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Buffalo man imprisoned in designer jean theft from Saks

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LOCKPORT – A 57-year-old Buffalo man with a long criminal record was sentenced Friday to one to three years in state prison for taking part in the Aug. 13 theft of more than $1,000 worth of expensive designer jeans from the Saks Off 5th store in the Fashion Outlets, Town of Niagara.

Derrick M. Nailor of Simon Street, who pleaded guilty to fourth-degree grand larceny, told Niagara County Judge Matthew J. Murphy III, “I don’t know how long this is going to take, but this is the last ride. I’m too old and too tired.”

Murphy replied, “Insanity is doing the same thing over and over and expecting a different result. This shoplifting thing is not working out. You keep getting caught.”

Nailor was one of four people who emptied a rack of jeans into garbage bags and ran for the exits. The only other person caught, an 18-year-old Buffalo woman, was granted youthful offender status March 10 and placed on three years’ probation.

Lockport man pleads guilty to sharing child porn

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LOCKPORT – A City of Lockport man pleaded guilty Friday in Niagara County Court to sharing pornographic videos of children online with people who turned out to be FBI agents.

Floyd R. Huntington, 31, of Oakhurst Street, could be sentenced to as long as seven years in prison when he returns before County Judge Matthew J. Murphy III June 6 to be sentenced for promoting a sexual performance by a child as a sexually motivated felony.

Assistant District Attorney Elizabeth R. Donatello said the Buffalo Cyber Crimes Task Force was monitoring Huntington’s computer from 2010 through February 2011 and downloaded child porn from it. In March 2011, they obtained a search warrant, seized his computer and peripherals and came up with more porn, although Huntington wasn’t actually charged until last November.

Donatello said that in 2011, Huntington told the agents that he’d been downloading and trading child porn for about five years.

Fire causes $10,000 in damages to vacant Old First Ward factory

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A Friday afternoon fire caused $10,000 damage at a vacant four-story factory building at 59 Chicago St. in the Old First Ward.

Fire crews were called out at 2:32 p.m. The cause remains under investigation.

No injuries were reported.

Amherst man gets probation for filing false federal tax claims

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Marc Walker, a 53-year-old Amherst man was spared a prison term Friday for filing false federal income tax claims but Chief U.S. District Judge William M. Skretny ordered him to make restitution to the Internal Revenue Service of $23,694. He also was placed on probation for two years.

Assistant U.S. Attorney John E. Rogowski said that for the tax years 2007 through 2011, Walker, then employed by American Airlines, filed fraudulent tax returns claiming he was entitled to total refunds of more than $46,000; he received refunds of $23,694 for those years.

The criminal case developed because Walker submitted fake W-2 forms to an auditor reviewing a business venture Walker operated while working for the airline. But the authorities ultimately obtained the true W-2 forms the airline gave Walker and he became the subject of a criminal investigation that led to his conviction.

Former head of Newfane food pantry charged with stealing funds

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LOCKPORT – The former director of the Migrant Ministry Food Pantry of Newfane’s First Baptist Church was arrested by the Criminal Investigations Bureau of the Niagara County Sheriff’s office Friday for allegedly stealing what was described as “a large amount of funds” from the church operation.

Ofelia Carmona, 53, of Appleton, was released on her own recognizance following her arraignment before Newfane Town Justice Bruce Barnes Friday afternoon on first-degree scheme to defraud and third-degree grand larceny charges. Investigators said Carmona was responsible for the management of the food pantry funds.

She faces further court proceedings April 8.

Ontario man arrested for trying to sneak meth across Rainbow Bridge

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NIAGARA FALLS – A 21-year-old Ontario man was arrested Thursday for allegedly trying to sneak more than five pounds of methamphetamine into Canada over the Rainbow Bridge, U.S. Customs and Border Protection agents reported.

Karone Johnson, of Thorold, was arrested because, during a random inspection of his car at the bridge, agents found the speaker system of his car looked questionable. An inspection found that five packages of what later proved to be methamphetamines had been hidden inside the speaker system. Johnson was turned over the Homeland Security investigators for prosecution.

Man shot on Jefferson near East Utica

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A man was shot at about 7 p.m. Friday on Jefferson Avenue near East Utica Street, Buffalo police reported.

The man, whose name has not been released, was taken to Erie County Medical Center for treatment of what were described as non-life-threatening injuries.

Police were searching the neighborhood for a man who allegedly had been wearing a ski mask.

Delano missing from Cheektowaga town bench

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Dennis A. Delano hasn’t been on the job as Cheektowaga town justice since Feb. 25 for unknown reasons, and town officials are trying to find out how long he will be out so they can determine if someone is needed to fill in for him.

Town officials learned through Delano’s court clerk that he will be out for an undetermined period of time, according to Council Member Diane Benczkowski and Council Member Jerry Kaminski, who head the Town Board’s Committee on Police and Courts.

Kaminski has tried to reach Delano to determine how long he will be absent from court and why, Benczkowski said, but Kaminski has received no response.

“We want him to let us know why he’s out and how long he will be out, whether it will be months, weeks or another day,” she said. “We need to know so we can plan.”

She added that if his absence is long term, the town can hire another justice to fill in until he returns.

“We understand that people sometimes have personal issues, and we are compassionate. But we just want to know how long he will be out,” she said.

The Buffalo News left a message with Delano’s clerk, seeking his comment, but he did not respond.

In the meantime, Supervisor Mary Holtz has asked Administrative Judge Paula L. Feroleto of the Eighth Judicial District of State Supreme Court what the town can do about Delano’s absence.

Feroleto said she received a call from Holtz about the situation. She said she understands that the other Cheektowaga town justice, Paul S. Piotrowski, has indicated he can handle the full court calendar for now.

She said she told town officials that if they reach a point where Piotrowski can no long handle the court calendar by himself, they should submit a formal request in writing for help, and she will appoint another town or village judge to assist on a temporary basis.

She said the town would be responsible for paying the temporary judge on a per diem basis.

Feroleto said she has had to appoint temporary judges to fill in about a half-dozen times during her four years as administrative judge.

If the town has to hire a temporary judge to fill in for Delano, Benczkowski said that would be an extra expense.

“We would have to find extra dollars,” she said.

She said she is concerned that with Delano’s absence, the town may see a reduction in its revenue from court cases.

“Traffic court generates tens of thousands of dollars a week in fines, and we may lose it,” she said.

She also is worried that some of Delano’s court cases will have to be dismissed if they are not handled within legal time limits.

She also expressed concern for public safety.

“Criminals and drug dealers may still be walking the streets because we can’t arraign them” in a timely manner, she said.

In the meantime, she said Delano continues to receive his annual salary of $74,960, “whether he is on the job or not.”

“He is a public servant,” she said. “He needs to answer to the taxpayers.”

Benczkowski said the Town Board cannot order Delano to return to work.

“The Town Board is not his boss,” she said. “The taxpayers and voters are his boss.”

Delano, a retired Buffalo police detective elected to a four-year term as town justice in November 2010, has not said if he will run for re-election this year.

Former Erie County Executive Dennis Gorski has indicated he will run for town justice and will challenge Delano in the September Democratic primary.

Piotrowski said he has been working double duty, handling Delano’s cases and his own.

He said he has informed the Town Board he doesn’t need help at this point.

“I feel sufficiently strong enough to continue,” he said. “I will keep them informed of how I’m doing.”

He said he may eventually request relief, “depending how long this continues.”

email: jstaas@buffnews.com

Mongielo gets ‘last chance’ for an appeal

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LOCKPORT – David J. Mongielo, the auto repair shop owner who faces a 10-day jail term for violating the Town of Lockport’s law against flashing signs, will be allowed to present his appeal despite mistakes by his attorney.

Even though court precedents would have justified throwing out Mongielo’s appeal and sending him to jail because of paperwork errors by defense attorney Frank T. Housh, Niagara County Judge Matthew J. Murphy said Friday, “True justice will be served only by permitting the defendant to have the appeal on his underlying conviction heard on the merits.”

Murphy gave Housh until 4 p.m. next Friday “to file a proper notice of appeal.” After that, Housh will have until May 2 to submit an accompanying legal brief. Town Prosecutor Bradley D. Marble will have until June 6 to write a response, and the appeal will be argued before Murphy at 3 p.m. June 12. The stay of the 10-day sentence was extended to that date.

On Jan. 21, Town Justice Leonard G. Tilney Jr. sentenced Mongielo to 10 days in jail for violating a conditional discharge on his original 2010 sign ordinance conviction.

The town’s law bans signs that change “format” more than once every 10 minutes. Mongielo, a political opponent of the town’s ruling Republicans who has run unsuccessfully for town supervisor twice, was cited for illegal use of the LED signboard in front of his Robinson Road store in 2010.

After then-Justice Raymond E. Schilling convicted him in a nonjury trial and imposed a one-year conditional discharge, Mongielo was cited again for using the signboard Aug. 25, 2011, during the one-year discharge period.

Last May 29, Schilling convicted Mongielo of violating the conditional discharge but did not resentence Mongielo before his term in office ran out Dec. 31. Schilling was waiting for the jury trial Murphy ordered on the second violation, but on Jan. 21 Tilney, who took over the case, dismissed the second citation and sentenced Mongielo to 10 days behind bars for violating the conditional discharge.

The next day, Housh got Murphy to impose a four-month stay of the sentence pending appeal, but Housh made three errors after that: he didn’t file a notice of appeal with the court clerk, instead sending it to the town clerk; he didn’t file two copies, as required by law; and he didn’t serve the notice of appeal on Marble.

Appellate courts have ruled any of those mistakes is reason for throwing out an appeal, but Murphy chose not to do so.

email: tprohaska@buffnews.com

Contractor accused of planting camera in woman’s shower

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A contractor hid a camera inside a customer’s bathroom to record video of her while she showered, Amherst police said Saturday.

Kevin R. Eckert, 60, was arrested Saturday at his home on Tonawanda Creek Road in the Town of Lockport by Amherst Detective Robert Cunningham and charged with two counts of second-degree unlawful surveillance, which is a felony.

Eckert also faces misdemeanor stalking charges.

The North Amherst woman, who is in her 30s, was stepping out of the shower early Friday morning when she noticed something peculiar, said Amherst Detective Lt. Rick Walter.

“As she got out of the shower, she happens to look down at the air return vent at the base of the vanity on the floor and notices a lens,” Walter said. “She gets her husband, they take off the grill, find the camera and call police.”

“The suspect had actually placed there what’s commonly referred to as a trail camera,” Walter said. “It’s very popular for deer hunters because it’s motion activated. So whenever she would get in the shower, it would activate.”

Police went to Eckert’s home Saturday morning to interview him and execute a search warrant signed by Amherst Town Justice Kara Buscaglia.

“We did recover some items we’re interested in,” Walter said.

Walter would not comment on how long the camera was hidden in the vent, but said the family has hired Eckert numerous times to do odd jobs around the house.

“He was kind of a guy that worked by word of mouth,” Walter said. “He did pretty good business.”

Did Eckert spy on other customers?

“We’re looking into that possibility,” Walter said, “but at this point, it’s only a possibility that there may be more.”

Anyone who hired Eckert in the past and believes he acted suspiciously when in their home is asked to call Amherst police at 689-1343.

email: jrey@buffenws.com

Wounded store employee in good condition

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A store employee shot Friday night on Jefferson Avenue was listed in good condition Saturday at Erie County Medical Center, Buffalo police reported.

The shooting occurred at about 7 p.m. in the 1300 block of Jefferson Avenue, near East Utica, when the gunman attempted to enter the store and shot the 58-year-old employee, police said, The gunman was wearing a ski mask,

Anyone with information is asked to call or text the Police at 847-2255.

Niagara County fires back on Mount View lawsuit

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LOCKPORT – Niagara County Attorney Claude A. Joerg moved last week to dismiss a lawsuit that attempted to invalidate the county’s sale of its former nursing home, which closed at the end of 2007.

Briarwood Manor, a potential competitor of the new assisted-living home that has been approved for the former Mount View Health Facility, brought suit in January to try to stop the $550,000 sale of the five-story building to David M. Tosetto of Youngstown.

Briarwood Manor is a 160-bed assisted living facility located on Lincoln Avenue in Lockport.

Briarwood’s attorney, Guy J. Agostinelli, asserted that the county needed to hold public bidding on the property, instead of listing it with a real estate broker, as the county did.

Joerg said in his reply brief filed in State Supreme Court that the law requires “public advertisement,” and that’s what the county had done in listing the property in 2008. In June 2012, Tosetto made the first offer the county had received.

The applicable law, Section 215-6 of the County Law, says in full, “Such property may be sold or leased only to the highest responsible bidder after public advertisement.”

Last summer, the county was going to reduce Tosetto’s price to $196,000 because of the expense of removing asbestos from the former nursing home, built as a tuberculosis sanitarium in 1939.

However, after Agostinelli objected in a letter to the county Aug. 3 and made a $300,000 purchase offer on behalf of Briarwood Manor, the County Legislature decided to make Tosetto pay the original $550,000 price.

The deal was approved by the Legislature Sept. 17.

Tosetto said this week he has received all the state Health Department approvals he needs, but the lawsuit is delaying work on interior renovations at the building off Upper Mountain Road in the Town of Lockport.

Asked when the work on his new 150-bed assisted living facility is to begin, Tosetto said, “Literally, as soon as this is resolved.”

He said the work will take five months, so if the county gets a positive ruling from Justice Ralph A. Boniello III April 16, the new facility could open in September.

Joerg said in his legal papers that Agostinelli is using the wrong section of state law to make a case against the sale, and he had already missed the deadline to file for the correct section.

Joerg said the four-month statute of limitations expired in November 2012, because the Legislature approved Tosetto’s offer, pending asbestos studies, in July 2012.

The Jan. 17 filing date for the lawsuit, however, came exactly four months after the deal’s final approval.

Agostinelli could not be reached for comment.

email: tprohaska@buffnews.com

Falls car break-in suspect also faces drug charges

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NIAGARA FALLS – A Willow Avenue man faces several charges after breaking into a car early Friday in the Tops Market parking lot on Portage Road, police said.

Kenneth Howell, 27, was charged with petit larceny and other charges and police said he had outstanding arrest warrants from the city Town of Lewiston. Howell also was charged with unlawful possession of marijuana and seventh-degree criminal possession of a controlled substance, police said.

Police said the victim left his car running at 6:10 a.m. while delivering newspapers and, upon returning minutes later, spotted the suspect walking away, police said. Music on his stereo had been changed and the interior of the car was ransacked, police said.

Woman, 21, punched repeatedly in altercation at Falls bar

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NIAGARA FALLS – A 21-year-old woman was injured early Saturday after being attacked at a Highland Avenue nightspot, police said.

The victim told police she was in Elk’s Sunset Lodge about 2:30 a.m. when a man fought with her in the bar, then in the parking lot, police said. The victim, police added, said he was assaulted “like a dude,” and punched repeatedly.

She was treated for what were described as minor injuries.

Chief Deputy Beatty earns top honor from state sheriffs for career achievement

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LOCKPORT – Niagara County Sheriff’s Chief Administrative Deputy Thomas C. Beatty is known for working behind the scenes to get things done. But he recently found himself in the spotlight as he received the state’s top award for career achievement.

Sheriff James R. Voutour, who nominated Beatty for the Carl Draxler Award, said that it is the most prestigious honor bestowed by the New York State Sheriffs’ Association.

The award, in memory of Chemung County Sheriff Carl F. Draxler, honors “exceptional career achievement and conscientious devotion to duty which have demonstrated a spirit of public service.”

“There were many, many applicants, and Tom was selected over them,” Voutour said. “It’s the most prestigious award because it’s given out for outstanding effort. When you talk about 58 sheriff’s offices in New York State – to have one person stand out, it’s pretty impressive.”

Beatty, 57, has been with the department for 36 years, serving under four sheriffs. As administrative chief he also serves as the liaison to the Niagara County Legislature, where his recommendations have led to legislative actions and economies that have saved taxpayer money.

His lengthy tenure has made him the go-to guy on almost every topic, according to Voutour. He said the oft-heard refrain around the Sheriff’s Office is, “Ask Chief Beatty, he’ll know.” And he does, Voutour said.

“He such a dedicated worker. He studies everything and knows every regulation we have to follow. All those different standards, he knows by heart. He’s a very humble, low-key guy,” Voutour said.

“The work that Tom does is very important for the entire county,” said County Legislator David E. Godfrey, R-Wilson, who is the community safety and security liaison. “The money Tom brings in in grants is probably in excess of $10 million, and that’s a tremendous effort and savings to the taxpayer.”

Among the Sheriff’s Office initiatives that Beatty is credited with presenting to county legislators is one to save money by fighting welfare fraud, which yielded hundreds of thousands of dollars in savings. He also obtained at no cost to taxpayers a $360,000 state-of-the-art mobile command post.

Most important, Voutour said, was $2 million in grant money he obtained for the $10 million 911 center, which would give the county one dispatch center serving the entire county.

“That’s $2 million that the Legislature didn’t have to bond for that program,” Voutour said. “And we got a second round of $750,000, which allowed us to merge the North Tonawanda Police Department into our dispatch – a big savings for us and the North Tonawanda Police Department.”

Godfrey said Beatty also has been responsible for the Sheriff’s Office receiving “literally every accreditation.”

“Accreditation is very important, and the Niagara County Legislature is proud of Tom and the sheriff and all his men and women for achieving that,” Godfrey said.

“There’s not many in the state that can say they’ve got 100 percent accreditation.”

Beatty earned an associate’s degree from Niagara County Community College and a bachelor’s degree in criminal justice from Niagara University. He graduated from the Niagara County Law Enforcement Academy.

In 1986, he was promoted to captain, and in 2009, he was named chief deputy, the third-highest position in the department.

Beatty has received a number of individual honors, including the Niagara County Sheriff’s Distinguished Service Award for outstanding service and dedication, and the department’s Craig C. Harmon Award for commitment to excellence to duty, family, community and co-workers. He also was the first recipient of the New York State Division of Criminal Justice Services John Kimball O’Neill Certificate of Achievement for dedication and professionalism displayed in managing complex program files for successful reaccreditation.

Voutour said Beatty has never been interested in personal acclaim. But he said law enforcement and the quality of life for the people in Niagara County have been enhanced because of Beatty’s professional abilities and personal qualities.

He’ll also give you the shirt off your back – or in this case the sport coat, his co-workers say.

Chief Operational Deputy Steven C. Preisch said that after left the Air Force and returned home, he was working two jobs while attending NCCC taking criminal justice.

“I applied for a scholarship, and I ended up receiving it. (Beatty) said there will be a picture. ‘I want you to cut your hair and wear a sport coat,’ he said. I told him I didn’t own one,” said Preisch, who was helping to support his mother at that time, as well.

“He gave me his address and said for me to come over to his house. The sport coat I am wearing in the picture is actually his.”

Voutour said Beatty played a big role in his career, too.

He said that after the death of Sheriff’s Deputy Jeffrey A. Incardona in 1993, he was encouraged by Beatty, who was a captain at the time, to leave his job with the Jamestown Police Department and return to the area to fill the open position.

Voutour said that at first he said no, but Beatty insisted.

“I finally listened to him and came back here as a sheriff’s deputy in 1993,” the sheriff said.

“Then I had the opportunity, when I became sheriff, to appoint the person who recruited me to chief deputy. It was kind of nice how that worked in 20 years.”

email: nfischer@buffnews.com

Amherst police question person of interest in threats to schoolchildren

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A person of interest has been identified in three recent incidents of a suspicious man approaching girls walking home from school, Amherst police said Saturday.

Police said that charges were not lodged after the man, who had asked schoolchildren if they wanted a ride, was interviewed.

Parents were advised to be on the lookout for red car driven by a man described as white, between 40 and 50 years old and wearing flannel pajamas and red glasses. One of the incidents occurred about 4 p.m. Thursday near Cherrywood and Birchwood drives as girls were walking home from Heim Middle school, police said.

Amherst Police Lt. Patrick Lucey said the investigation is continuing and tips can be forwarded to Amherst police at 689-1311.

2014 Niagara Falls police budget includes funds for SWAT vehicle

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NIAGARA FALLS – The Niagara Falls Police Department’s 19-member Emergency Response Team, also known as ERT or SWAT, are the city’s elite – a highly trained unit called upon regularly to handle potentially volatile situations.

But Police Superintendent E. Bryan DalPorto says they were lacking the proper equipment, which must be updated on a regular basis. Most importantly, they needed an armored vehicle.

“They are called in primarily for narcotics, high-risk raids,” DalPorto said. “They are called in for hostage situations – which happens more often than you think – any type of barricaded building or if we are unfortunate to have an active shooter. They are specially trained and equipped to handle emergency situations.”

DalPorto said the Niagara Falls unit is one of the busiest teams in Western New York and added, “In my opinion they are the best.”

The commander of the ERT unit is Capt. David LeGault and the deputy commander is Lt. David Cook.

“It also incorporates two snipers – if we need them,” DalPorto added.

DalPorto said the department is constantly attempting to upgrade equipment to be prepared for these emergencies, but when the city was strapped for cash awaiting its casino revenue, it had to hold back on some needed updates.

“They work under such dangerous conditions. We want them, as a city, to have the most advanced equipment,” said DalPorto, noting that since the Falls is an international border crossing, it needs to be prepared for cases of terrorism at the bridges.

In the Police Department’s 2014 capital budget, more than $400,000 will be spent on upgrading the unit, including new bulletproof tactical vests and a $250,000 specially outfitted armored vehicle, which has been ordered and will arrive in eight months to a year.

DalPorto said this will be the city’s first armored SWAT vehicle. Up until now, the department has had to rely on the Niagara County Sheriff’s Office, which is a half-hour drive away.

“These situations are fluid and if we need this at the bridge or at a school, half an hour doesn’t cut it for us,” he said.

DalPorto said the shelf life on a SWAT vehicle is 15 to 20 years.

He said the department is well trained and an experienced ERT is already called upon to assist other communities in Erie and Niagara counties, as well as the Drug Enforcement Agency and Federal Bureau of Investigation.

“It’s really long overdue,” DalPorto said of the new vehicle. “Certainly with the volume of work these guys do, we probably should have had one long ago and didn’t want to take chances by not having one. It’s really a safety factor for the officers and the community.”

Cook said the standard armored SWAT vehicle, which includes armored windows, also will offer protection from improvised explosive devices and will have the capacity to detect for explosive gas and radiation, as well as a detachable ram unit, which will assist in reaching doors.

“In different situations – when someone is threatening to shoot you – you can get to the front of the house,” Cook said of the vehicle.

LeGault said there have been a number of situations where officers wish they had had an armored SWAT vehicle.

“Three years ago, we had a guy who said he had a bomb strapped to his body and he ended up putting himself in the trunk of a car,” he said. “It was very difficult to negotiate with this guy because he did threaten to have a bomb, but we needed to be close to him,” LeGault said of negotiations. “We reached out to the sheriff department and they did bring out their truck. It ended up with a peaceful resolution, but we don’t know how it would have ended up had we not had that truck.”

LeGault said that last year, shots were fired at officers and citizens at a large gathering in a city nightclub. He said the people being shot at, both police and citizens, were pinned down until they could fully evacuate.

“In a similar situation, we would have that truck available where we could get over to them and get them out much more safely,” LeGault said.

He said that in a past hostage situation, the unit had to get a mother and a child out of a house, but had to put them into harm’s way to lead them away from the house.

“If we had this vehicle available to us, we could have driven right up to the point where the people were at and then driven them out, to safely get them out of there,” LeGault said. “There’s an awful lot of applications and we will be using it more and more.”

The new ballistic tactical vests for ERT and narcotics officers, who also execute search warrants and quick entries, are upgraded vests with more protection for the arms, shoulder, groin and throat.

In addition, they have purchased a hostage-negotiation phone, which is more durable and advanced than a cellphone, and can be thrown through a door or window where a person is barricaded, allowing police immediate contact.

Other new items being purchased for use by the detective bureau are an updated lie detection system and new facial recognition software.

“When you see those obscure pictures on the news where nobody can make out the face – this has a database of facial recognition features and we are better able to put together suspects from those pictures,” DalPorto said of the new software.

He said the department also will purchase an explosive/gunshot residue tester, a handheld device that immediately detects gunshot or gunpowder residue in an area or on a person.

“They don’t come cheap,” DalPorto said of the new high-tech equipment. “But to make a safer community, that’s the price you pay and we will do anything we can to combat crime.”

email: nfischer@buffnews.com

Three injured in Orchard Park house fire

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Three people were injured in a house fire this morning in Orchard Park, police reported.

The fire at 5242 Big Tree Road, near Abbott Road, was reported shortly before 5 a.m. A neighbor told police someone was banging on his door, asking him to call 911.

Three occupants of the burning house were taken to a local hospital for treatment of unspecified injuries related to the fire. Their names and conditions weren’t released by police.

Police said the house is a total loss; the preliminary damage estimate was $150,000. Firefighters from Orchard Park, Hillcrest, Windom, Armor and Scranton fire companies responded to the alarm.

The cause of the fire is under investigation by Orchard Park police and the Erie County Sheriff’s Office.

Child dies in Fillmore Avenue fire

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A child died in a pre-dawn fire at a house on Fillmore Avenue in Buffalo.

The fire at 1400 Fillmore, at Woeppel Street, was reported at 6:56 a.m., according to Buffalo fire dispatch. Firefighters were ordered out of the 2 1/2-story building at one point because of dangerous conditions inside.

A victim was brought out of the building, a dispatcher said; further information wasn’t immediately available. Authorities would not immediately release any more information, but comments on the police scanner indicated the victim was 7 years old.

Walter Griffin was reporting for work early Sunday at nearby Mattie’s Restaurant, where he’s a cook, and saw police and firefighters arriving at the scene.

“It must’ve just started a few minutes before I got here,” Griffin said. “The fire was coming from the second floor ... coming out of the windows.”

Other employees and customers at the popular Fillmore Avenue restaurant said they were aware that several children lived in the house; they had seen them at the school bus stop. It’s believed the family had been living there only a couple of months.

“So sad,” said one restaurant patron, echoing the comments of others.

Extensive fire damage is evident at the back of the building’s second floor. Only the front peaked wall of the attic remains.

Damage was estimated at $80,000 to the building and $40,000 to its contents.

Authorities had Fillmore blocked off from East Utica Street to Roeder Street this afternoon, with police cars stationed as far north as Winslow Avenue, as the investigation into the cause of the fire continued. At least one man was questioned in the back of a police car.

The Red Cross was called to assist two adults and three children, the dispatcher said.

The site of the fire is in a neighborhood with several vacant storefronts as well as some churches.

email: jhabuda@buffnews.com

Ex-Animal Planet host sentenced for lizard sale

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The former host of Animal Planet’s “Wild Recon” show has been sentenced to two years’ probation and 200 hours of community service in Los Angeles federal court after admitting to trying to sell two endangered Iranian desert monitor lizards without a permit.

City News Service reports Donald Schultz was also ordered to pay $9,000 in fines on Monday. In November he pleaded guilty to violating the Endangered Species Act as part of a deal with prosecutors.

Prosecutors say Schultz sold the rare lizards for $2,500 to an undercover federal wildlife agent who answered his 2010 offer on Facebook. A federal agent received the lizards in Buffaloand took them into custody.

On his now-canceled show, Schultz parachuted in to remote locations to take biological samples from deadly snakes and other dangerous animals.
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