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Falls man tries to run from police to evade drunken driving charges

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NIAGARA FALLS – A traffic stop led to further charges after a man got out of his car and tried to run off just before 3 a.m. Tuesday in the 600 block of 69th Street.

Donald E. Bracikowski, 56, of Troy Avenue was charged with driving while intoxicated, failure to signal, improper right turn, disobeying a stop sign and aggravated unlicensed operation.

Bracikowski fled and was found in a yard behind 614 70th Street, then continued to run until he was cornered in a fenced in yard and ordered to stop. He told officers, “My buddy told me to run. So what, I’m drunk. There is nothing illegal about that.”

Traffic Officer James VanEgmond identified Bracikowski as the driver who fled and Bracikowski later admitted he had been driving and had about eight beers at a local bar.

He was found to have a blood alcohol level of 0.19 percent, more than twice the legal limit of 0.08 percent.

Man admitted to drinking 13 beers prior to being pulled over in Wilson

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WILSON – Niagara County sheriff’s deputies charged a man with drunken driving after reports of reckless driving led them to a pickup being driven on the shoulder of the road at 8 p.m. Sunday in the 5400 block of Wilson-Burt Road.

Patrick J. Schrader, 42, of Maryvale Drive, Cheektowaga was found with an alcohol sensor reading of 0.24 percent, three times the legal limit of 0.08 percent and was charged with aggravated driving while intoxicated; as well as drinking alcohol in a motor vehicle.

Schrader admitted he had recently left the a bar grill in Wilson and when he was asked by deputies how many drinks he had, he said, “too many.” He was then questioned again about how many alcoholic drinks he had, and he told deputies he had, “about 13.” Deputies also found two cans of beer in the vehicle, including an open can of beer in the center console.

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Classic car recovered, but garage destroyed in Barker fire

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BARKER – A woman said she was in bed when she heard three explosions and looked outside and saw smoke and flames coming from the rear of the home’s attached garage at 5:16 a.m. Monday at 9782 Haight Road.

Carol A. Tucker, 71, told Niagara County sheriff’s deputies that she awakened her husband, Ronald A. Tucker, 72, and then called 911.

Ronald Tucker said he removed a classic car from the garage. He told deputies that he hadn’t used any equipment in the garage in the last day and said there were no electrical problems he was aware of. Damage to the approximately 20 by 50 foot garage was listed at $65,000.

The Barker Volunteer Fire Department extinguished the fire. Niagara County Cause and Origin is investigating the fire.

Body recovered in Lower Niagara River

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LEWISTON – An unidentified body was recovered today from the Lower Niagara River, several miles downstream from where a 23-year-old University of Buffalo student fell in at Whirlpool State Park on Saturday.

A New York State Parks Officer spotted the body from the shore just before 3 p.m. at the New York Power Authority Fishing Platform. The body was recovered shortly after.

Although no identity was confirmed this afternoon, State Parks Police have been searching since Saturday for Narang “David” Kim, a 23-year-old University of Buffalo MBA candidate and teaching assistant who slipped off a rock and fell into the rushing waters, after he ventured out beyond the trail at 6:30 p.m. Saturday.

Kim was walking the trail with a group of friends and his mother who had been visiting from Korea when he climbed out onto the rock and was pulled into the water when he slipped on the steep, algae-covered rock, according to Lt. David Moriarty.

State Parks Police and Erie County’s Air One helicopter had combed the water and shore without success since he disappeared into the fast moving whirlpool of the Lower Niagara River Gorge.

Officers were also searching for a woman who intentionally went into the water at Prospect Point and was swept over the American Falls a few hours later.

Moriarty said Monday that parks police are always searching and monitoring the river, noting that in addition to the woman, they still are looking for missing people from last year and the beginning of this year.

Deported woman arrested in Buffalo, charged with illegally entering U.S.

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A Canadian convicted of armed robbery in California and later deported is facing new charges of illegally reentering the United States.

Elizabeth Reid, 31, was arrested on Busti Avenue in Buffalo last week by U.S. Border patrol agents and charged with illegally entering the country after an aggravated felony conviction.

U.S. Border Patrol Agent Matthew Bitterman said Reid claimed to be a U.S. citizen and gave agents a fake California birth certificate.

Bitterman said she was ordered removed from the country on two prior occasions.

Versailles man admits sex with underage relative

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A Versailles man Monday confessed to having oral sex with an underage relative, Cattaraugus County District Attorney Lori Pettit Rieman announced.

Harold R. Hunt, 39, pleaded guilty to first-degree criminal sexual act, first-degree incest and endangering the welfare of a child. The crimes occurred between October and December of 2007.

Hunt is in the Cattaraugus County Jail and will be sentenced Sept. 9.

In other court matters before Cattaraugus County Judge Ronald D. Ploetz:

• Marlow T. Day, 27, of Allegany, pleaded guilty to driving while intoxicated Oct. 25 in the Town of Allegany.

• An Olean man pleaded guilty to driving while intoxicated and second-degree aggravated unlicensed operation of a motor vehicle. Ryan M. Klein, 26, was driving with a blood alcohol content of 0.22 percent Feb. 6. His license was suspended or revoked at the time due to a prior alcohol-related conviction.

• Portville resident Mark F. Ciancio, 57, pleaded guilty to misuse of food stamps, a class A misdemeanor, after he attempted to use another person’s food stamps without authorization between Sept. 14 and Oct. 12 in the City of Olean.

• Chelsey D. Cloud, 24, of Great Valley, pleaded not guilty to two counts of fourth-degree grand larceny. Cloud was accused of stealing property valued in excess of $1,000 on two separate occasions in the Town of Great Valley, once between Nov. 13 and 20, and once between Nov. 15 and 18.

• Olean resident Adam C. Marshall, 20, was sentenced to one year in the Cattaraugus County Jail for a third-degree burglary committed Feb. 16 in the City of Olean.

Buffalo homicides keep to their trend

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Nothing seems to put a significant dent in Buffalo’s homicide rate from year to year.

Not the Buffalo Police Department’s extensive efforts to break up violent gangs. Not city leaders’ tough talk about bringing killers to justice. Not all the well-intentioned stop-the-violence pleas and prayer vigils, like the one held Tuesday in Niagara Square.

Homicide patterns have a life of their own, often defying the other crime trends in the city. A spate of shootings in the last four days underscores that grim reality.

At 12:50 p.m. Tuesday, at about the same time the prayer vigil was being held, three young men narrowly avoided death when a gunman sprayed bullets at the intersection of Fillmore Avenue and Rodney Street, police reported. The young men suffered non-life-threatening wounds.

Others have not been so lucky of late.

Late Monday night, Langfield Housing Project residents called police to report hearing what sounded like a shotgun blast. Then, shortly after dawn Tuesday, a man in his 20s was found on a rear porch, dead from an apparent shotgun blast to the upper body, according to Chief of Detectives Dennis J. Richards.

Late Saturday night, Ronald L. Jones, 23, was placing an infant inside a car on Norway Park when he was shot and killed, police authorities said. And about seven hours earlier, at 3:30 p.m., 16-year-old Kelmyne Jones was fatally shot during a territorial dispute between two groups of young people on the 200 block of Northland Avenue.

The recent violence brought the city’s tally of homicides for the year to 21. And considering that crime rates typically rise during the summer months, the city appears to be keeping pace with last year’s total number of homicides – 50.

But that’s not to say the pattern couldn’t change. The numbers of Buffalo homicide victims have dipped and risen the last few years, from 37 killings in 2008 to 60 in 2009.

The city’s five most recent homicides occurred in the last 16 days, though police officials are quick to point out that violent and other crimes have declined.

“The Buffalo Police Department has worked very hard to reduce all crime in recent years,” Buffalo Police spokesman Michael J. DeGeorge said. “But in the summer months, crime tends to spike all over the country.”

Up to 75 activists gathered in Niagara Square starting at noon Tuesday for an interfaith prayer circle that helped personalize the otherwise cold statistic of homicides, even as police investigators began the work of uncovering who was behind the latest violent crimes.

Much of the attention of those at the event went to Diamond J. Toler, who was gunned down in a drive-by shooting June 24 at East Ferry Street and Stevens Avenue. Another person shot in that attack survived.

Toler was buried one day before her 21st birthday, friends say.

“Look at the senseless violence,” said Marshay Miller, Toler’s childhood friend and organizer of Tuesday’s prayer circle. “This is a young lady who was minding her own business, and she’s gunned down. She probably never saw it coming. This is a young woman who wanted to do something with her life.

Activists and concerned citizens offered a variety of solutions to the violence Tuesday.

The Rev. Frederick A. Gelsey Sr., whose son Frederick was gunned down in December 2011, talked about teaching young people about the horrors of homicide, the same way many young people have been taught about the risks from AIDS and cigarettes.

“We need to educate about homicide,” Gelsey said. “We need to raise them up as young kids, knowing homicide is bad. It’s too late once they’re of age, out on the streets.”

Morgan Dunbar of Buffalo Save the Kids, a group whose mission is to empower the community by educating people about the underlying oppressions that cause poverty and crime, echoed the pastor’s emphasis on the youth.

“Basically, kids are carrying guns and knives, and they’re ready to defend their dignity and respect in the streets,” Dunbar said. “They’re seeing other young people who are struggling the same way with poverty and abuse at home or alcoholism in the family. They’re dealing with the same things. But their anger is being misdirected toward other people with the same conflicts.”

Samuel A. Herbert, a longtime city activist, took another tack, imploring the Niagara Square crowd to take action by cooperating with police in homicide investigations.

“It is hip to snitch, when kids are killing kids and then coming back to the community to brag about it,” he said. “Black folks know who did it, and they aren’t saying anything about it. That has to stop. It is hip to snitch.”

Details about motives and suspects in the recent crimes were scant. Speaking broadly about crimes of this nature, DeGeorge said, “Most of the incidents, including the recent ones, are not random. They are targeted.”

Police did give a description of the gunman in the Tuesday afternoon shooting at Fillmore and Rodney: a heavyset black male with dreadlocks, wearing shorts and a black T-shirt.

Anyone with information on any of the recent shootings is asked to call or text the department’s anonymous hotline at 847-2255.

email: gwarner@buffnews.com hglick@buffnews.com

Niagara Falls man accused of stealing and selling his neighbor’s property

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NIAGARA FALLS – An Ashland Avenue man was arrested for allegedly stealing metal items from people’s yards and storage garages, and selling them to scrap yards.

Christopher Harris, 34, was arraigned in City Court for his alleged role in multiple thefts over the past four months on charges of third-degree criminal trespassing, second-degree forgery, third- and fourth-degree criminal possession of stolen property, two counts of third-degree grand larceny, two counts of fourth-degree grand larceny and second-degree criminal mischief. He was remanded to Niagara County Jail on $41,500 bail. A return date was set for Friday.

Thefts or trespassing were reported April 14; two cases June 9; and a fourth case June 25, all from one location in the 1900 block of New Jersey Avenue, and additional charges of forgery and possession of stolen property for claiming the stolen items at a scrap yard on Lockport Road.

“He was renting a garage bay on New Jersey Avenue, where there were multiple tenants, and supposedly he was going into other bays, and the property around there, and scrapping other people’s property,” said Detective Michael Drake.

Drake said the scrap yards have records of him dropping stuff off. The property owners were able to track down their stolen items.

“On New Jersey, they kind of knew it was him. He took over one of the bays for business, and all of sudden people’s stuff goes missing,” Drake said.

email: nfischer@buffnews.com

Hartland man denies role in home, store burglaries

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LOCKPORT – A Hartland man pleaded not guilty Tuesday in State Supreme Court to an indictment accusing him of burglarizing two homes and a convenience store.

James W. Kohl, 33, of Orangeport Road, denied two counts each of second-degree burglary and third- and fourth-degree grand larceny, along with third-degree burglary and third- and fourth-degree criminal possession of stolen property.

Kohl is accused of an April 23 break-in at a home on Lake Avenue in the Town of Lockport in which a large amount of jewelry was stolen. He allegedly tried to sell it April 24 and 25 at two stores in downtown Lockport.

Kohl also is charged with stealing a safe, which contained a credit card, from a home on Ridge Road in Hartland on Feb. 19, and with taking more than $1,000 in merchandise from the Yellow Goose store on Rochester Road in Royalton on the night of Dec. 21-22.

Michael A. Smith, 25, of Washburn Street, Lockport, was indicted on charges of second-degree burglary and third-degree grand larceny in the Lake Avenue burglary but has not yet been arraigned.



Lockport woman sent to prison’s drug treatment facility

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LOCKPORT – A Lockport woman is headed for the state prison system’s secure drug treatment facility after pleading guilty Tuesday in Niagara County Court.

Judge Sara Sheldon Farkas said Paula C. McElwain, 39, of LaGrange Street, “has profound mental health issues and substance abuse issues.”

The program at Willard Correctional Facility offers parole after 90 days, but if the inmate washes out of the program, he or she must serve a sentence in a regular cell. In McElwain’s case, that could be between 18 months and four years.

McElwain, a second-time felon who said she failed in a civilian drug rehabilitation program, pleaded guilty to fifth-degree criminal sale of a controlled substance for having sold cocaine in Lockport on Dec. 12, 2011. She is to be sentenced Sept. 26.

Diversion program offered in theft from father

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LOCKPORT – A former Royalton woman, whose record includes federal and local drug-related convictions, pleaded guilty Thursday to stealing her father’s credit card in February.

Lexie T. Quagliano, 29, who said she is now homeless, was placed in the judicial diversion program of court-supervised drug treatment by Niagara County Judge Sara Sheldon Farkas. Quagliano will be taken directly from the County Jail to an inpatient treatment facility.

Quagliano, who admitted to fourth-degree grand larceny, said she has been through five drug rehabilitation efforts. In June 2012, Farkas gave her a year in prison for selling Suboxone in the Town of Lockport in 2011. In 2009, she had admitted to a federal charge of fraudulently obtaining painkillers.

If Quagliano succeeds in treatment, her plea will be reduced to a misdemeanor with a probation sentence. If she fails, she faces up to four years in state prison.

Judge cites drug problem in handing out prison term

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LOCKPORT – State Supreme Court Justice Richard C. Kloch Sr. noted that the arresting officer called drug dealer Kevin P. Fuller “a train wreck,” and the judge agreed Thursday as he sentenced Fuller to two years in prison and a year of post-release supervision.

Fuller, 35, of Wheatfield Street, North Tonawanda, had pleaded guilty to fifth-degree criminal sale of a controlled substance for selling cocaine to a police informant in North Tonawanda on Sept. 7.

Assistant Public Defender Michael E. Benedict said Fuller has a serious drug abuse problem.

“You won’t get help on the outside. You’ll probably keep going until you kill yourself,” Kloch told Fuller.

Falls man indicted in armed home invasion

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LOCKPORT – Eddie Robinson, 21, of 17th Street, Niagara Falls, was arraigned Wednesday in Niagara County Court on an indictment charging him with an armed home invasion.

According to Deputy District Attorney Doreen M. Hoffmann, Robinson has a prior felony weapons possession conviction and faces two bail-jumping charges in Niagara Falls City Court. He was held in lieu of $75,000 bail.

Robinson, who pleaded not guilty to first-degree burglary and first-degree robbery, is accused of pistol-whipping two people during the March 19 attack.

Facing deportation, ex-restaurauteur seeks to withdraw guilty plea

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LOCKPORT – Filippo Inglima, the former Buffalo and Lewiston restaurant owner who is to be deported to Italy after pleading guilty to second-degree sexual abuse, sought Tuesday to be allowed to withdraw that plea.

His new attorney, Andrew C. LoTempio, argued that Inglima wasn’t properly warned that his guilty plea would mean automatic deportation. LoTempio said Inglima doesn’t read or write English.

The topic was brought up when Inglima, 46, of Wheatfield, pleaded guilty March 18. But LoTempio said his reading of the transcript indicates that it was mentioned at the end rather than up front, before the plea was entered.

Assistant District Attorney Robert A. Zucco said the deportation was no secret, having been discussed with Inglima and his former attorney, Mark D. Grossman, for more than a year. He produced a transcript of a bail hearing in U.S. District Court on Oct. 11 in which deportation was mentioned.

LoTempio said that record wouldn’t be part of any appellate review in the sex case. Niagara County Judge Sara Sheldon Farkas said more research is needed and put off Inglima’s sentencing date from July 18 to Aug. 1.

Woman’s body found in Niagara gorge

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NIAGARA FALLS - The body of a woman who went over the falls last weekend was recovered Wednesday afternoon, State Park Police said.

The woman’s body was found in an area near the Maid of the Mist facilities around 5 or 6 p.m., Maj. David Page said.

The woman, who was described by police as being from the area, was seen intentionally going into the water near Prospect Point on Saturday night.

Canadian man admits $18,000 scam

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A Canadian man pleaded guilty Friday to using fraudulent credit and gift cards to make $18,000 in purchases at stores in New York, Ohio and Pennsylvania.

Assistant U.S. Attorney John E. Rogowski said surveillance videos from many of the stores identified Taylor Vaughn Oliver, 28, as the person using the cards. Rogowski said law enforcement officers recovered about $10,000 in goods purchased with the fraudulently obtained gift cards from a storage unit.

Oliver’s plea is the result of an investigation by Immigration & Customs Enforcement, Homeland Security Investigations.

Falls woman gets three years for stabbing two men

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LOCKPORT – Three years in state prison and three years of post-release supervision was the sentence Friday for a Niagara Falls woman who stabbed two men last year.

Niagara County Judge Sara Sheldon Farkas imposed the sentence on Amanda M. Henry, 28, of Ferry Avenue, who had pleaded guilty to second-degree assault. The attacks occurred on Henry’s birthday, July 7, 2012, and she was intoxicated when she started a verbal altercation with them, attorneys said.

In another knifing case, Farkas assigned Shawnquilla N. Armstrong to three years’ probation, after she impressed the judge with her conduct during a nearly four-month interim probation stint.

“I really thought you were just a little girl thug, but you’re not,” Farkas told Armstrong, 20, of Ninth Street in the Falls. She pleaded guilty to third-degree assault after inflicting a C-shaped cut from the cheekbone to the jaw of her 19-year-old cousin with a razor blade on June 12, 2012.

Man, subdued by Taser, admits to violating probation for animal cruelty

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LOCKPORT – A man who was placed on probation last November for animal cruelty admitted violating its terms Friday, the day after a Niagara County sheriff’s deputy zapped him with a Taser to stop his attempts to flee.

Jason E. Evrard, 28, of Walmore Road, is to be sentenced Aug. 2 by State Supreme Court Justice Richard C. Kloch Sr. He could receive up to four years in prison for aggravated cruelty to animals.

The charge stems from a May 10, 2012 incident, in which Evrard slammed his grandmother’s Lhasa Apso dog to the floor after the dog killed a kitten belonging to Evrard’s house cat. The dog suffered a fractured pelvis.

Evrard, who said he hadn’t taken a court-mandated anger management course because he couldn’t afford the fees, was arrested about 12:35 a.m. Thursday outside a house at Steig and Errick roads in Wheatfield. Deputy Ben Eodice saw him bicycling while wearing dark clothing and a backpack, and Evrard wouldn’t stop when ordered to do so, Eodice reported.

After a car and foot chase, Eodice fired his Taser and charged Evrard with resisting arrest and trespass.

Judge bars SPCA from halting service in Falls

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LOCKPORT – State Supreme Court Justice Richard C. Kloch Sr. signed an order Friday barring the SPCA of Niagara from carrying out its plan to cease dog control services in the City of Niagara Falls as of Monday.

The SPCA had announced Thursday that it would shut down the service because talks on a new contract with the city were going nowhere and the service was costing the agency far more than the $6,960 per month that the city has been paying since 2009.

The city, which has no dog control officer and no alternative arrangement for housing strays, promptly went to court, seeking a temporary restraining order, and Kloch granted it. He scheduled a hearing on the dispute for 10 a.m. Thursday in his Lockport courtroom.

The city claims that the SPCA needed to give it 30 days’ notice before terminating the contract. The SPCA contends that the city dragged its feet on negotiations and wanted the SPCA to increase services without charging more.

18-year-old critically injured in drive-by shooting

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An 18-year-old Buffalo man was critically injured in an apparent drive-by shooting Friday afternoon, police said. The shooting occurred at Edison Avenue and Weston Avenue, just blocks from the Sun Street home where another young man was found dead Tuesday morning.

Friday’s shooting, the latest in a string of recent violent incidents on the city’s East Side, occurred at around 3:15 p.m., police said. The injured man, whose identity has not been released, was rushed to ECMC, where he was in critical condition Friday night.

Homicide detectives were called to the scene and determined that the shooting was most likely a drive-by, police authorities said.

Late Monday night, 20-year-old Raymond Carmichael of Northumberland Avenue was killed by a shotgun blast in the Langfield Housing Projects just north of where Friday’s incident occurred.

Anyone with information on either incident is asked to call or text the police department’s confidential TIP-CALL line at 847-2255 or submit information via the “Report a Tip” function on the department’s website, www.bpdny.org.
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