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Investigation opened in theft of $20,475 in checks from Sanborn business

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SANBORN – Niagara County sheriff’s investigators are probing the theft of $20,475 in checks from Eldan Inc., on Inducon Corporate Drive East.

Two checks were stolen between April 3 and 9, sheriff’s deputies said. Investigators said a similar theft occurred there in February 2013. Further information was unavailable.

Third Lockport lawsuit against fire union pertains to health coverage

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LOCKPORT – For the third time this year, the city has taken its firefighters union to State Supreme Court, this time attempting to block a union grievance over health insurance.

The Lockport Professional Fire Fighters Association contends that the seven firefighters who were laid off at the beginning of this year lost their health coverage before they lost their jobs. The city denies it.

The laid-off seven worked until Friday, Jan. 3, the last day of the pay period, but union president Kevin W. Pratt contends the city cut off health coverage for the firefighters and their families as of Dec. 31.

“This is another one of those nuisance grievances that they file. It’s too bad,” said David E. Blackley, deputy corporation counsel in charge of labor issues. “We can’t give health insurance to people who don’t work for us.” Pratt doesn’t question that, but he said the timing didn’t match up.

“The grievance is not to give laid-off employees health care,” Pratt said. “The grievance was filed because there were federal laws that were broken. Their layoff notice stated they had full pay and benefits to the end of the work day Jan. 3. … They canceled their insurance while they were still employed by the city.”

He said the men received certified letters from the city Jan. 3 that told them their health coverage ended at the end of 2013.

“Prior to their layoffs, they had made doctors’ appointments, eyeglass appointments to take care of their kids and their wives and their families,” Pratt said. “They were taking their kids to the doctor Jan. 2, Jan. 3, and then they find out after the fact that the city already canceled their health care.”

He said that violated federal laws on notification.

Blackley insisted the seven firefighters were covered until their work ended. His lawsuit noted that none of the seven applied for COBRA, the worker-paid health coverage offered to people who lose their jobs.

The city’s lawsuit asks for a declaration barring the union from obtaining binding state arbitration on the issue.

It’s the same legal tactic the city has used in attempting to block a union grievance over a change in the eligibility rules to take the civil service exam for fire chief, and another grievance over whose job it should be to use garage door openers at the firehouse.

The city won a temporary stay of arbitration in the fire chief case. A hearing on how the change in rules occurred has been scheduled for Aug. 7 before Justice Richard C. Kloch Sr.

Kloch also has been assigned the new health insurance case, to be argued May 22. Justice Ralph A. Boniello III has the garage door case, set for May 7.

email: tprohaska@buffnews.com

East Side fire does $75,000 in damage

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Fire investigators are trying to determine the cause of a blaze that did $75,000 damage to a Moeller Street home this morning.

The fire at 57 Moeller was reported at 8:42 a.m. The 2-1/2 story frame house is occupied, but no one was home when the fire broke out, fire officials said.

The fire caused $50,000 in damage to the building and $15,000 to its contents, officials said.

No injuries were reported. The cause is under investigation.



Police vehicles get beefier, roomier as SUVs, modernized cars maximize capabilities

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If you are picked up by police these days, you can expect some more legroom.

Patrol vehicles are getting bigger, just like the officers and some of those getting into the back seats.

Buffalo police last week put the first 12 Chevrolet Tahoes onto city streets; 37 more will join the fleet by mid-May.

In Amherst, 10 Ford Interceptor sport utility vehicles and 10 Ford Interceptor sedans are on patrol.

Hamburg has three Ford Explorer SUVs and two more due by summer, plus 10 recently purchased Ford Interceptor sedans.

In Cheektowaga, officers drive 12 Tahoes, three Ford Expedition SUVs and one Chevy Suburban SUV as the town phases out its 18 Crown Victoria sedans, which Ford has stopped making.

Officers, the equipment they carry and the people they pick up are getting bigger, so departments are opting for bigger vehicles, especially SUVs.

“I have one deputy who is 6-foot-9-inches, and he does not fit inside a patrol car,” said Niagara County Sheriff James R. Voutour, whose department has also acquired Chevy SUVs. “The Tahoes are also good in very bad weather. It was nice to put them out on patrol during the blizzards this year. We have a combination of two-wheel- and four-wheel-drive Tahoes.”

At 6½ feet and 275 pounds, Buffalo Police Officer John T. Kujawa fit the build for trying out a new generation of police vehicles to see which would fill the department’s needs.

Buffalo buys 49 Tahoes

This giant of an officer struggled to maneuver himself behind the wheel of Ford and Chevy police sedans. Climbing in the back seat where prisoners are placed for transport was even harder.

But when he stepped into the Tahoe SUV, what a relief.

“I was hitting my head against the ceiling of the cars we tried out, but as soon as I got into the Tahoe, I knew this vehicle would be able to accommodate any size officer and there would be ample room to safely transport prisoners,” Kujawa said.

His opinion weighed heavily in swaying the Buffalo Police Department to purchase 49 Tahoes.

There are other advantages to integrating SUVs into a fleet of police cars, law enforcement officials say. Fuel efficiency, cheaper maintenance, better vantage points, better handling in harsh weather and greater public visibility also are factors.

The newer vehicles are more fuel-efficient than the Crown Victorias, which police fleet managers said got as little as 8 miles per gallon. Tahoes get nearly double the mileage.

SUVs offer better maneuverability and steering during harsh winter weather, police say. There’s also increased visibility for both the officer behind the wheel and for citizens, who can more easily spot an SUV patrol cruiser.

“Everything is about being more visible to the public, and with the new black-and-white color scheme and the highly reflective striping on the sides, the Tahoes are easy to see and more recognizable as police vehicles,” Buffalo Police Commissioner Daniel Derenda said.

And the bigger SUVs also provide officers with an elevated perspective, allowing them to be more thorough in their patrols, Kujawa said.

“In a Tahoe, you can look down into a car beside you and check for guns or drugs or if a person is on the phone, texting or wearing a seat belt,” said the 29-year police veteran.

Kujawa patrols with Destro, a German shepherd police dog.

“In a sedan, you’re lower to the ground, and you can’t get clear views into yards,” he said.

Might a large SUV hurrying through streets pose more of a danger to citizens than a patrol car?

“The police Tahoe has a lower profile than a higher-sitting civilian SUV, and it’s equipped with heavy-duty brakes and steering and bigger tires, actually giving it more control than the old patrol cars,” Kujawa said.

With fleet maintenance costs a concern to the city, Buffalo purchased two-wheel-drive Tahoes because they are less expensive to fix, according to Capt. Mark Makowski, a member of the city’s vehicle review committee, which included police mechanics and city purchasing personnel.

“We looked at all-wheel-drive vehicles, and the repair bills for front-end accidents are much more expensive,” Makowski said.

And besides better gas mileage, the Tahoe sipped less fuel when parked and idling, he said, something that happens often in police work, whether at a traffic stop or guarding a crime scene.

“The Tahoe has eight cylinders, but when it’s parked, it idles on four cylinders. When on regular patrol, it runs on six cylinders, and in pursuits operates on all eight cylinders,” Makowski said.

The safety of prisoners was also a consideration.

As Kujawa demonstrated when he struggled to sit in the back of a Chevy Caprice sedan or a Ford Interceptor sedan, which resembles a Taurus, the tight squeeze had police officials thinking in terms of complaints against the department.

“We want to avoid complaints of police mistreatment to Internal Affairs because the prisoner had to be packed into the patrol vehicle,” a police official explained.

When Buffalo’s remaining 37 Tahoes arrive next month, they will reduce the department’s aging fleet of Crown Victorias to 131. That number will drop each year as more Tahoes are purchased, though Makowski points out that the department will monitor the SUVs’ performance.

If theses vehicles fail to live up to expectations, he said, there is nothing to stop the city from looking at alternatives.

‘Split the fleet in half’

This first group of Tahoes was purchased from city money with no help from grants. Emerling Chevrolet, of the Town of Boston, submitted the low bid at $26,000 per vehicle. But when outfitted with police equipment, the price of the Tahoe jumped to about $40,000.

Although the Tahoe is a popular vehicle, it is by no means the only option for police.

In Cheektowaga, the Tahoe received good reviews, but that department now plans to buy six Ford Interceptor sedans because the all-wheel-drive feature is less expensive than on the Tahoe.

“The Tahoes are nice and roomy, and you can carry a lot of equipment in them, but they are only a two-wheel-drive vehicle. Obviously you can get it in four-wheel-drive, but we are going to give the Ford Interceptor sedan a try,” said Cheektowaga Assistant Police Chief James J. Speyer Jr.

“We’re going to do that because Ford makes an affordable all-wheel-drive version. They are supposed to be better in bad weather with handling.”

Cheektowaga will pay $26,500 apiece for the basic sedan, prior to the upgrades. Prices for the new vehicles vary, depending on how many are sought in bids, police officials explained: The more that are purchased, the lower the price per vehicle.

Erie County Sheriff’s Office road patrol deputies drive Tahoes and Ford Interceptor sedans, and both have received positive reviews. But when it is time to buy new vehicles, Ford wins out.

“As far as being a manager, the Ford sedan is a better option because of better gas mileage, and we save money in the garage with repair bills,” Undersheriff Mark N. Wipperman said.

The Interceptor sedan gets 18 miles per gallon in city driving and 26 on highways.

Amherst Police Officer Thomas M. Barillari, whose duties include management of the department’s patrol vehicles, said that in the last two years, the town has purchased 10 Ford sedans and 10 Ford SUVs, paying $25,000 and $26,000 per vehicle, respectively.

“We split the fleet in half. The sedans and utility vehicles have the same engines, wheels and brakes,” Barillari said, “so … it is easier to manage parts and the usual wear items. We put about 100,000 miles per year on each of our primary fleet patrol vehicles.”

With six-cylinder engines in the new vehicles, the price of fuel, compared with the Crown Victorias, creates substantial savings.

“The sedans and utilities average about 16 miles to the gallon, compared to 8 miles we got with the Crown Victorias,” Barillari said.

A question of mileage

But even the most efficient police cars are bound to consume more gasoline because they are constantly on the road and often hurrying to emergency calls, said Voutour, the Niagara County sheriff.

“You won’t get good mileage in any police car. They stop, they idle, then they are sometimes driven fast. They are not driven like a normal car,” said Voutour, whose patrol fleet includes Chevy Caprices, Dodge Chargers, older Crown Victorias and Tahoes.

“We’ve had good luck with the new Caprices that are replacing the Crown Victorias and the Dodge Chargers,” Voutour said. “What I like about the Tahoes is they give our three K-9 officers more room for their equipment and dogs.”

The Tahoes, he added, can accommodate bigger deputies, and Tahoe repair costs have been reasonable.

As for the State Police, they began a return to sedans for patrol purposes, after buying Tahoes starting in 2005.

“The New York State Police fleet is a combination of sedans and utility vehicles. However, the agency is ordering more sedans and is only ordering utility vehicles based on specific detail-unit needs,” Trooper Jason D. Jones said.

Units receiving the SUVs, he said, include the Special Operations Response Teams, Concealed Identity Traffic Enforcement and K-9, because the utility vehicles provide more space for equipment.

email: lmichel@buffnews.com

Have coffee with a cop, and the cops are buying

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WHEATFIELD – The Niagara County Sheriff’s Office will participate in a national initiative, “Coffee with a Cop” beginning at 10 a.m. Friday at Tim Hortons, 2248 Niagara Falls Boulevard, at the corner of Walmore Road.

The first 25 people will be treated to free coffee and doughnut, courtesy of the Judges and Police Executives Conference of Niagara County.

The event is designed to provide an opportunity to meet with officers in a neutral, non-emergency setting and to ask questions and learn more about the work done by the sheriff’s department.

“We hope that community members will feel comfortable enough to ask questions, bring concerns or simply get to know our deputies,” said Sheriff James R. Voutour. “These interactions are the foundation of community partnerships.”

Similar events are being held across the country to allow police and sheriff’s departments to make lasting connections with the communities they serve. Coffee with a Cop is supported by the United States Department of Justice and Office of Community Oriented Policing Services.

Orchard Park woman charged with violating Leandra’s Law

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A woman arrested for driving while intoxicated saw her charges escalate Saturday night when Orchard Park police discovered her 14-year-old daughter in the car.

Kathleen G. Nurt, 48, of Orchard Park, was charged with a felony Leandra’s Law violation and endangering the welfare of a child in addition to DWI as a result of a traffic stop on North Buffalo Street.

Nurt had a DWI conviction last year.

Mystery video raises suspicion of Buffalo police brutality

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The suspect’s screams of “Please stop” and “Let me go” are clear as day.

So are the slaps to his head from a Buffalo police officer.

Everything else about a new YouTube video that debuted this weekend remains a mystery. And it’s a mystery that Buffalo police want solved.

Did a Buffalo police officer, with colleagues looking on, assault a suspect already in custody?

“Buffalo police are aware of the video and are investigating the matter,” police spokesman Michael J. DeGeorge said Sunday.

The video, which appears to have been recorded by two eyewitnesses, runs for a minute, 20 seconds and records a police stop on a date and at a location not specified in the video.

The video starts out with officers wrestling on the ground with the suspect, and eventually shows him prone on the sidewalk with three officers standing above him and a fourth officer kneeling down next to his head. At that point, the video seems to show the kneeling officer slapping the suspect, kicking him and then slapping him a second time.

The video was first posted on a Facebook page belonging to Cop Block of Western New York, which describes itself as a “diverse group of individuals united by their shared goal of police accountability.”

Cop Block, which encourages people to videotape their local police, says the local video is its “first mission.”

The group says it also is trying to contact the victim to get his side of the story. It also says the video was sent to Buffalo police and Mayor Byron W. Brown.

email: pfairbanks@buffnews.com

Wall collapses at Iron Island Museum

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Volunteers at the Iron Island Museum in Buffalo escaped injury Sunday when a brick wall collapsed.

About eight workers were at the museum when a wall collapsed for the second time in less than 10 years. Another wall collapsed in 2005.

Museum President Linda J. Hastreiter said the previous repairs cost about $15,000 so she’s assuming the cost for this round of repairs will be at least that much.

Located at 998 Lovejoy St., the museum is dedicated to preserving the neighborhood’s history and has become an attraction for fans of the paranormal.

Quadriplegic sues other driver, local governments over crash

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LOCKPORT - A man who was left a quadriplegic after his motorcycle collided with a pickup in Royalton last year filed a lawsuit last week against the pickup driver.

But the lawsuit by David N. Baier of Mill Road, Royalton, also names Niagara County and the Town of Royalton as co-defendants.

The suit filed by attorney Richard P. Amico of the Rochester office of the Cellino & Barnes law firm asserts that the intersection of Gasport and Bunker Hill roads, where the crash occurred, doesn’t comply with state Department of Transportation design standards.

It doesn’t say how the T-shaped intersection purportedly violates those standards, and Amico did not return a call seeking comment Friday.

“They met the specifications when they were built,” said Michael F. Tracy, county deputy public works commissioner for highways.

He said Gasport is a county road, as is the short western part of Bunker Hill Road up to the intersection with Gasport. East of that, Bunker Hill is a town road.

The crash occurred at about 5:15 p.m. March 26, 2013.

According to the report by Niagara County Sheriff’s Deputy Christopher L. Butts, Baier was southbound on Gasport, making a right turn, and pickup driver Steven M. James, now 41, of Main Street, Barker, was making a left turn from Bunker Hill onto Gasport.

James did not have a stop sign on Bunker Hill.

The lawsuit contends that Baier, now 54, was stopped at the stop sign and was hit by the pickup. Butts’ report doesn’t say that.

It says that James was making a left “when he noticed (Baier) attempting to make a right turn onto Bunker Hill Road. (James) stated that when he was negotiating his left turn, he was close to the line that divides traffic, but did not think he crossed over it.”

James was cited for making an improper left turn. He told Butts that Baier’s motorcycle impacted the left side of the pickup. The deputy was unable to get Baier’s version at the scene, describing him as “conscious but incoherent.”

Also, he was allegedly drunk. Butts said he smelled alcohol on Baier’s breath and decided to arrest him for driving while intoxicated.

Butts later went to Erie County Medical Center in another effort to interview Baier, but Baier refused to take a chemical test to determine his blood alcohol content.

Baier had at least two previous DWI arrests, so this charge would have been a felony, but it was later dismissed.

The report says Baier had a fractured left leg and pain in his left shoulder, but makes no mention of paralysis, although that injury was confirmed by a law enforcement source who was not authorized to speak publicly about the case.

email: tprohaska@buffnews.com

Police identify man fatally stabbed in Niagara Falls motel

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NIAGARA FALLS – Police said a Niagara Falls man was stabbed to death Sunday morning at a Main Street motel.

The victim has been identified as Richard A. Christian, 22, of Caravelle Drive.

Ashley Marie Berger, a Falls woman who was with the victim, has been charged with second-degree murder.

Berger, 31, of Third Street, is accused of stabbing Christian at the motel in the 400 block of Main Street at about 3 a.m.

Niagara Falls police said the victim suffered a single stab wound to his chest and shortly after the incident was pronounced dead at Niagara Falls Memorial Medical Center.

Berger was arraigned today in City Court and is being held without bail at the Niagara County Jail.

15-year-old gets 13 years in fatal shooting

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Myles Taylor told a judge Monday that he didn’t mean to kill a 16-year-old who had been fighting with his friend last summer on an East Side street.

But Erie County Judge Michael L. D’Amico sentenced the 15-year-old defendant to 13 years to life in prison, noting that his actions on that day carry consequences.

“You pointed a gun, pulled the trigger and shot him in the back. What did you think was going to happen?” D’Amico said.

The judge said it was another case of guns and violence ending in heartbreak for everyone involved, but especially for the victim’s family. “He’s gone forever,” he said. “There must be consequences.”

A jury last month convicted Taylor of murder for shooting Kelmyne Jawon Jones as Jones walked away after a fistfight that had been sparked by a photo posted on Twitter.

Taylor was 14 at the time of the fatal shooting last July 6 and was charged as a juvenile offender. He had faced a maximum prison sentence of 15 years to life instead of the maximum 25 to life an adult would face.

Taylor will initially serve his sentence at a state Division for Youth facility until he turns 18, then will be transferred to the Elmira Correctional Facility where he will remain until he turns 21. He will then be sent to an adult correctional facility.

Before sentencing, homicide prosecutor Colleen Curtin Gable told the judge that Taylor, in a presentencing report prepared by probation officials, still doesn’t take responsibility for what he did that day.

“This was not a random shot he fired,” she said, noting that Taylor shot Jones after Jones had been fighting with his friend in the street that afternoon on Northland Avenue.

“This was a case of a senseless shooting,” she told the judge. “It started as a fistfight, but this defendant took it to a whole different level with his actions.”

Defense attorney Robert J. Molloy said his client does accept responsibility for killing Jones and that he is very sorry.

“The gun was given to him,” Molloy said. “He pointed the gun at people who were running away after the fight. He closed his eyes and fired one shot. He knew what he was doing, but he didn’t intend to kill Mr. Jones.”

Taylor apologized to Jones’ family. “I take full responsibility for what I did,” he said. “I caused his death.” But he added that he didn’t mean to kill Jones and that he wished he could take it all back.

At trial, Taylor’s friend, who is now 17, testified that he was hanging out with Taylor and other teenagers on the friend’s porch when Jones and other youths came walking down the street.

The friend said he met Jones in the middle of the street, and they started fighting over a photo of Jones and three or four other teenagers that was taken on the friend’s porch when he was not home. He said the photo and the caption made him feel disrespected.

He testified that the fight lasted about a minute and that afterwards he saw Taylor shoot Jones. He said Taylor later told him he had shot Jones after Taylor was hit on the back of the head following the fight. Taylor also told the friend that he hid the gun along a fence behind another friend’s house.

That friend testified that Taylor called him about 3 a.m. the next day and asked him if he had the gun and that when the friend said no, Taylor told him he would come and retrieve it.

Police never found the semi-automatic pistol, but they did find a shell casing at the shooting scene and a bullet recovered from the victim’s body.



email: jstaas@buffnews.com

Missing North Tonawanda man’s body recovered; foul play is not suspected

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WHEATFIELD – The body of a missing North Tonawanda man was recovered by the Niagara County Sheriff’s Department after it was discovered by a fisherman at 3:15 p.m. Sunday in a Wheatfield pond in an area known as “Demlers.”

Frances Christman, 35, of Cottage Street, had been missing since April 1 when he failed to return home after taking his dog for a walk.

North Tonawanda Police said after a preliminary investigation with Niagara County Sheriff’s Department that no foul play is suspected. An autopsy was performed at the Erie County Medical Examiner’s Office and the cause of death is pending the result of a toxicology report.

Victim identified in Niagara Falls motel stabbing

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NIAGARA FALLS – Police have identified the victim of a stabbing at a Niagara Falls motel as Richard A. Christian, 22, whose last known address was on Caravelle Drive. The case was the city’s first reported murder in 2014.

Charged in the murder is Ashley Marie Berger, 31, of Third Street. She was arraigned Monday in City Court on a charge of second-degree murder and is being held without bail in Niagara County Jail.

Christian suffered a single stab wound to his chest just before 3 a.m. Sunday in a motel in the 400 block of Main Street and shortly afterwards was pronounced dead at Niagara Falls Memorial Medical Center.

Detective Lt. Michael Trane said Berger called the police and said a man had collapsed outside her room and she didn’t know who he was.

Trane said there was no evidence that drugs were involved.

Women’s purse stolen in a Military Road parking lot

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NIAGARA FALLS – A 19-year-old woman told police that a man grabbed her by the hair and struck her in the face shortly after 5 p.m. Sunday in a parking lot in the 1500 block of Military Road.

She added that she was kicked in the face by a woman who had been with the man, and her purse was stolen.

Disoriented driver charged with driving while impaired

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LOCKPORT – A West Seneca woman who did not appear to know where she was, what time it was and was driving a significantly damaged vehicle was charged with driving under the influence of drugs at 7:15 a.m. Monday in the 5800 block of Stone Road.

Nicole M. Szczepankiewicz, 26, of East and West Road, was charged by Niagara County sheriff’s deputies with aggravated unlicensed operation, leaving the scene of a property damage accident and operating a vehicle while impaired by drugs.

Deputies responding to a complaint about a reckless driver found Szczepankiewicz to be confused and disoriented, driving a vehicle that had been recently damaged with a front right tire that was off the rim. She told deputies that she felt the wheel shaking, but thought she could make it home, but admitted she had no idea where she was and didn’t know what day or time it was.

Deputies found wax paper packets commonly used for heroin and syringes, as well as prescription pain killer. Szczepankiewicz eventually told deputies that she was a heroin user and needed help.

Three Lockport teens plead guilty in home invasion

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LOCKPORT – Three Lockport teenagers who entered a Lock Street home March 29 and robbed the occupant pleaded guilty Monday in State Supreme Court to charges of attempted second-degree robbery.

Each could be sent to prison for as long as seven years when they are sentenced by Justice Richard C. Kloch Sr. Sentencing is June 23 for Kyliek J. Bembo, 16, of Lock Street; June 24 for Maria Parete, 18, of Hawley Street; and June 25 for Lewis M. Williams III, 16, of Erie Street.

Police said the trio stole several PlayStations and a laptop computer. Assistant District Attorney Peter M. Wydysh said Monday that a marijuana smoking device called a bong also was stolen. Assistant Public Defender Michael E. Benedict said one of the robbers was armed with a BB gun.

Arson suspected in burning vehicle

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LEWISTON – A burning vehicle was found fully engulfed between Rainbow Lake and Meyers Lake, off Blacknose Spring Road on the Tuscarora Indian Reservation just after 1 a.m. Monday.

Niagara County sheriff’s deputies found the burning vehicle with the door to the gasoline tank open, and arson is suspected.

A license plate was found near the vehicle, identified as a 1998 Pontiac Bonneville, which was reported stolen on April 17 by a 41-year-old man in the 1100 block of Linwood Avenue.

Pekin Volunteer Fire Department put out the fire.

DA’s office to appeal racial profiling ruling

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LOCKPORT – The Niagara County District Attorney’s office filed a notice of appeal last week in connection with the dismissal of felony marijuana charges against two men, which was ordered because County Judge Matthew J. Murphy III believed they were victims of racial profiling.

Murphy said March 21 that he believed Niagara Falls police were unjustified in pulling over and searching the vehicle occupied by the defendants, even though the driver pleaded guilty to running a stop sign after the marijuana felonies were thrown out. Murphy said he thought it was a case of “driving while black.”

Murphy’s ruling nullified an indictment against the driver, Shateek L. Payne, 36, of Fillmore Avenue, Buffalo, and his passenger, Joachim S. Sylvester, 38, of Ontario Avenue, Niagara Falls, which was lodged after police found seven pounds of marijuana in the back seat, as well as 27 oxymorphone pills and a stack of counterfeit money in Sylvester’s pockets.

NT man jailed for driving drunk in stolen car

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LOCKPORT – James M. Martin, who was charged with stealing his former girlfriend’s car and driving it while he was drunk, was sentenced Monday by Niagara County Court Judge Matthew J. M urphy III to two years in the County Jail.

Martin, 42, of Goundry Street, North Tonawanda, had pleaded guilty to charges of misdemeanor driving while intoxicated and second-degree criminal contempt. The woman had an order of protection against Martin, who took her car keys after a confrontation Sept. 19 in an Oliver Street bar. North Tonawanda police quickly stopped him for driving without headlights.

Martin said in court Monday that he hadn’t driven a vehicle in 10 years. However, records show that he served state prison time for felony DWI and first-degree criminal contempt from 2007 to 2010.

Akron funeral director admits taking burial funds

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An Akron funeral director who was convicted nearly five years ago of embezzling more than $175,000 from an elderly Lancaster widow admitted Monday that he took more than $74,000 in prepaid burial funds from 15 customers and that he used the money to buy cars and fancy clothes.

Under state law, he was required to deposit the funds in trust accounts.

Paris J. Childs, 54, of Eckerson Avenue, former director of the Childs Funeral Home, pleaded guilty as charged in State Supreme Court to four counts of third-degree grand larceny and single counts of first-degree falsification of business records and first-degree scheme to defraud.

He also admitted violating the probation sentence he received in January 2010 for embezzling money from the 85-year-old widow over a three-year period.

The thefts of the $74,250 in burial funds occurred between March 22, 2006, and Nov. 18, 2013, according to Erie County District Attorney Frank A. Sedita III.

Sedita said Childs’ conduct was especially disturbing because he used his position as a funeral director to take advantage of the most vulnerable people – the elderly and people going through the grieving process.

“An embezzler working as a funeral director is the same as a pedophile working as a youth counselor,” he said.

Justice Russell P. Buscaglia set sentencing for July 1 and ordered Childs sent back to the Erie County Holding Center without bail in line with a request from Assistant District Attorney Candace K. Vogel.

Vogel told the judge that as a second felony offender, Childs faces mandatory prison time. She also said that when state police were trying to locate him on a warrant last month, he fled and was eventually found and arrested in a parking lot.

His attorney, Leonard D. Zaccagnino, asked the judge to release his client on bail so that he could take care of family and personal matters. He said his client plans to sell the funeral home.

After the plea, Vogel said that if Childs finds a buyer for the funeral home, the money will go to pay off his mortgage on the property. “None of that money will go into his pocket,” she said.

Childs faces 3½ to seven years in prison on the grand larceny charges and two to four years on the falsification and scheme charges. The judge indicated those sentences would run concurrently.

Childs also faces two to six years in prison for the probation violation. The judge said that sentence would run consecutively to the others.

As a result, Childs faces a total of 5½ to 13 years in prison.

The judge said that if any other cases of Childs having victimized funeral home customers come to light before sentencing, he will be ordered to make additional restitution. If more cases come up after sentencing, he will face additional charges.

In the embezzlement case, Childs was sentenced by Buscaglia in 2010 to six months in jail and five years’ probation.

Child had pleaded guilty in October 2009 to third-degree grand larceny for taking the widow’s money from 2006 through 2009 after he got her to grant him power of attorney following her husband’s death. She died in September 2009.

In addition, Buscaglia revoked Childs’ state funeral director’s license for five years.

In November 2012, Buscaglia ruled that Childs could reapply for his license, but he was not allowed to deal directly with his customers’ money.

Childs’ attorney at sentencing said his client had repaid the $175,000 to the widow’s estate.

email: jstaas@buffnews.com
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