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Man charged in May homicide on 18th Street

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A 27-year-old man has been charged in the fatal shooting of a man last May on 18th Street, Buffalo police announced Friday night.

Rayshawn Bethany, for whom no home address was released, was charged with second-degree murder in the death of Vernon Hardy Jr., and the wounding of a 17-year-old Buffalo girl about 3:15 p.m. on May 22.

Hardy was shot multiple times and police reportedly used the city’s surveillance camera system to zero in on the likely suspect. The girl who also was shot was treated at Erie County Medical Center for a gunshot wound to her arm.

Bethany’s arrest by Detective Salvatore Valvo and Officer Jayson Mayhook marked the third homicide arrest by Buffalo police in the last 10 days, according to Chief of Detectives Dennis J. Richards.


Fire damages Town of Lockport house

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TOWN OF LOCKPORT – A fire that may have started in the chimney damaged a two-story house at 6054 Crosby Road early Friday evening.

The Niagara County Sheriff’s Office was alerted to the fire at 7:13 p.m. and by the time patrols arrived, the fire had spread to an upstairs bedroom. All the occupants escaped uninjured.

The fire was extinguished by the Rapids Fire Co. with assistance from the South Lockport and the Clarence Center fire companies.

No damage estimates have been released and the investigation is continuing.

Three arrested in narcotics raid on Grand Island

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Two men and a woman were arrested by Erie County Sheriff’s Narcotics Unit detectives during a Friday morning raid on a Carl Road duplex.

Dezeree Salley, 28, of Niagara Falls; Michael Giordano, 32, of the Carl Road address; and Jason Klinger, 37 of Lewiston, were taken to the Erie County Holding Center.

Sheriff Timothy B. Howard said Klinger is a registered sex offender and is scheduled to begin serving a 2½-year prison term on sex offense and drug charges that his attorneys worked out with Niagara County Court officials recently.

All three were charged with criminal possession of controlled substances with intent to sell, a felony carrying a possible 25-year prison term, and lesser drug charges.

The raid, conducted under a search warrant issued by Grand Island Town Justice Mark Frentzel, led to the seizure of an array of illegal substances with a marijuana-growing operation found in the attic, the sheriff said.

He said a fourth person may be charged after consulting with the Erie County District Attorneys’ office.

Court cancels transfer of contaminated Lockport store

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LOCKPORT – A judge has canceled Patrick S. McFall’s transfer of the contaminated former Peters Dry Cleaning in Lockport to a man who said he was illiterate.

The March 1 order from State Supreme Court Justice Richard C. Kloch Sr. returns the Willow Street property to McFall, but apparently not for long.

City Treasurer Michael E. White said this week, in an email released by Corporation Counsel John J. Ottaviano, that he intends to foreclose on the site by midyear, leading to a state Department of Environmental Conservation cleanup and demolition of the half-wrecked store, located in a residential neighborhood.

McFall sold the Peters site June 7 for $1 to Eddie Person of Lockport, a convicted drug user who later said he was illiterate and had no idea what he was getting into.

Person’s attorney, Brian J. Hutchison, said Person should be in the clear from being stuck with the cost of the expected Superfund cleanup of the site, but that’s not certain.

“It’s not cut and dried, but it does help,” Hutchison said. “He was in title. Voiding the deed doesn’t bind the state or federal government [to ignore it].”

Part of the brick building collapsed Dec. 15, 2011, leading to a long round of litigation against McFall for building code violations stemming from failure to clean up the site.

The city and the state insisted on an asbestos investigation, which McFall resisted for months.

In June, McFall was convicted of code violations and sentenced to seven months in jail by City Judge Thomas M. DiMillo.

Five days later, the conviction was canceled after DiMillo admitted McFall should have had a jury trial, and McFall was released.

Besides the contamination caused by dry cleaning chemicals spilled on the ground by previous owners – the store is listed by the state as an inactive hazardous waste site – McFall owed the city about $43,000 in back taxes and water bills. The deed transferred those obligations to Person.

Person hired Hutchison, who sued McFall in late October to cancel the deed. Hutchison said he checked academic records and the reports of some people who knew Person from drug court to confirm he couldn’t read or write.

Kloch gave Person the victory on a “default judgment,” because McFall didn’t contest the suit officially.

McFall didn’t return a call seeking comment Friday, but in a Feb. 20 court filing he denied Person’s allegations and thought he had a lawyer to handle the case for him.

That attorney, Jon R. Wilson, said that although he represented McFall in Housing Court, he was never retained for the State Supreme Court case over the deed.

“There was no admission on [McFall’s] part of any wrongdoing,” Hutchison said.

In November, McFall agreed to settle the housing case by paying the city $36,877 with $5,000 up front and $200 a month thereafter.

“We had assurances from the violation case that the city wasn’t going to pursue any further charges,” Wilson said.



email: tprohaska@buffnews.com

Two charged for stealing furnace, trying to take water tank

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Two Northumberland Avenue men are being held on burglary and other charges for allegedly stealing a furnace from a vacant Lark Street home and trying to steal a hot water tank from an occupied Dutton Avenue home.

Derrin J. McAdory, 30, and Allan J. Wingard, 35, were arrested by Officers Tina Ferraro and Valerie Shropshire about 11:40 p.m. Wednesday on Northumberland shortly after the Dutton Avenue homeowner confronted them and forced them to drop the water tank in the driveway.

Both men are charged with second-degree burglary and attempted grand larceny for the Dutton Avenue incident. They also are charged with criminal mischief for allegedly breaking into the cellar of the Dutton Avenue home and removing parts of its furnace.

McAdory is charged with third-degree burglary, fourth-degree grand larceny and criminal mischief in the theft Monday evening of the furnace from the Lark Street home and for breaking the lock on a side door to get into the cellar.

Teen arrested in Newfane ‘milk smashing’ prank

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A Newfane High School senior was arrested Friday in a “milk smashing” prank at a Tops Market in the town after he was recognized by store employees and bragged about his actions on Facebook.

The 18-year-old Burt resident was picked up by Niagara County sheriff’s deputies at school and arraigned in Newfane Town Court on a misdemeanor charge of criminal mischief in the incident, which took place Monday at the Tops on Lockport-Olcott Road, said Sheriff’s Capt. Greg Schuey.

This incident, caught on a store surveillance camera, is one of at least 10 “milk smashings” that have taken place in the last week in this area, as the trending online prank made its way to Western New York.

In “milk smashing” or “gallon smashing,” young people at supermarkets grab plastic gallon jugs of milk or juice and then throw them in the air or smash them to the floor while pretending to fall or slide to the floor as the liquid pools around them.

The scene is recorded by an accomplice with a smartphone and later posted to YouTube or social media sites.

Tops store security reported the Newfane “milk smashing” to sheriff’s deputies Tuesday and showed investigators footage from the in-store video system of a young man smashing the milk containers on the floor at about 6:40 p.m. Monday, causing about $8 damage.

Employees were able to identify the suspect. He also posted video of the incident on his Facebook page.

Deputy Justin Birmingham, the school resource officer at Newfane High School, and Deputy Shannan Rodgers investigated.

email: swatson@buffnews.com

EPA official says coke plant spewed tons of gas into air

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Following a six-day inspection in 2009, Tonawanda Coke told federal officials that toxic emissions from a small bleeder valve at the plant were rare and didn’t last long when they did occur.

For the first time Friday, an official with the U.S. Environmental Protection Agency challenged those claims in Buffalo federal court and suggested the amount and frequency of the emissions were substantially higher than what the company claimed.

The valve’s emissions – the allegation is that it’s coke oven gas with benzene – are at the crux of the government’s clean air and obstruction of justice charges and account for six of the 19 felony counts facing Tonawanda Coke.

“I would not consider that de minimis,” Harish Patel, an EPA environmental engineer, said of the government’s estimate of how much gas came out of the valve.

Patel, one of four EPA officials who inspected the Town of Tonawanda plant that same year, went so far as to estimate the amount of coke oven gas at 173 tons a year.

Prosecutors would not comment on Patel’s estimate – it is not known what percentage of that 173 tons may have been benzene or other toxic pollutants – but it is believed to be high enough that the valve may have at least required a permit.

Patel’s analysis of the bleeder valve – one of three alleged sources of air pollution cited in the criminal charges against Tonawanda Coke – followed the disclosure in court Friday that the company claimed the emissions were infrequent and minimal.

“The PRV opens very rarely,” the company said in a 2009 report about the valve. “Should the valve open, it would only be for 5 to 10 seconds. The PRV has not opened for months.”

Patel is the first EPA official to testify before the jury and Chief U.S. District Judge William M. Skretny about the amount of coke oven gas that came from the valve. Several current and former Tonawanda Coke employees have testified that the valve opened every 20 to 30 minutes and usually stayed open for 10 to 20 seconds, sometimes longer.

Courtroom testimony that coke oven gas with benzene was released into the air came as the debate over the health of residents living in and around Tonawanda’s industrial corridor continues to rage.

State health officials recently released data showing elevated levels of certain cancers and birth defects among neighborhood people. The report, which stopped far short of identifying a cause, was prompted by an air quality study that found concentrations of benzene and formaldehyde much higher in the Tonawanda area than other industrial and urban areas.

Patel said EPA’s review of the bleeder valve’s operations led to a civil Notice of Violation against the company, an action defense lawyers took issue with in view of Tonawanda Coke’s plan to remove the bleeder valve.

“You were not aware that the company was planning to deactivate the pressure relief valve, correct?” asked Gregory F. Linsin, a lawyer for Tonawanda Coke.

“Correct,” answered Patel.

Patel, when questioned later by Assistant U.S. Attorney Aaron J. Mango, testified that the Notice of Violation was based not on the company’s future plans, but on its past use of the bleeder valve.

He also disagreed with the defense’s contention that Tonawanda Coke’s characterization of the emissions as “de minimis” may have been justified if it was based on the valve’s use in late 2009, and not during the inspection several months earlier.

“You don’t think that would be reasonable?” asked defense attorney Rodney O. Personius.

“No, I don’t,” answered Patel.

The bleeder valve is one of three alleged sources of air pollution cited by the government in its indictment of Tonawanda Coke and fellow defendant Mark L. Kamholz, the company’s environmental controls manager.

The others are two “quenching towers” used to cool the hot coke produced at the plant. The company is accused of not equipping its towers with baffles, a piece of equipment used to reduce the particulate matter in the coke oven gas that results from the cooling.

Personius and Linsin tried to poke holes in the government’s case by suggesting there are inconsistencies and discrepancies in how state and federal officials oversaw the plant’s use of the two towers.

“Were you aware that the New York State Department of Environmental Conservation had granted this facility an exemption for Quench Tower No. 1,” Linsin asked at one point.

“I was not aware of it,” Patel answered.

“Do you agree that you should have been aware of it?” Linsin asked.

“If I had reviewed the DEC records, I would have been aware of it,” Patel said.

Linsin also asked Patel if he was aware that the state had cited Tonawanda Coke for violations at only one tower while the EPA cited both towers.

Patel said he was not aware of the difference in violations.

In addition to the Clean Air Act violations, Tonawanda Coke and Kamholz are accused of violating a federal law known as the Resource Conservation and Recovery Act. The law covers the storage and treatment of coal tar sludge, one of the byproducts of making coke.



email: pfairbanks@buffnews.com

Buffalo police looking for information on cab driver’s mailed wallet insert

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Buffalo police are asking for the public’s help in determining how the driver’s license of a slain taxicab driver was put into a mailbox after his body was discovered Wednesday morning.

Police also are seeking information from anyone who saw Mazen M. Abdallah’s taxicab between 5 and 7 a.m. Wednesday. The vehicle was a white Lincoln Town Car with the number 57 prominently displayed, marked with the Airport Taxi logo.

The vehicle was found in the 700 block of Norfolk Avenue, with the driver’s body in the back seat.

Someone found the victim’s New York State driver’s license, inside a brown leather and plastic insert of a wallet, displaying the victim’s picture and other information. That person may not even have noticed what it was, or its significance, before putting the insert in the mailbox.

Police are asking that person to come forward, with information about where the license was found and the location of the mailbox.

Anyone with any of that information is asked to call the Homicide Squad, at 851-4466, to text a tip at (716) 847-2255, or to visit the department’s website, at www.bpdny.org.

Randolph school bus driver jailed on sexual-abuse charges

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A 66-year-old Randolph school bus driver is in the Chautauqua County Jail without bail, following his arrest on felony sexual-abuse charges involving a child, authorities reported.

John Hitchcock has been charged with multiple counts of sexual abuse of a minor, reportedly involving a juvenile male, last fall. He was arrested Friday.

“The District placed Mr. Hitchcock on administrative leave when this matter was first brought to our attention and it was immediately reported to police authorities,” school officials stated on their website. “To protect the integrity of the police investigation, the District cannot provide further comment at this time.”

Randolph sits on the western edge of Cattaraugus County, but at least some of the alleged incidents occurred in nearby Chautauqua County.

Firefighters battle three fires Saturday

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Buffalo firefighters spent a busy late morning and early afternoon Saturday, battling three blazes in occupied homes that caused more than $180,000 in damages and left seven people temporarily homeless.

Firefighters spent hours fighting a stubborn fire in a 2½-story wood house at 384 Herman St., just east of the Kensington Expressway, between East North and Best streets.

A few minutes after firefighters responded to a 9:09 a.m. call, fire officials ordered an evacuation of firefighters and conducted a quick head count, or “accountability report,” from each of the ladder and engine companies at the scene. All personnel were accounted for.

Firefighters spent hours at the scene, battling heavy smoke and fire conditions on the first two floors and concerned about the possible toppling of a chimney in that home. The house was destroyed in the fire, and authorities have called for an emergency demolition.

The blaze, which sent a plume of heavy smoke into the air and forced the rerouting of nearby Genesee Street traffic, caused an estimated $40,000 damage to the house, plus $5,000 exposure damage at 382 Herman St. and another $1,000 worth at 394 Herman.

The Red Cross was called to assist one person forced out of the home.

About 20 minutes earlier, firefighters responded to an 8:47 a.m. alarm at 72 Dempster, an occupied two-story frame home in the city’s Bailey-William area. The Red Cross helped two adults and three children left homeless. That fire caused an estimated $75,000 damage.

Early Saturday afternoon, shortly after 12:30 p.m., firefighters responded to a fire that left $60,000 damage at 21 West Lane, one block southeast of Ontario Street, in the city’s Riverside section. One adult needed assistance from the Red Cross.

email: gwarner@buffnews.com

Ambulances dispatched to crash on outbound Kensington near Bailey Avenue

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Emergency crews and police converged on the scene of a crash on the outbound Kensington Expressway near the Bailey Avenue exit about 3:30 p.m. Saturday.

Outbound traffic was backed up considerably, with the inbound Kensington down to one lane. One car appeared to have crashed into the medial guardrail and flipped. Further information was unavailable.

Chimney fire chases elderly couple from Town of Lockport home

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TOWN OF LOCKPORT – A blaze chased an elderly couple from their Crosby Road home Friday night after a chimney fire spread into the upstairs ceilings, authorities said.

The fire, which broke out about 7:10 p.m., started in the lower part of the chimney and spread to the bedrooms, Niagara County sheriff’s deputies said. The two fled safely. Firefighters from Rapids, South Lockport and Clarence Center companies fought the blaze. The cause of the fire remains under investigation. A damage estimate was unavailable.

Man, woman questioned as possible suspects in holdups

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CAMBRIA – Investigators are questioning two Lockport residents as possible suspects in a recent bank robbery, after they were pulled over Friday morning while police sought suspects from another bank holdup.

The two – a man and woman – were pulled over about 11 a.m. Friday in the 3900 block of Saunders Settlement Road after a Niagara County sheriff’s deputy noticed that the man matched the description of the bandit in a Lockport bank holdup that occurred a short time earlier. Deputies said the man had $2,600 in cash stuffed in three pockets of his pants.

Deputies said the man claimed the money was from his tax return.

Neither were identified by tellers of the recent bank holdup. However, police said the woman matches the description of a robber from an earlier holdup.

Further information was unavailable.

Tools valued at $2,000 stolen in Chilton Avenue truck break-in

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NIAGARA FALLS – At least $2,000 worth of hand and power tools were stolen from a truck parked outside a Chilton Avenue home overnight Friday, police said.

Items stolen include several saws, routers, nailers, screw guns and assorted hand tools. The rear doors of the truck were left open and a neighbor reported the break-in about 2:30 a.m., police said. An inventory is being conducted.

Four shot, one fatally, in city’s Bailey-East Delavan area

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Four people were shot, one fatally, overnight Friday in three incidents within a 10-block area of the city’s Bailey-East Delavan neighborhood.

A 22-year-old man who was shot drove a couple of blocks before crashing his vehicle. He later died. The man, whose name has yet to be released, was shot once while driving a Dodge Durango in the area of Lang Avenue and Hagen Street shortly after 8:30 p.m. Friday.

He crashed into another vehicle at Newburgh and East Delavan avenues, about two blocks from the shooting scene. The victim, who was bleeding badly, was taken to Erie County Medical Center, where he died, police said.

“He had a single gunshot wound to his thigh area, and he succumbed to his injury,” Buffalo Chief of Detectives Dennis J. Richards said.

Two other shootings involving three victims occurred nearby, in the Bailey-Schreck and Roslyn Street areas. “Our Homicide Squad and district detectives are looking into any connection between these three shooting incidents,” Richards said.

The second shooting occurred about 10:10 p.m. on Roslyn. Robert Proctor was shot in the right rear thigh. He was taken to ECMC, where he was treated and released.

At about 12:30 a.m. Saturday, Tevin Sapp and Seth McMorris were struck in a drive-by shooting in the Bailey-Schreck area. Sapp was wounded in the lower left leg and McMorris was shot twice in the buttocks. Sapp was treated in ECMC, then released. The hospital had no information on McMorris.

Anyone with any information on any of the shootings is asked to call or text the Buffalo police confidential tip line at (716) 847-2255 or email the department at www.bpdny.org.



email: gwarner@buffnews.com

Theft of high-voltage wiring traced to electrician

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LE ROY – A LeRoy man has been charged with theft of high-voltage wiring, police said Saturday.

Michael A. Nicometo, 28, was charged with third-degree burglary, second-degree grand larceny and second-degree criminal mischief, stemming from a January burglary of more than $50,000 worth of electrical wiring and components from a Lake Street warehouse, LeRoy police said.

He was arraigned in LeRoy Town Court and sent to Genesee County Jail in lieu of $25,000 cash bail.

The investigation is continuing to determine if further charges will be placed against Nicometo for a series of these thefts dating back to last June.

What made this theft unusual was that wires were cut from between the transformer and the building while still connected to the main power grid, police said.

similar thefts occurred between October and February in LeRoy, as well as one in Rochester.

Investigators said they zeroed in on Nicometo, who is an electrician by trade and familiar with the workings of high-voltage installations. A search of his residence led to his arrest for the January case.

From the blotter / Police calls and court cases, Feb. 21 to March 2

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A Buffalo couple told Niagara Falls police that property was stolen from their rental car overnight Thursday while it was in the valet parking lot at the Seneca Niagara Casino & Hotel. A cellphone and a pair of prescription eyeglasses were taken from the car sometime between 11 p.m. Thursday and 11 a.m. Friday, police said, resulting in a loss of $285. Valet parking employees told police the car may have been left unlocked.A burglar stole $480 in cash after breaking into a 19th Street apartment overnight Friday in Niagara Falls, police said.

A resident told police that someone entered the apartment through a side window between 5 p.m. Friday and 12:40 a.m. Saturday.

In addition to the money, which was taken from a bedroom, two cellphones were taken from a living room area. Total loss was estimated at about $700.An Ohio couple lost $100 to a thief while they were at a bar on First Street in Niagara Falls early Saturday, police said. The wife told police that two $50 bills were in her purse when she went to the bar shortly after midnight.

She said she left it on the bar momentarily when she went to check on a lottery ticket. Upon returning to her hotel room at about 1:30 a.m., she said, the money was missing from her purse.Police in Niagara Falls arrested a Canadian woman Friday afternoon, accusing her of shoplifting $62 worth of liquor in her wheelchair. Lori-Ann Bowman, 47, of St. Catharines, Ont., was charged with petit larceny at Supermarket Liquors on Niagara Falls Boulevard. According to reports, Bowman, who is an amputee, tried to conceal several bottles of whiskey, rum and vodka inside a bag underneath her wheelchair. She was stopped after leaving the store at about 5:15 p.m.

• A resident of Chestnut Ridge Road, Gasport, was sleeping late Friday when he heard someone steal his Nissan pickup truck from his driveway, police said. It was just before midnight when the man heard the vehicle start and saw it being backed out of his driveway.

Sheriff’s deputies said the truck had been left unlocked in the driveway, with the ignition key atop a floor mat. An extensive search of the area was conducted but did not turn up the vehicle.

• Three juveniles nearly got away with throwing rocks and eggs at cars in a Cudaback Avenue parking lot Friday afternoon in Niagara Falls, but one ill-advised toss may have sealed their fate. A Toronto man called authorities after his 2003 Toyota was damaged by a rock at about 4 p.m. in the 1700 block of Cudaback Avenue. While officers were interviewing the man at the scene, an egg landed a short distance away, and police spotted a young man ducking into a nearby residence. Officers went to the house and interviewed the boy’s mother, who said that her son was inside with two friends. Police took all three back to the scene, where they were identified by two witnesses. The police Juvenile Aid Bureau is investigating the incident.Police charged a Lockport teenager with assault early Saturday after a 14-year-old Newfane resident reported being assaulted at the Allie Brandt bowling lanes on Lincoln Avenue in the Town of Lockport.

The victim suffered several cuts around his mouth and was treated in an area hospital, sheriff’s deputies said. The suspect was tracked to his home, where police found him holding ice on hand injuries reportedly stemming from the fight. The suspect will be petitioned to Family Court.

• Police arrested a Tonawanda man for driving while intoxicated after a slow, short chase early Saturday in the Town of Niagara. Sheriff’s deputies said they spotted Dwayne T. Wright driving around the Niagara Falls International Airport parking lot at about 4 a.m., before moving on to another parking lot down the street.

When deputies put on their overhead lights and tried to stop Wright’s car, he reportedly drove off at slow speed, driving on the shoulder of the road for about 50 yards before stopping. The 49-year-old resident of Revere Avenue in the Town of Niagara was charged with driving while intoxicated and failure to use a designated lane.

Teen’s tragic death leads to triumph for other students

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Ricky Costner Jr. was gunned down by a co-worker inside a Delaware Avenue restaurant three years ago, bringing a promising young life to a tragic end.

But from Ricky’s death has come the chance to help others get a new beginning, thanks to a scholarship that bears his name and assists students pursuing a degree in the culinary arts at Erie Community College.

That’s the path Ricky planned to take before his life was cut short at 18.

Friends and family gathered Saturday at the Costner family home on Ashland Avenue for a fundraiser to benefit the Ricky Costner Jr. College Scholarship Fund.

And while the scholarship – which ranges from $500 to $2,000 each year – helps students pay their college bills, it has done just as much to help the Costners with their grief and heartache.

The family still searches for closure, as the man accused of murdering Ricky has yet to stand trial.

“It always makes me happy to talk about Rick,” said his father, Rick Costner Sr. “It hurts a little bit, but his life was so short, his story needs to be told. I like to let people know he existed. He mattered to a lot of people – and he still matters to me.”

Ricky Jr. was killed the morning of Jan. 16, 2010, and his father remembers every painful detail. It happened right before his eyes.

He woke up Ricky Jr. in the morning and the two drove together to Merge restaurant, where Costner was the manager and his son had recently joined him as a sous chef.

As Costner counted the cash at the register and staff prepared for opening, the alleged gunman, Ernesto Arechavaleta-Taureaux, the dishwasher, opened fire.

Ricky Jr. went down. His father was hit once, then twice. A struggle ensued.

“I could have killed Ernesto,” Costner recalled recently. “I had him on the ground. I had his gun. I remember thinking, ‘Kill him,’ but I didn’t.”

While the chef held down the gunman, the father turned his attention to his only son, who was on the floor gasping for air.

As police and medics arrived, a wounded Costner was whisked off in one direction and his son another – the two never to see each other again.

“I remember going to the funeral home, and I just couldn’t see him. I couldn’t look at him,” Costner said. “The worst week of my life.”

Justice has been slow for Costner, 50, a real estate investor who no longer works in the restaurant business, and his wife, Catalina.

While Arechavaleta-Taureaux was charged with murder, he was sent to a state psychiatric center for treatment that may make him legally competent to stand trial.

A hearing is scheduled for Wednesday to determine whether he’s gotten better enough to face a courtroom trial, explained Erie County District Attorney Frank Sedita III.

“He has to be deemed competent to stand trial,” Sedita explained. “The judge already ruled that he’s not competent to stand trial, because he has a mental illness – schizophrenia – and he’s delusional.”

“Take him to trial anyway,” Costner said. “He gets three meals a day in a facility when Ricky is in the grave. That isn’t justice for any family.”

After leaving Hutchinson-Central Technical High School a few credits shy of graduating, Ricky Jr. earned his general equivalency diploma from the Adult Learning Center.

Ricky Jr., one of four children in the family, liked to play video games and flirt with girls, and he was a whiz in the kitchen. He learned the restaurant business from his father and planned to go to ECC for a degree in culinary arts with dreams of one day owning a restaurant.

So when the family started receiving donations after Ricky’s death, they came up with the idea of the scholarship.

The fundraiser is the fourth annual with proceeds directly benefitting the scholarship, one of more than 100 handed out each year by the ECC Foundation.

“Our scholarship program means as much, or more so, to the donors, as it does to our students,” said Jeff Bagel, ECC’s associate vice president of foundation and alumni relations. “It’s a way they can continue to carry on the memory of their loved ones.”

“This one is unique because Ricky didn’t go here, but by his family and friends starting a scholarship, they’re able to help the other Ricky Costners of the world who want to get their start in the hospitality industry,” Bagel said.

Costner recalled attending the luncheon when ECC awarded the first Ricky Costner Jr. scholarship.

“When they mentioned Ricky’s name and scholarship, it hurt like hell,” Costner said. “But to see that kid and how proud he was to earn the scholarship, it just made me feel good.”



email: jrey@buffnews.com

Many Love Canal plaintiffs no longer live in Falls

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Nearly one-third of the people who recently applied to join a Love Canal lawsuit no longer live in Niagara Falls.

And at least one of those people, according to a Buffalo News analysis of court records, never did live in the Love Canal neighborhood.

“I anticipate that we’re going to see some derivative claims filed in this lawsuit. That is, claims filed by people who never lived at Love Canal but who had parents or grandparents who lived near the Love Canal,” said Douglas A. Janese Jr., an assistant corporation counsel who is defending the city of Niagara Falls against the $113 million state lawsuit. “At this point, we have no way of knowing if these claims are legitimate or not. We may not know the real truth until we get these people in front of a jury.”

Because of the size and complexity of the case, legal experts predict that it’s going to take one to three years of pretrial wrangling before the case goes to trial.

The lawsuit has raised new questions about public safety in the neighborhood surrounding Love Canal, a 70-acre toxic landfill site surrounded by homes, playgrounds, baseball fields and senior citizen facilities.

While state and federal government officials insist the neighborhood is safe, attorneys for more than 600 plaintiffs claim that dangerous chemicals have leaked from the landfill onto the properties of nearby homeowners, creating a “public health catastrophe.”

Buffalo News reporters examined 596 notices of claim filed by people – including current and former residents of the Love Canal neighborhood – who wish to join the lawsuit. The News also spoke to several of those people, including one woman who never has lived in the Love Canal neighborhood and a former neighborhood resident who hasn’t lived near Love Canal since 1981.

“I lived there from 1971 to 1981. I have health problems that I believe were caused by the chemicals and Love Canal, and my son does, too,” said Albert Herbert, 58, a bus driver now living in Charlotte, N.C. “I have had severe headaches for many years, and I had prostate cancer. My son is 10 years old, and he gets severe headaches. My doctor says he has no explanation for it.”

Herbert recently became a plaintiff in the case, and so did Kendra Baldwin, 29, who lives in Niagara Falls, but has never lived in the Love Canal neighborhood. Baldwin said her mother, Sharon Brown, grew up near Love Canal.

Baldwin said she recently petitioned to join the lawsuit because she is convinced that Love Canal chemicals caused numerous health problems suffered by her mother, by Baldwin and Baldwin’s three children. She declined to give details of the health problems.

Critics of the Love Canal neighborhood, including some people who live in the neighborhood, have claimed to The News that some plaintiffs are making a “money grab” by blaming health problems on chemicals at the landfill.

The city of Niagara Falls is one of 14 defendants named in the lawsuit. Mayor Paul A. Dyster said city officials are concerned about the lawsuit but are trying to prevent it from creating hysteria in the community.

Based on information he’s received from state and federal agencies, Dyster said he believes the landfill is functioning properly and that the neighborhood is safe.

“I don’t want to trivialize the concerns,” Dyster said of the lawsuit claims. “At the same time, I don’t want to create more concern than is warranted ... My office gets no phone calls from concerned citizens about Love Canal.”

City attorneys said the 596 notices of claim recently filed in the case contain mostly “boilerplate” language and contain little detail about what alleged illnesses were caused by Love Canal chemicals.

“So many details are lacking that it would be difficult for us to determine how to defend the case,” Janese said.

For that reason, the city probably will seek to “reject” the notices of claim, which could set the stage for a series of depositions of each of the people who filed the notices of claim, Dyster said.

Attorneys for the plaintiffs in the lawsuit could not be reached to comment on Friday.



email: dherbeck@buffnews.com; cspecht@buffnews.com

Falls man charged with Lockport bank robbery

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LOCKPORT – Lockport detectives arrested a Niagara Falls man at his home about 3 a.m. today and charged him with Friday morning’s robbery of the M&T Bank branch at Pine and Walnut streets in Lockport.

Joseph S. Trusello, 23, was arrested at a halfway house at 431 Memorial Parkway, Lockport Detective Capt. Richard L. Podgers said. He was charged with third-degree robbery and third-degree grand larceny.

Police credited the wide publication of a bank security camera photo of the robber for producing numerous tips that led them to Trusello,

Podgers said Falls police entered the home first “to see if he looked anything remotely like the picture.” Podgers said that Trusello did resemble the photo, so the Falls officers told him that Lockport police were interested in talking to him.

“He sat there and waited for us,” Podgers said.

The money stolen in the robbery was not recovered, Podgers said. The bank has not yet completed an audit to determine how much was taken.

The robber used a note to a teller to obtain a stack of currency, the surveillance photos show. He did not display a weapon.

email: tprohaska@buffnews.com
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