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Driver in fatal crash on Kensington Expressway had refused to stop, NFTA says

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The driver of the car that plunged onto the inbound Kensington Expressway early Saturday morning had refused to stop for an NFTA police vehicle, whose officer had noticed the car and another vehicle drag racing on Main Street moments before the deadly crash.

The Niagara Frontier Transportation Authority police officer who tried to conduct a traffic stop gave up the effort when the BMW driven by Kevin W. Brown started driving even faster on Woodlawn Avenue, heading toward the Humboldt Parkway guardrail beside the expressway, authorities said.

Brown, 47, of nearby Winslow Avenue, crashed through the guardrail, and his car exploded into flames when it landed on its roof atop a concrete Jersey barrier separating the inbound and outbound lanes of the expressway shortly after 1:15 a.m. Brown died in the crash.

The NFTA patrol car was one of two transit police vehicles that inadvertently become involved in trying to stop the two racing vehicles, according to authorities.

Initially, the NFTA officers were responding to a call to break up a fight on East Utica Street near Main Street when the officers heard gunshots.

The officers headed in their police cars onto Main Street, where they saw the vehicles racing.

Investigators said they believe that Brown challenged the 19-year-old driver of the other vehicle – a Lexus – to race him.

One the fast-moving vehicles almost struck one of the patrol cars, according to NFTA spokesman C. Douglas Hartmayer.

“The officer in that police car turned on his lights and siren, made a U-turn, and started following the car that nearly struck the police car in an attempt to conduct a traffic stop,” Hartmayer said.

The other officer followed the second car, and at about the same time, the BMW turned onto East Ferry Street, then onto Otis Place and finally onto Woodlawn.

When Brown increased his acceleration on Woodlawn, the NFTA officer disengaged from trying to stop that vehicle, police said.

The other NFTA police car succeeded in stopping the Lexus, and that driver is expected to be charged once the Erie County District Attorney’s Office completes its review of the case. The second driver’s identity has not yet been released.

As of late Monday, the NFTA was still conducting an internal investigation of the police response, Hartmayer said.

“When all the facts are in, all the material will be reviewed, and any decisions that need to be made going forward will be made once all the information is reviewed,” Hartmayer said.

The NFTA investigation, he added, is being conducted in conjunction with the Buffalo Police Department’s Accident Investigation Unit, the lead agency in the crash review.

email: lmichel@buffnews.com

Batavia woman struck crossing Camp Road in Hamburg

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Police identified the woman struck while crossing Camp Road in Hamburg Monday night as Jacqueline Dotzler of Batavia,

She is in critical condition at Erie County Medical Center. Dotzler was struck by a car in the southbound lane of Camp Road about 9:30 p.m. Monday and was taken to ECMC with what police described as “very serious” injuries, including a head injury.

The southbound lanes of Camp Road remained closed to traffic south of Southwestern Boulevard while police investigated the accident.

The motorist who hit the pedestrian remained at the scene and was fully cooperating with police investigators.

No charges will be filed against the driver, Hamburg police said this morning.

Buffalo police get first dozen of new SUVs

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The first dozen of 49 new cruisers, Chevy Tahoes, took to the road today for the Buffalo Police Department.

These new vehicles begin the replacement of an aging fleet of patrol vehicles.

Chaplains for the police force blessed the black-and-white sport utility vehicles before they began their tour of duty on city streets this morning. Eventually, the city’s 180 patrol cars will be replaced with these highly visible Tahoes.

“The rest of the 49 Tahoes are either in transit or waiting to be shipped here and will hopefully arrive by mid-May,” Police Commissioner Daniel Derenda said. “We’re glad there here. We need them.”

The change from white-and-blue Ford police cars to the SUVs with the more traditional color scheme of black and white was done purposely, the commissioner added.

“People are familiar with black and white. The colors are universally recognized as patrol vehicle colors,” Derenda said. “We want our officers to be more visible and we believe this accomplishes that.”

“Public safety has always been a top priority of my administration and we believe these new vehicles that are more visible and modern will continue to accomplish that,” said Mayor Byron W. Brown, who attended the blessing of the vehicles at Buffalo Police Headquarters at Franklin and Church streets.

Rev. James Lewis, the senior master chaplain for the police department, officiated over the blessing.

3 Lockport residents indicted in pot case

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LOCKPORT – A Lockport couple and a friend were named in a marijuana indictment unsealed Tuesday in State Supreme Court.

David Manna, 46, of North Transit Street, pleaded not guilty to first-degree criminal sale and second- and fourth-degree possession of marijuana. His wife Deborah L. Manna, 45, and friend Clayton J. Kelkenberg, 33, both of the same address, are charged as accomplices to second-degree pot possession. Deborah Manna pleaded not guilty Tuesday and Kelkenberg is to be arraigned today.

Assistant District Attorney Peter M. Wydysh said David Manna allegedly sold 3.9 pounds of pot to a police informant in Hartland Oct. 30. That sale led to a search of an auto where the other two defendants were sitting, and another 1.9 pounds of pot was allegedly found there. A search at Manna’s workplace uncovered a small amount of pot as well, Wydysh said.

DNA connects serial felon to Cambria burglary

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LOCKPORT – Tedderick A. Gilmer, who is currently serving 7 1/2 years in state prison for burglary and cocaine possession, pleaded guilty Monday in Niagara County Court to a four-year-old burglary in Cambria, to which he was connected by DNA evidence.

Gilmer, 31, of Hastings Street, Buffalo, admitted to third-degree burglary and is to be sentenced June 23 by Judge Matthew J. Murphy III.

Assistant District Attorney Peter M. Wydysh said Gilmer’s DNA was found on a gun safe in a home on Human Road in Cambria, where two shotguns were reported missing in October 2010. Gilmer wasn’t charged until Feb. 24 of this year.

Gilmer’s criminal resume includes a four-year state prison term for a 2003 attempted robbery, as well as the current sentence, imposed in 2010.

Short jail term, probation for man who molested 13-year-old boy

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LOCKPORT – Six months in jail to begin six years on probation was the sentence Tuesday from Niagara County Judge Sara Sheldon Farkas for a man who drove a 13-year-old boy from Buffalo to Lockport and molested him July 14.

“I’m openly gay. I didn’t hide it from nobody,” said Dwight A. Lester, 40, of Lincoln Place, Lockport.

Lester, who said he was a foster parent for four or five years, had no prior criminal record. He pleaded guilty to first-degree unlawful imprisonment and attempted third-degree sexual abuse.

“He’s not attracted to children. He’s attracted to men,” said defense attorney Anthony J. Lana, who said the 13-year-old was 6 feet 3 inches tall and had “the characteristics of a man.”

Man takes felony plea in Lockport domestic violence case

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LOCKPORT – A former Lockport man, who faced a 17-count indictment for a series of domestic incidents, pleaded guilty to one felony count Tuesday before Niagara County Judge Matthew J. Murphy III, who scheduled sentencing for July 15.

Gregory J. Peterkin Jr., 28, of Linwood Avenue, Buffalo, admitted to first-degree criminal contempt for violating a restraining order by shoving a woman Oct. 6 in the Town of Lockport. He was living on Dysinger Road at the time. The indictment included charges from four separate incidents.

Former Lockport man draws 15 years for child sex abuse

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LOCKPORT – Despite an opinion from a psychologist that Andrew K. Peyatt presents “a low to moderate risk” of reoffending in the next four years, Niagara County Judge Sara Sheldon Farkas sentenced Peyatt to 15 years in prison and 15 years of post-release supervision for sex crimes against children.

Peyatt, 56, a former Lockport man now living in Bridgeport, W. Va., had pleaded guilty to attempted first-degree course of sexual conduct against a child, attempted first-degree criminal sexual act and attempt to disseminate indecent material to a minor.

He admitted to a series of incidents with a girl under age 11 in Lockport in 1996 and 1997; forcible sex with a woman during a visit to Lockport in the summer of 2012; and emailing a naked photo of himself to an underage girl in April 2013.

“We’re not dealing with a monster here. We’re dealing with someone who can be treated,” defense attorney Michael Seibert argued. But Farkas said Tuesday that Peyatt doesn’t recognize the severity of his crimes.

Man caught allegedly trying to steal a purse from a library patron

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NIAGARA FALLS – A 44-year-old woman stopped a man who tried to place his hand into her open purse while she sat at a table using a computer at 10:55 a.m. Monday in the Earl Brydges Library, 1425 Main St.

The suspect, Anthony Brinson, Jr., 58, of Center Avenue, was caught by police running in the area of the library after he had fled the building. Brinson was charged with petit larceny.

The victim said Brinson placed his hand into her open purse, with a towel or shirt over his hand, and was grabbing at the contents. She said she yelled at him and grabbed his hand in an attempt to remove his hand. Brinson had allegedly continued to pull at the purse contents, but then let go and fled out a rear exit.

Restaurant reports damage after a copper line is cut

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NIAGARA FALLS – The Ponderosa Restaurant, at 8612 Niagara Falls Boulevard, reported $700 in damage Monday after someone cut a copper line on the roof of the restaurant that is used to carry refrigerant to their ice makers.

The store employee said the damage includes the cost to repair the line and refill the lost refrigerant.

Police report that a suspect may have used an existing ladder which is part of the store structure to gain access to the roof.

A stop for speeding finds a cracked windshield and leads to drug arrests

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LOCKPORT – New York State Police stopped a vehicle on Fernwood Drive for speeding this past weekend, but after the stop troopers found a cracked windshield, an uninspected vehicle and ultimately marijuana and prescription narcotic pills.

The driver, Hope M. Manna, 18, of Lockport was charged on Saturday with driving while under the influence of drugs, unlawful possession of marijuana and vehicle and traffic violations.

Her passenger, Cedrick J. Luke, 18, also of Lockport was charged with seventh-degree criminal possession of a controlled substance.

Both were issued appearance tickets for Town of Lockport Court.

Suspected gasoline bomb found in the road in Cambria

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CAMBRIA – Niagara County sheriff’s deputies responded to a report of a burning gasoline bomb and a vehicle, possibly a maroon pickup that was seen speeding away from the area, around 1 a.m. Tuesday around Saunders Settlement and Diller roads.

Deputies were unable to locate the suspected vehicle, but did find a bottle in the road and a small burnt area on the roadway, which appeared to have been caused by a recently extinguished fire.

Deputies removed the bottle and again checked the area, but no suspects were located.

Last of the Almighty Latin King and Queen Nation gang pleads guilty

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Damone Holcombe, 28, the last of the five members of Buffalo’s former Almighty Latin King and Queen Nation street gang to be convicted, pleaded guilty Tuesday before U.S. Magistrate Judge Leslie G. Foschio to possession of a firearm by an unlawful user of a controlled substance.

U.S. Attorney William J. Hochul, Jr., said the Grant Street resident now faces a prison term of up to 10 years and a $250,000 fine at his sentencing shortly by U.S. Chief District Judge William M. Skretny.

In the midst of a crackdown on the Almighty Latin street gang, Erie County sheriff’s deputies found a 7.62mm semi-automatic rifle, a digital scale with cocaine and marijuana residue and a bag of marijuana in Holcombe’s trousers pocket when they raided his Grant Street home on Sept. 21, 2011. Federal agencies assisted in the crackdown, Hochul said.

Burglary suspect who escaped from ECMC is captured

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A 24-year-old Buffalo burglary suspect who escaped from police custody Saturday at Erie County Medical Center, where he had been taken for treatment of an undisclosed problem, is back in custody.

Antonio M. Giglia, of Remolino Street, was recaptured at about 8:15 p.m. Monday in the 600 block of Main Street and was returned to the Erie County Holding Center, police said.

He now faces felony escape and petit larceny charges linked to his escape.

Two men rob Falls convenience store

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NIAGARA FALLS – After responding to an armed robbery and arrest earlier Monday night, police were called out again to respond to a second, but unrelated, armed robbery at 11:48 p.m. in a 7­-Eleven, 2824 Pine Ave.

A store clerk said two black males, one very thin, approximately six feet tall, wearing a blue bandanna, and another approximately five-foot-eight wearing dark clothing, entered the store and demanded cash from the register. The taller man displayed a pistol, which the clerk said may have been a paint ball gun.

The clerk told the men that he had recently deposited most of the cash and only had about $25 or less in the drawer. The suspects took the cash register drawer and fled

Two motorcyclists killed in separate crashes in Cattaraugus County

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LITTLE VALLEY – A 79-year-old Colden man and a 52-year-old Town of Ashford man were killed in separate motorcycle crashes since Monday afternoon.

Paul Raymond Maddex of Colden died at Bertrand Chaffee Hospital of injuries he suffered when his ‘cycle went off the road in East Otto and he slammed into a ditch about 5:20 p.m. Monday, according to the Cattaraugus County Sheriff’s office.

Roy C. Beverlin Jr., 52, of Ashford was pronounced dead at the scene of a crash off Bolton Road near his home about 7:20 a.m. Tuesday. State Police reported Beverlin failed to negotiate a curve on Bolton Road, struck a fence and slammed into trees off the west shoulder of the road.

Buffalo man and woman arrested for disobeying Chautauqua County road signs

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MAYVILLE – A 43-year-old Buffalo woman and a 46-year-old Buffalo man were arrested late Sunday after Chautauqua County sheriff deputies reported watching the man get out of a ar being driven by the woman and remove two closed-road barriers that had been placed on Hanover Road in the Town of Hanover to block traffic because of a large sink hole that had to be repaired.

Ronald A. Shane was charged with second-degree criminal nuisance and Susan R. Clark was charged with disobeying a traffic control device after she began to drive into that dangerous section of the road about 9:50 p.m. Sunday. Both were issued appearance tickets for Hanover Town Court proceedings in several weeks.

Lackawanna man arrested for break-in at Botanical Gardens

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A 27-year-old Lackawanna man was arrested at the Buffalo Police South District Station on South Park Avenue after he was questioned about allegedly breaking into a building at the Buffalo and Erie County Botanical Gardens, just blocks away from the police station sometime early Saturday. Erik A. Dole of Lincoln Street was charged about 2 p.m. Tuesday with felony burglary in the third-degree and felony criminal mischief.

Woman charged in stabbing and robbery at Niagara Falls convenience store

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NIAGARA FALLS – The owner of the Merry Mart convenience store survived a butcher-knife attack in which the assailant left blood-smeared cash as she fled the shop, and police arrested a suspect a short time later.

Police caught the suspect in the attack, Jolene A. Hill, 27, of Buffalo Avenue, at Portage Road and Niagara Street.

Authorities said Hill walked into the store on 19th Street at 8:40 p.m. Monday armed with a butcher knife.

Hill allegedly ordered the store owner, Wael Rizek, 42, of Grand Island and a female clerk into a back storage area and threatened them with the butcher knife.

Police said Hill stabbed Rizek in the stomach while demanding money. Hill walked the clerk back out into the store and to the cash register. In the meantime, Rizek escaped from the storage room.

During the robbery, a witness was in the store with her 4-year-old son. She later told police she saw two women – including, authorities said, Hill – emptying the cash register. She yelled for them to stop. The customer was unaware of the knife, which Hill had hidden behind her back.

The customer tried to stop Hill from fleeing the store, but Hill instead ran into the child as she fled, dropping most, if not all, of the cash she had taken.

Rizek told police he saw Hill flee, heading west on Welch Avenue.

Officers James Woomer and Richard Fleck caught Hill and took her into custody.

Police found blood on the door handle as well as blood-covered money in the doorway, police said.

Rizek was taken by ambulance to the Niagara Falls Memorial Medical Center emergency room. There was no report on his condition.

Hill was arraigned Tuesday morning in Niagara Falls City Court on charges of first- and second-degree robbery, second-degree assault with a weapon, second-degree menacing, fourth-degree possession of a weapon and petit larceny. She was remanded without bail to Niagara County Jail. A return court date was set for Friday.

email: nfischer@buffnews.com

Amherst house damaged by fire caused by decorative electric fixture

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A bedroom fire Tuesday evening caused by a decorative electric light fixture that fell onto a bed left damage estimated at $6,000 to a 2 1/2-story house at 169 Meadow Spring Lane in Amherst, according to Chief Scott Preston of the Getzville Fire Company.

The fire that was reported about 7:15 p.m. caused $1,000 damage to the structure and $5,000 damage to contents. No injuries were reported.

The chief said the fire was quickly extinguished.
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