly wanted in Texas on a charge of aggravated assault with a deadly weapon. Strickland was located in Batavia at a residence on Dewey Avenue by officers Chris Camp and Kevin DeFelice during the investigation into an alleged domestic incident. Strickland is reportedly wanted by the Dallas County Sheriff's Office and is being held in the county jail pending extradition proceedings.

A 17-year-old resident of Bank Street, Batavia, is charged with petit larceny. The youth is accused of shoplifting from Walmart at 7:35 p.m., Monday.

Two men accused of burglarizing a Maple Street apartment while the resident sits in jail appeared in Batavia City Court on Tuesday and waived their right for a pre-trial hearing.

The waiver means the case will be sent to the grand jury for possible indictment, but also paves the way for a possible plea deal and one of the suspects indicated in court that he is expecting a possible plea bargain.

Both Eric P. Doleman, 41, no permanent address, and Frederick H. Robidoux Jr., 49, no permanent address. are charged with burglary, 2nd.

Doleman, top photo, was also charged Tuesday with criminal mischief, 3rd, and petit larceny.

Doleman is accused of breaking a window on a 2010 Kia on Dec. 13 parked at Tops Market and stealing a laptop computer.

Robidoux is also charged with aggravated unlicensed operation of a motor vehicle.

The duo was stopped on Walnut Street early in the morning Dec. 29 after a Maple Street resident reported seeing the men carrying items from an apartment at 10 Maple St., Batavia.

The resident of the apartment, Edward R. Freida, is being held in Genesee County jail without bail on drug and weapon charges.

When Doleman's case was called, after he was charged with the Dec. 13 car break-in, Judge Robert Balbick asked Doleman if he agreed to waive a pre-trial hearing. Doleman appeared confused and said he thought the two cases would be combined as part of a plea deal. He kept turning his head toward the back of the room where District Attorney Lawrence Friedman was standing.

After the hearing, Friedman said he couldn't comment on whether or not a plea deal is in the works.

Both Doleman and Robidoux are being held in Genesee County Jail without bail.

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

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

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

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

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

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

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

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

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

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

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

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

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

Officer Jason Ivison investigated the accident.

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

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

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

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

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

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

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

Both men where charged with burglary, 2nd.

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

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

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

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

Doleman and Robidoux were jailed without bail.

Photos: Doleman, top; Robidoux, bottom.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stephen Irvine Stone (photo), 45, of South Lake Street, Bergen is charged with sodomy, 1st, rape, 1st and criminal sexual act, 1st. Stone is accused of engaging in oral sexual conduct with a six-year-old girl in 1997 and 1998. Stone is accused of engaging in sexual intercourse with a 13-year-old girl by forcible compulsion in 2004. Stone is accused of engaging in sexual intercourse with a 16-year-old girl by forcible compulsion in 2008. Stone was arraigned in Le Roy Town Court and jailed on $100,000 bail.

Gene Douglas Snyder, 30, of Orchard Street, Oakfield, is charged with harassment, 2nd. Snyder is accused of subjecting another person to unwanted physical contact.

Travis Lavern Schossow, 25, of West Main Street Road, Batavia, is charged with criminal contempt, 1st, endangering the welfare of a child and harassment, 2nd. Schossow is accused of pushing his girlfriend into a dresser, allegedly violating a no-offense conduct order out of City of Batavia Court. Schossow is also accused of throwing a plastic cigarette case at a wall. The case reportedly bounced off a wall and struck a 12-year-old child in the neck causing a scratch. Schossow was jailed on $2,000 bail. A stay-away order was issued for the alleged victim and her child.

Dora L. Poodry, 18, of Shanks Road, Basom, is charged grand larceny, 3rd. Poodry is accused of stealing cash from a residence on Shanks Road over a period of four months totally more than $3,000. Poodry was jailed on $10,000 bail. The case was investigated by Deputy Kevin McCarthy and Investigator Kris Kautz.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A driver who reportedly fled the scene of a minor-injury accident on Route 98 at West Saile Drive at 4:15 p.m., Monday, was later located and charged with DWI.

The driver, Leann F. Bach, 57, of West Bergen Road, Bergen, was also cited for allegedly running a red light and failure to yield right of way.

Suffering a minor injury in the accident was Verna M. Oehler, 63.

Bach was reportedly driving westbound on West Saile Drive in a 2003 Chevy SUV when she allegedly failed to stop for the red light at Route 98.

Northbound on Route 98 was John E. Oehler, 62, of Oak Orchard Road, Batavia, with Verna as a passenger, in a 2003 Chevy pickup. 

Fabian S. Hernandez, 48, of Columbia Avenue, Batavia, was also on Route 98 in a 2005 Ford SUV.

Bach reportedly attempted to make a left turn onto Route 98 and struck Oehler's vehicle, pushing it into the SUV driven by Hernandez.

Hernandez had 10 passengers in his vehicle, but none of them were injured.

Bach then reportedly continued south on Route 98 and was located some time later.

No other citations or criminal charges were listed in the accident report.

The accident was investigated by Sgt. Greg Walker.

(Initial report)

Eight people are charged with burglary in the third degree following an investigation into a July 17 break-in at Oakfield-Alabama High School.

The eight people are accused of entering two vending machines and removing nearly all of their contents.

Charged were Jamie R. Bachorski, 17, of Webber Avenue, Oakfield; Mark A. McNutt, 17, of Webber Avenue, Oakfield; Corey J. Mooney, 18, of Lockport Road, Oakfield; Roosevelt Little Jr., 20, of Fisher Road, Oakfield; Darryle W. Stamp Jr., 22, of Hellert Road, Shelby; Duty E. Caswell, 20, of South Pearl Street, Oakfield, and Kevin M. Waleski, 23, of Church Street, Basom.

A girl was also charged as a juvenile offender but her name was not released.

All of the suspects, except Waleski, were arraigned in Oakfield Town Court and released under their own recognizance. Waleski, who was arrested recently on a grand larceny charge, was jailed on $5,000 bail.

The investigation was conducted by Juvenile Officer John Dehm and Investigator Timothy Weis with assistance from Investigator Kris Kautz, Deputy Chris Parker, Deputy Nathan Balduf, Deputy Chad Minuto and Deputy Kevin McCarthy.

Tremaine Jason Halftown, 37, of Brant Reservation Road, Brant, is charged with criminal contempt, 1st. Halftown was allegedly a passenger in a vehicle being driven by a woman Brant had been ordered by an Erie County court not to contact.

Charles William Glover, 69, of Tournament Drive, Hudson, Fla., is charged with trespass. Glover is accused of trespassing on property on Pekin Road, Elba, at 9:56 a.m., Dec. 22.

A vehicle that may have been involved in a property-damage accident on Route 98 at West Saile Drive reportedly fled the scene and headed south on Route 98.

The car was last seen turning onto Park Road heading toward Veterans Memorial Drive.

The vehicle is described as a gray Chevy Venture. It's missing a front bumper and the passenger-side headlight is out.

The car is registered to a resident in Bergen.

UPDATE 6:29 p.m.: Not sure, but it sounds like the vehicle has been located, unoccupied. Didn't catch a location.

UPDATE 6:33 p.m.: Both airbags in the vehicle were deployed.

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.