batavia

And they're off ... for the 66th season, there is live harness racing at Batavia Downs.

More than 3,000 racing fans turned out for opening night and they witnessed Shawn Gray, who captured Buffalo's 2012 driving title, notch three wins.

Two other of the nation's top drivers, Dan Noble and Jim Morrill Jr., were also featured on the night.

Route 33 is being shut down at Angling Road for an ATV vs. gas meter accident with a possible gas leak.

East Pembroke Fire Department on scene. Corfu fire police responding for road closure.

UPDATE 10:22 p.m.: All houses from the east of the incident location have been evacuated.

Two common questions around town about The 420 Emporium at 400 Ellicott St., Batavia, are "who owns it?" and "what does 420 mean?"

On the ownership question: Neither the City of Batavia nor Genesee County require business licenses. The store has not applied for (and apparently doesn't need) any sort of variance to operate nor has it applied for a sign permit. Technically, the store owner should apply for a "doing business as" fictitious name statement, but The 420 Emporium in Batavia has not done that, according to available records.

Amber Snover (inset photo), a Rochester resident, claims ownership on her Facebook page of the Brockport, Fulton, Henrietta and Syracuse outlets. 

This afternoon, The Batavian called Snover and asked if she owned the Batavia store. She claimed she did not. She also denied ownership of the Brockport, Fulton, Henrietta and Syracuse locations. She then hung up the phone.

We followed up with a text message and pointed out that she claimed ownership of the stores on her Facebook profile and she accused The Batavian of harassing her.

We then tried to call Joshua L. Denise, a Rochester resident who reportedly works at The 420 Emporium location in Batavia, and asked if he or Amber Snover owned the store and he immediately hung up the phone.

Snover represented The 420 Emporium at a Village of Brockport meeting in November after apparently running afoul of zoning rules that required a change of use permit for the 420 location at 14 Market St. The location had previously been a tattoo parlor and apparently Brockport's planning department needed to be notified of the change from service to mercantile.

Snover, according to the board minutes, said she was ignorant of the village's ordinance on the matter and apologized for not applying for the change before opening.

According to the minutes, Snover reportedly said she owned the store in Fulton.

Board members expressed concern about the depictions of marijuana in the shop's window and questioned why the store was open until midnight.

She reportedly said "that's when the sales are the highest."

Snover reportedly told board members she was previously employed at Look ah Hookah in Henrietta. That location was recently named in a lawsuit filed by the Attorney General's office aimed at curbing bath salt sales.

From the Viilage of Brockport Planning Board minutes:

Member Winner inquired what state agency determines what is appropriate in her store and she replied ATF. He asked if she had had any trouble with them and she said no, as a matter of fact, she just contacted ATF last week to see if it is okay to ID people at the door; they said it is fine. When asked if there had been any complaints filed with state or federal agencies, she said no. She was at her previous store less than one year and did have a fiduciary responsibility in that business.

At the time of the meeting, November 2011, Brockport PD reportedly walked through the store and found no illegal items on sale.

Snover reportedly gave two explanations to the board for the name "420 Emporium." One was that "420" is code for marijuana; the other that it was the date of a former partner's birthday.

The history of 420 as a code for marijuana goes back to 1971 when a group of San Rafael, Calif., high school students who called themselves "The Waldos" used to meet at 4:20 p.m. at a statue of French chemist and microbiologist Louis Pasteur to plan their search for a supposed secret, hidden cannabis crop in the area. By legend, 4:20 is the socially acceptable time to smoke marijuana.

Snover is also listed in domain name records as the owner of the420emporium.com, which she registered in February.

We are awaiting delivery of incorporation records from the NYS Division of Corporations, which should list the owner(s).

UPDATE 6:55 a.m., Tuesday:  It turns out the Monroe County Clerk's Web site has a copy of The 420 Emporium's incorporation application available. It lists a Charles D. Fitzgerald as the person who incorporated the company. Fitzgerald is mentioned as the owner of The 420 Emporium in Fulton in a story about his arrest on 42 counts of criminal possession of weapon when police allegedly found 43 brass knuckles in the store.

Fitzgerald, 36, the story notes, had a prior criminal conviction. The police made the arrest following an investigation into a reported theft of "incense" from the store. Fitzgerald was arrested in November. The incorporation application was filed in August. It lists the same address in Rochester that is associated with the domain registration for the420emporium.com, which lists Amber Snover as the owner of the domain.

Note that Snover mentioned a "former partner" in the hearing in Brockport, according to the minutes. Further research on the property address associated with the incorporation and the domain registration indicates it's actually in Greece, not Rochester.

There are some communities in Western and Central New York where law enforcement and emergency personnel have reported problems with users on "bath salts," but some communities have been untouched.

In the GLOW region, for example, Le Roy, Albion, Medina and Warsaw, according to law enforcement sources in each place, haven't seen many emergency calls related to bath salts.

In communities such as Batavia, Fulton, Utica, Watertown and Syracuse, however, there has been an explosion of calls for bizarre behavior, people having seizures, people demonstrating extreme paranoia and agitation.

What's the difference between these two sets of communities: In the villages and cities where there are problems, there is at least one retail shop -- usually a head shop -- suspected of selling synthetic drugs. Where no such shop exists, there haven't been many people buying and using the products.

In Batavia, first there was The Laughing Buddha, which was suspected of selling bath salts and other synthetic drugs until it closed around the beginning of May.

At about the time it closed, The 420 Emporium opened at 400 Ellicott St.

There are four other 420 Emporium locations in New York. The first one opened in Fulton in September 2011. A short time later, a second head shop opened in Fulton.

"Ever since that store came to town, well, let me put it this way, we never had a bath salt problem until these stores came to town," said Sgt. Joseph Agigo of the Fulton PD. "It seems to have contributed to the problem. It may not be the only source of the problem, but it has contributed to it."

While bath salts and other synthetic drugs are available online, an online purchase requries a credit card and creates a paper trail. For a person on parole or probation, that could be a problem.

When a retail store allegedly sells synthetic drugs, anybody with cash and knowledge of the location can acquire a product that may or may not have been banned by state or federal law.

Sgt. Steven Hauck, public information officer for the Utica PD, doesn't want to overstate the level of bath salt problems in his city, saying that because his department's policy is to be completely transparent about the issues it deals with, Utica got more media attention than some other municipalities.

However, Hauck said there is certainly a correlation between ease of access to a retail location that seems to be selling synthetic drugs and the problems it creates in a community.

"Part of the thing with any type of drug is a person's ability to obtain that drug," Hauck said.

What Hauck said he doesn't understand is why a business that might otherwise be legitimate would want to get involved in something as ethically questionable as selling synthetic drugs.

"The thing I've always found really odd about the whole bath salt thing is that while I can understand to a certain degree, though I certainly do not condone it, a person on a street corner selling crack or selling marijuana, these are businesses, legitimate business," Hauck said. "Why would you want to get involved in something that you hear every day is killing people?"

The 420 Emporium's Web site lists locations in Rochester, Henrietta, Brockport (top photo), Syracuse, Fulton and Batavia.

The bath salt issues in Batavia are well documented. Fulton's police have dealt with bath salt issues. Media reports confirm numerous bath salt issues in Syracuse, though there are other possible retail outlets allegedly selling the compounds in that city. 

As far as Brockport, its chief of police has not responded to multiple phone calls and emails requesting comment. The Batavian did speak to a lone police officer Saturday who said he wasn't aware of any problems related to 420 in Brockport; however, Jason Lang has told The Batavian previously that he has purchased bath salts in Brockport.

On Saturday the Tonawanda Valley Youth Ladies Fastpitch Softball League (TVYLFSL) hosted a Junior Division small ball softball tournament to benefit Crossroads House.

Four teams of 10-12-year-old girls participated, representing Batavia, Le Roy and Byron-Bergen.

Participants and their families were asked to bring donations from the Crossroad House wish list.

http://www.crossroadshouse.com/

"Crossroads House is a comfort care home for those who have a terminal illness and have been medically determined to be in the last three months of life. Crossroads House is an alternative to a hospital or nursing home when care can no longer be provided in the patient's own home."

Le Roy 2 coached by Micky Hyde won the tournament. Tied in points going into the last game with Le Roy 1, Hyde's team scored a run in the last inning to pull off the win.

More pictures from the games can be found here.

A car is reportedly in a ditch at Brown and Wilkinson roads, unknown injuries, and a power line was taken down as a result. Emergency responders are told to proceed with caution. East Pembroke Fire Department and Mercy medics are responding.

UPDATE 8:29 p.m.: The caller states the vehicle has one occupant. The high-tension wires are across the roadway and it is "completely blocked." A train close to or crossing Wilkinson Road is stopped. The driver has head injuries and Mercy Flight and a landing zone set-up are requested. But Mercy Flight says there's no Batavia bird available; checking on Buffalo now.

UPDATE 8:36 p.m.: The driver has serious injuries. A brother is on scene. National Grid is notified.

UPDATE 8:43 p.m.: A Mercy Flight helicopter is expected to arrive from Canandaigua in about five minutes.

UPDATE 8:46 p.m.: The helicopter is expected any second now. It will land north of Brown Road, on the east side of that road. Fire police are on scene also.

UPDATE 8:49 p.m.: National Grid is on scene.

UPDATE 9:04 p.m.: The patient is described as a 52 41-year-old male who was thrown from the vehicle and has symptons consistent with a serious head injury.

UPDATE 9:28 p.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital in Rochester.

A fence is reportedly on fire at 21 North St. City firefighters are responding.

UPDATE 2:50 p.m.: The fire is out.

Four more burglaries, two at churches, were reported Sunday morning and a suspect was taken into custody, Batavia PD reports.

John A. Cabrera Jr., 22, of Batavia, was allegedly caught in the act of burglarizing St. Paul's Lutheran Church in Batavia.

It's unknown how it came to Batavia PD's attention that an alleged burglary was in progress at St. Paul's.

Right now, Cabrera is a suspect only in the alleged St. Paul's burglary.

A burglary was also reported this morning at Ascension West (formerly St. Anthony's Church) on Liberty Street (photo).

The 10:30 mass was canceled after the burglary was discovered.

There was also burglaries reported at the Genesee County Nursing Home and Parkside Manor Apartments.

Detectives say DNA evidence was collected at least one scene in the overnight burglaries.

Three church burglaries were reported July 8 in the city. DNA evidence was collected at least one of those locations.

A person was injured while playing on the ice at Falleti Ice Arena. He's down on the ice, unconscious. City fire is on scene and Mercy medics are responding. The arena is at 22 Evans St.

UPDATE 12:14 p.m.: City police also responded and they are back in service along with the firefighters. Mercy is transporting a male to UMMC.

More than 1,000 people -- when organizers considered 700 fans a good turn out -- showed up at the tractor pull at the Genesee County Fairgrounds on Saturday evening.

Competitors brought their machines -- small, medium and mighty -- to compete in various classes of competition, from stock, street-legal trucks and modified law tractors up to souped-up full-sized tractors.

If you're unable to view the slide show below, click here. To purchase prints of these photos (or previous fair photos) click here.

Five people are reportedly out of the vehicle and walking around after a rollover accident on the off ramp of the Thruway in Batavia.

Unknown extent of injuries, if any.

Batavia Fire Department responding.

UPDATE: Batavia's assignment held to Engine 24, non-emergency.

UPDATE 10:12 a.m.: Engine 24 back in quarters. Mercy EMS transporting five minors to UMMC, all with very minimal injuries.

Updated 9:25 a.m.

Two men reportedly got into a fight early this morning at 509 Ellicott St., Batavia, over a job one of them lost, leading to one of them stabbing the other in the stomach.

The victim sustained a non-life-threatening injury and was taken by Mercy EMS to Strong Memorial Hospital.

The suspect, James Smith Jr., 55, of 19 Porter Ave., Batavia, was taken into custody and is being held without bail. He is charged with assault, 2nd, and criminal possession of a weapon, 3rd.

The stabbing was reported at about 12:15 a.m.

The weapon allegedly used is described as a folding pocketknife.

Free-lance journalist Alecia Kaus contributed to this report and provided the photo.

A caller reported the smell of natural gas in the area of Dewey Avenue.

Another person reported the smell on South Main.

Batavia fIre's Ladder 12 and Engine 12 are in the area trying to detect the smell but negative results so far.

UPDATE 11:17 p.m. Smell located at South Main and River.

UPDATE 11:22 p.m.: Engine 12 back in service.

A deputy just received a walk-up complaint of a person with a shotgun walking around and yelling in the area of Overlook Drive.

The deputy, who was already with a trooper, is responding, and another deputy is responding, too.

UPDATE 10:52 p.m.: One deputy is clear of the scene and says the other deputy will update dispatchers.

UPDATE 10:53 p.m.: The first deputy has spoken with a complainant about the alleged man with a shotgun. It may not be a shotgun. It may be a play gun. Another deputy has located a kid who was on a bike with a Nerf gun.

UPDATE 11:01 p.m.: Law enforcement is clear the "gun complaint."

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A fight is reported on Jackson Street in the City of Batavia, and one person is reportedly wielding a stick. Police are responding. A vehicle believed to be associated with the fight has been stopped Pringle and Central avenues.

The Ghost Riders played Jackson Square on Friday night -- both bands.

The Ghost Riders country band shared the venue with the Ghost Riders Drum and Bugle Corps, which is also based in Batavia.

If it's ever possible to say Jackson Square is SRO, then last night was one of those nights. The square was nearly wall-to-wall music fans.

Press Release:

A bigger signature race, a new first race post time and Sunday afternoon racing in August are just some of the changes in store when racing returns for the 66th season on Monday (July 23) at Batavia Downs Casino. The pacers and trotters will meet at America’s oldest lighted harness track for 72 exciting race dates.

The Robert J. Kane Memorial Invitational Pace, the track's signature event, will now offer a $50,000 purse. This year’s Kane Memorial is slated for October 6. Last year, Aracache Hanover with Trevor Henry in the bike, lowered the Downs all-age record when he paced to victory in 1:51.1. Aracache Hanover is locally owned by William Switala and James Martin.

Racing fans will need to arrive 15 minutes earlier with first race post for all evening racing programs now slated for 6:25 p.m. Racing gates open at 5 p.m. with the exception of August 11 and September 15, when racing gates open for Old Fashioned night at 4:30 p.m.

A total of six matinees will be offered, including all four Sundays in August. The other two afternoon race cards are Labor Day and Columbus Day. Post time for all matinees remains at 1:15 p.m. with racing gates opening at 12 p.m.

Racing will be conducted on a Monday-Wednesday-Friday-Saturday night basis for the first two weeks of the annual Summer-Fall meet with Sundays replacing Mondays in August. Twelve races will be carded nightly except on Saturdays when the Genesee County racetrack will host 13-race programs.

A complete racing calendar is available for download at www.batavia-downs.com.

Changes were made to the wagering menu, with the major change being the minimum on trifecta wagering has been lowered to 50 cents. However a $1 wager is required. One dollar daily double wagering is also being offered.

Superfecta wagering is now offered on all races with the exception of races one and seven. The Pick-4 has been moved to the third race and the late-late double moves to the last two races nightly. The popular Pick-6, which paid $10,000 to one lucky ticket holder last season, begins on race seven.

North America’s leading dash winning harness racing driver in 2011, Dan Noble, will make his Batavia Downs debut on opening night. Noble led all drivers last year with 773 wins. He currently sits fourth this year with 320 wins.

Shawn Gray, currently the leading driver at Buffalo Raceway, will also be racing at Batavia Downs for the first time. The Maine native shipped to Buffalo in January and has notched 185 wins so far this season there.

Jim Morrill Jr., who recently won the $445,594 Yonkers Trot with Archangel, makes a special appearance on Monday night. Morrill established records for most wins and earnings in a single season at the Downs in 2006.

Again this season all racing programs will contain $2 free play coupons that can be redeemed at Players Club. The cost to purchase a program remains at $2, however on opening night and on July 28, the first New York Sire Stakes event of the season, racing programs will be free.

Player’s Club members dining in the track's historic clubhouse will receive $5 in Casino free play with the purchase of a buffet. On Sunday afternoon, the cost of the lunch buffet minus the free play coupon is just $3.95.

The entire racing season will be broadcast via live streaming video at www.batavia-downs.com. Race replays are available at the same web address.

The 2012 season features a variety of promotions, including two old fashioned nights, the biggest free handicapping contest ever and the annual family fun day at the races featuring the hilarious wiener dog races.

In an effort to better match patient care training with patient needs, UMMC recently eliminated eight licensed nurse practitioner positions in one department, but most of the people in those positions still have jobs, said Colleen Flynn, spokeswoman for UMMC.

Four part-time LPNs -- employees working no more than 20 hours a week -- were offered positions elsewhere in the hospital, Flynn said. Two accepted, one decided to go back to school and Flynn hasn't heard yet what the fourth LPN decided to do.

The four per diem positions -- LPNs who filled in for vacations or to shore up other staffing shortfalls -- in the medical surgical floor unit were eliminated but these nurses were given the opportunity to train for new per diem positions with the hospital.

Three were retirees who elected to stay retired, Flynn said, and the fourth will continue to work on a per diem basis for UMMC.

"We separated the positions to better match up skill sets for staffing reasons," Flynn said. "In most cases, hospitals no longer utilize LPNs in acute-care settings, but we still need them in other places. The scope of the practice and licensure determines what they can do for a patient."

In modern health care, patients are not as routinely hospitalized as in the past, so when patients arrive at UMMC now, Flynn said, their needs are much more acute.

"To be a hospitalized patient these days, you have to be very sick," Flynn said. "Because the acuity of patients there are more demands for patient care, so that’s why we decided just to use registered nurses (in that department)."

Residents of 400 Towers are hosting a yard sale today on the shuffle board court in front of the building.

The same location from 1 to 3 p.m. on Sunday will be the site of a concert by The Ghost Riders and the public is invited.

Richard Lee Maston, 30, of Colorado Avenue, Batavia, is charged with two counts of criminal possession of a forged instrument, 2nd. Maston is accused of possessing two forged business checks at two separate locations within the City of Batavia, one on July 9 and one on July 18. Deputies are  investigating whether Maston allegedly cashed more than 12 other checks at locations in the City of Batavia and one location in the Town of Batavia, all between July 8 and July 17. Maston was arraigned and released under supervision of Genesee Justice.

Michael C. Buzzell, 34, of 6 Lewis Place, Batavia, is charged with menacing, 2nd, and criminal possession of a weapon, 4th. Buzzell allegedly threatened to kill a person while holding a knife. Police were called the scene at 9:15 p.m., Thursday. Buzzell was jailed on $5,000 bail.

Tyrone N. Thigpen, 35, of 5 Pearl St., Batavia, is charged with criminal contempt, 2nd. Thigpen is accused of violating a "stay away" order of protection.

Ronald J. Murray, 17, of 7 Wood St., Batavia, is charged with petit larceny. Murray is accused of stealing a bicycle that was parked outside of a downtown restaurant. Police report later locating Murray with the bicycle a short time later.

Ian C. Blain, 23, of Ashland Avenue, Buffalo, is charged with unauthorized use of a vehicle and unlawful dealing with a child. Blain is accused of taking a vehicle from the parking lot of the Log Cabin Restaurant in Pembroke and leaving it abandoned in a field off Indian Falls Road. He's also accused of providing alcohol to a person under age 21.

Stephen P. Pahuta, 50, of Oakfield, is charged with criminal obstruction of breathing, strangulation, coercion, three counts of criminal mischief, and harassment, 2nd. Pahuta was arrested following a report of an incident at 11:40 a.m., Thursday, in Oakfield. State Police responded. No further details were released.