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State police trying to find hit-and-run driver who struck Grand Island pedestrian

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A search continued today by State Police trying to track down the driver who struck a pedestrian walking on the east shoulder of Grand Island Boulevard near Bedell Road on Grand Island about 10:30 p.m. Saturday.

The 58-year-old victim was aided at the scene by the Grand Island Fire Department and taken by ambulance to Erie County Medical Center for treatment of head injuries. The victim’s identity was not released.

Anyone with information on the incident is asked to contact State Police at either 773-9651 or 759-6831.

Body found in 1983 identified

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More than 30 years after an Orleans County hunter found the badly decomposed body off the shoulder of Route 63 in Shelby, authorities finally know who she was.

The remains were those of Shari Lynne Ball, who was 20 years old in June 1983 when she left her home in Florida, telling her family she was pursuing a career in modeling in New York State.

Last fall, the body was exhumed from the Albion cemetery where she was buried as a Jane Doe. DNA was extracted and entered into the National DNA Database. It matched a sample that had been provided a few years ago by a family member, the New York State Police Bureau of Criminal Investigation announced Monday following extensive forensic work by the agency’s famed Albany Forensic Bureau and the Chief Medical Examiners Office of New York City.

Now authorities want to know how Ball died.

According to the Palm Beach Sheriff’s Office, Ball left her family home in Boca Raton on foot at about 5:30 p.m. June 27, 1983. She had packed her bags and told her mother she was going to New York with someone she never identified. Her mother said Ball told her she was going to Boynton Beach to meet her traveling companion. But the mother nervously told sheriff office investigators she became concerned when she found her daughter had left her luggage at home.

Ball said she last heard her from her daughter when she called about four hours after leaving home, asking her for money.

The young woman also made contact with a friend from a truck stop in Ashland, Va., a couple of days later. She was never heard from again.

Then in October of 1983, the hunter found the body. It was badly decomposed, and there was no way to identify the remains. The cause of death was listed as “undetermined,” but police suspected foul play.

Last October, the State Police investigation unit working with the Orleans County District Attorney’s Office and the National Center for Missing and Exploited Children, obtained a court order to exhume the body of the unidentified female for further DNA analysis.

New York City pathologists used a DNA sample provided by a relative of the missing woman several years ago to the National DNA Database to resume testing, coming up with the identification hit.

In announcing the identification of the woman, authorities put out a nationwide alert asking for anyone who knew Ball or anyone who may be able to provide any information about her to contact them at (585) 344-6210.

email: mgryta@buffnews.com

Common Council to mull $1 million payment for near-drowning at pool

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The scene at the Buffalo public swimming pool where 37-year-old Jannette Morales nearly drowned in 2009 looked chaotic.

Children ran around the pool deck; a half dozen teenagers tackled each other into the water, and then did backflips off the lifeguard stand.

No one listened when told to stop running.

“The lifeguards gave up, didn’t pursue it anymore,” recounted Kevin Wyatt, a witness.

Meanwhile, one lifeguard talked on her cellphone and another sat on the pool’s edge with his feet in the water, talking to two girls.

In the midst of all this on Aug. 21, 2009, Morales was floating face down next to the lifeguard stand at the Rees Street pool.

Angel Gonzales saw his mother and screamed for help.

He struggled to pull her to the side of the pool and called to the teenagers doing backflips for help getting her onto the pool deck.

With his mother turning purple, Gonzales performed CPR as the lifeguards watched, according to witness statements.

The Common Council is expected to vote today on a $1 million payment to Erie County, which operated city parks at the time of the 2009 incident and has already paid a $7 million settlement, reached in 2011, to Morales. Last week, the Council’s Claims Committee recommended the full Council approve the $1 million payment.

The county and city had argued in State Supreme Court and at the Appellate Division over responsibility for paying the settlement.

The sides eventually agreed the city would pay $1 million of the $7 million.

Since taking back control of its pools in 2010, the city has put in place policies to avoid a repeat of what happened on that August 2009 day, said city Public Works Commissioner Steven J. Stepniak.

The city requires additional lifeguard training beyond the required Red Cross certification.

“Lifeguards are prohibited from using cellphones while on duty,” he said in a statement. “Furthermore the city has security officers at each site. And we’ve spent millions of dollars in upgrades to the facilities city wide.”

Morales’ lawsuit, filed by attorney Joseph E. Dietrich III, alleged Erie County and the city of Buffalo were negligent for allowing unruly behavior at the pool and not providing proper supervision.

Morales is now “profoundly and permanently disabled,” according to court documents.

She suffered brain damage, lost full use of the right side of her body, and suffered loss of speech, according to the suit. She can answer yes or no to simple questions, but she cannot move around or function independently.

Morales incurred more than $250,000 in medical bills.

One witness said the lifeguards did not scan the pool as they should have, nor did they help get Morales out of the pool.

By the time her son called for help, one lifeguard had been in a cellphone conversation for at least 15 minutes, Wyatt said in a deposition.

Two other lifeguard stands were empty, one for an entire hour before the near-drowning.

In front of the other empty stand, a lifeguard sat at the edge of the pool, flirting with two girls, according to the deposition.

On-duty lifeguards were not allowed to have cellphones with them. Phone records show a 17-year-old lifeguard was on her cellphone before the accident and also sent or received 24 text messages in the hour before the accident.

She was texting a friend in the Albany area whom she met on MySpace.

After the near-drowning, the pool staff could be overheard conferring over the importance of getting their “story straight,” Wyatt said.



email: jterreri@buffnews.com

Former Buffalo woman pleads guilty to marijuana trafficking

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Jacquelyn Witman, 31, a former Buffalo resident lately living in Atlanta, Ga., pleaded guilty Monday to charges of conspiracy to possess marijuana with intent to distribute it, and to distributing marijuana in an interstate trafficking operation.

She is the third suspect to plead guilty, among six suspects in the case. She faces a prison term of up to five years and a $250,000 fine when she is sentenced by Chief U.S. District Judge William M. Skretny in Buffalo. Her sentencing date has yet to be scheduled.

In the multi-agency case that led to the seizure of about $1 million in cash, an Alden man and two Buffalo men still face trial. A Phoenix, Ariz., man and a Tempe, Ariz., man have been convicted here of marijuana trafficking and still face sentencing.

Suspect's mother describes horror of beating

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The mother of a young man in a YouTube video that shows him being beaten by Buffalo police says she cannot put into words the horror she experienced watching it.

“I can’t describe verbally the pain I felt to see my son pinned to ground and the officer picking up his foot and stomping my son like he was nothing,” said Donnetta M. Lewis, the Amherst mother of 22-year-old Buffalo resident John T. Willet. “It sent a chill through my body.”

Six Buffalo police officers have been placed on paid administrative leave as an internal investigation was under way. Police Commissioner Daniel Derenda and Mayor Byron W. Brown condemned any police brutality that may have occurred.

Here is what is known: At 10:30 p.m. April 19, police noticed a speeding car in the city’s Riverside section. They chased the driver, Willet, who ditched the vehicle and then ran away.

When police caught him, they found heroin, crack cocaine and marijuana on him and charged him with intending to sell some of the drugs. But before he was booked, he was handcuffed and, from the appearance of the video, was beaten by one police officer while others stood by.

The officer responsible for hitting and kicking Willet placed a knee either on Willet’s head or throat to keep him on the ground and continued striking him after he was in handcuffs, according to police officials, who said that any harsh physical contact should have stopped when the cuffs were in place.

U.S. Attorney William J. Hochul Jr. has been in contact with Derenda, and federal officials are considering their own investigation into the incident, authorities said. Erie County District Attorney Frank A. Sedita III has also discussed the case with Derenda.

The Internal Affairs Division’s investigation began late Friday after the commissioner and the mayor were emailed copies of the video.

“The Buffalo Police Department does not condone or tolerate any inappropriate behavior,” Derenda said at a news conference Monday, adding that when other officers witness police brutality, they have an obligation to report it.

“Certainly, when I saw the video, I was extremely and deeply concerned about what I viewed,” Brown said in contacting The Buffalo News later Monday.

“I told Commissioner Derenda to conduct a swift and complete investigation. We have made it clear that we will not tolerate inappropriate behavior by police officers.”

The video was taken by one or two individuals who happened to be at Philadelphia and Ontario streets on the night of April 19. Last weekend, it was posted on Cop Block of Western New York’s Facebook page and later on YouTube.

Willet’s mother, a registered nurse, recalled her son as a young boy telling her that he wanted to one day become a police officer. “When he was a little boy, he’d say, ‘Mom, I wanna be a police officer,’ ” Lewis said.

Over the years, though, he had minor skirmishes with the law and sometimes used marijuana recreationally, Lewis said. The mother said Monday that she understands, to a point, that police were within their rights in the struggle while trying to handcuff her son. But she believes that any physical harm to her son that came after he was cuffed was unjustified.

“Once my son was facedown on the ground, his arms handcuffed behind his back, he is totally defenseless. At that point, there was no need to do anything, punching his head and stomping him,” Lewis said, while sitting in the living room of her Amherst home.

According to a police report on the incident, Northwest District Officer John A. Cirulli said Willet’s Chevrolet Impala was driving at a high rate of speed in Riverside and passed another vehicle on the passenger side of the two-lane street.

“Officers pulled alongside of the defendant as he pulled over and did state to the defendant just slow down for us OK, and the defendant bailed out of the car and started running,” the report states.

During the foot chase, Willet jumped over a fence before he was taken down at Philadelphia and Ontario streets, where there is a police surveillance camera. Internal Affairs investigators, Derenda said, have obtained additional video of the incident.

“The defendant was apprehended by Officer Cirulli and Officer Militello and taken into custody by Officer Gilbert and Officer Griffin,” Cirulli stated, adding that Willet fought with officers and had to be “forcibly subdued and handcuffed.”

Besides Cirulli, the references were to Officers Nicholas A. Militello, Dennis R. Gilbert and Brian O. Griffin.

Cirulli’s report also states that Willet had two bags of heroin in his left pants pocket and a bag of crack cocaine and a bag of marijuana on the center console in his car.

Lewis said her son received medical treatment after the beating and is staying with friends. She added that he has contacted an attorney to represent him but that he is no longer available to comment.

Willet, in an earlier interview with WIVB-TV, offered his own explanation of what happened. He said that he was driving in Riverside and that an unmarked police car pulled up alongside him. At first, he didn’t know who it was, he said, but moments later took off on foot after exiting his car.

“I ran because of the fact that I did have some type of drugs on me,” Willet told Channel 4. “So, I ran and, you know, I figured, you know, I’d probably get away, but it didn’t work out that way.”

A Buffalo police officer, according to Willet’s account, told him, “This is what happens when you run in Buffalo. If you run in Buffalo, you gonna get beat.’ He said, ‘I bet you won’t run anymore.’ ”

In the Channel 4 report by reporter Luke Moretti, Willet said when police caught up to him, he surrendered right away and didn’t put up any resistance.

“I put my hands up. And that’s when I got the first swing to my face,” he said. “I surrendered. I stopped. I put my hands up. It was no more point to run.

“The only thing I could think was just to keep telling them, or asking them, or begging them to stop hitting me. ’Cause, you know, my face obviously started hurting. I felt my face starting to swell up. I didn’t want to have a shut eye.”

After that, Willet said officers continued striking him.

“After I was put in the vehicle, after I had handcuffs on me, I continued to be hit,” Willet told Moretti.

Police sources identified the officers on administrative leave as Officers Cirulli, Militello, Gilbert, Griffin, Lamar M. McCulley and Lindsay A. Laracuente-Zgoda. They will remain on leave while details of the investigation are sorted out and to avoid criticism that the officers are continuing with patrol duties, the sources said.

The charges against Willet are criminal possession of a controlled substance with intent to sell, criminal possession of a controlled substance, unlawful possession of marijuana, resisting arrest and obstructing governmental administration.



email: lmichel@buffnews.com and tpignataro@buffnews.com

Buffalo man charged with illegally getting unemployment checks

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LOCKPORT – A 32-year-old Buffalo man was arrested Monday afternoon by State Police for allegedly collecting more than $6,700 in state unemployment checks illegally while he was working full time for various Niagara County employers between September 2010 and last October.

John J. Campfield Jr. was charged with grand larceny, falsifying business records and offering a false instrument for filing. The investigation by the Bureau of Criminal Investigation was launched at the request of the State Department of Labor. Campfield faces further proceedings May 7 in Lockport City Court.

West Seneca man arrested on drug charges in rental car

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A 23-year-old West Seneca man was arrested on drug charges when the rental car he was driving was pulled over at Comstock and Dart streets about 1 p.m. Monday.

Jerome G. Grant was charged with criminal possession of a controlled substance when he was seen throwing a baggie of cocaine out of the car. He was also charged with unlawful possession of marijuana and unlawful use of a motor vehicle for not wearing a seat belt. After it was confirmed he was driving a car that had been rented by his girlfriend and that he had not been authorized to use it, he was remanded to the Erie County Holding Center.

Grant was arrested by State Police assigned to the Buffalo Strike Force.

Chaffee man arrested for alleged unlicensed driving and DWI

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A 23-year-old Chaffee man was arrested by Erie County Sheriff’s deputies on charges of driving illegally and drunken driving when he was stopped on Route 39 in the Town of Sardinia for alleged traffic violations about 10:45 p.m. Sunday.

Dylan J. Draper was charged with driving while intoxicated after it was found he had a blood alcohol reading of 0.17 per cent, more than twice the state’s legal limit, deputies said. Draper was also charged with aggravated unlicensed operation of a motor vehicle in the first-degree after it was found his driver’s license was suspended because of pending alcohol charges, the deputies added.

His car was impounded and towed away. He faces proceedings in Sardinia Town Court.

Jamestown police say woman made up story about assault and robbery

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JAMESTOWN – A woman will under go a mental health evaluation after falsely claiming that she was attacked from behind and robbed at knifepoint early this morning while jogging behind a West Harrison Street business, city police reported.

Police said the woman concocted the story as a result of an emotional issue she had suffered.

The woman initially reported that she was attacked from behind at about 4:40 a.m. by someone who hit her in the head with a rock. She reported her engagement ring and an iPod were stolen by a man who threatened her with a knife.

Police said their investigation is closed.

Motorcyclist charged with felony DWI in Orchard Park

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A motorcyclist who had been involved in a disturbance in Orchard Park subsequently was charged with driving while intoxicated, police reported today.

Officers responded Monday night to a disturbance reported on Vistula Avenue in the town. They learned that an intoxicated man had left the scene on a motorcycle, heading east on Lake Avenue.

The motorcycle was pulled over a short distance away. Police said its driver, Timothy Bonnas, 51, of Elma, failed field sobriety tests and, after his arrest, was taken to the police station, where he refused to submit to a breath test.

Bonnas was charged with a felony count of DWI because of a previous felony DWI conviction in 2005, police said. He also was charged with driving out of class because he isn’t properly licensed to drive a motorcycle.

Bonnas was in custody pending arraignment.

City of Tonawanda burglar OK’d for drug treatment program

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LOCKPORT – A City of Tonawanda man who took part in a North Tonawanda burglary last year was assigned Tuesday to the judicial diversion program for drug treatment by State Supreme Court Justice Richard C. Kloch Sr.

James K. Bender, 42, of Longs Avenue, pleaded guilty to attempted third-degree burglary. If he succeeds in diversion, his charge will be reduced to a misdemeanor with a probation sentence at worst. But if he fails, Bender faces up to four years in prison.

He and Robert B. Patrick, 30, of Vandervoort Street, North Tonawanda, entered a garage on Maple Terrace in North Tonawanda Feb. 21, 2013. Patrick pleaded guilty to the same charge as Bender, but was kicked out of diversion after being arrested for another burglary, and is now serving two to six years in state prison.

Man who was about to leave jail charged with punching inmate

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LOCKPORT – Rodriguez A. Bembo, who was to have been released from Niagara County Jail Thursday after completing a sentence in a drug case, was charged Tuesday with breaking a fellow inmate’s orbital bone with a punch on March 24.

Bembo, 42, of Washington Street, Lockport, formerly of Amherst, pleaded not guilty in State Supreme Court to second-degree assault. Deputy District Attorney Doreen M. Hoffmann said Bembo allegedly punched Antiwon J. Dunmeyer in the eye, ostensibly because Dunmeyer was being too loud while Bembo was trying to speak to his girlfriend on the telephone.

Bembo was sent to jail for violating probation on his guilty plea to a felony charge of selling cocaine un the City of Lockport twice in 2011. Dunmeyer, 33, of Buffalo, has been sent to state prison to serve 2 1/3 to seven years in a domestic violence case.

North Tonawanda man pleads not guilty in Dec. 5 garage break-in

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LOCKPORT – A man accused of burglarzing a garage on Eighth Avenue in North Tonawanda Dec. 5 pleaded not guilty to a three-count indictment Tuesday in Niagara County Court.

Assistant District Attorney Heather A. DeCastro said Leandro Bruno Jr., 27, of Eighth Avenue, was seen by the homeowner leaving the garage at another home on that street. DeCastro said the resident chased Bruno, who dropped stolen property along the way through some backyards onto Seventh Avenue, where the homeowner tackled him and fought with him as he was shouting for someone to call police.

Bruno, charged with third-degree burglary, fifth-degree criminal possession of stolen property and third-degree grand larceny, is free on $1,000 bail.

Family member is suspected in a Cambria break-in

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CAMBRIA – A window was smashed to gain entry into an unattached garage in the 3700 block of Ridge Road sometime between 10 p.m. Sunday and 6 p.m. Monday, according to Niagara County sheriff’s deputies.

The suspect took a $900 welder that was in the garage and a $400 iPhone that was sitting on a bench in the garage. Someone also kicked and damaged the hood of a 2006 Ford Mustang.

The homeowner told deputies that a family member who has been asking for money is suspected.

Six-year-old finds a piece of meat in an envelope in the mailbox

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LOCKPORT – Niagara County sheriff’s deputies were called to a home in the 4900 block of Sunset Drive after an envelope, containing meat in a refrigerator bag, was found in the mailbox on Tuesday.

The homeowners said their six-year-old granddaughter found the envelope in the mailbox at about 9 a.m. on Tuesday. The front of the envelope said, “To the best sister-in-law in the world [with a smiley face.] From Bob.” Inside the envelope was a baggie containing a partial piece of meat or poultry.

The homeowners told deputies that they don’t know anyone named Bob and have no issues with family members. They don’t believe the envelope was meant for them and called the Niagara County Sheriff Department regarding the suspicious package.


Jail time ordered in Cheektowaga home repair scam

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A man who failed to perform home repairs for a Cheektowaga resident who gave him $2,100 for building supplies was sentenced Tuesday to 90 days in jail.

Bernard P. Livsey, 48, of Westfield Road, Amherst, had contracted in 2010 to build a porch for a French Road resident, police said. He was given money for supplies but never bought them and never did any work, police said.

After numerous failed attempts to get him to return the money, Livsey was arrested in 2012 on a felony charge of grand larceny.

Livsey pleaded guilty to a misdemeanor count of attempted petit larceny and was sentenced Tuesday by Town Justice Paul S. Piotrowski, who noted that he violated a trust placed in him and had caused the victim a hardship.

Niagara Falls Police are enlisting national help to find a runaway girl

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NIAGARA FALLS – The National Center for Missing and Exploited Children had been called to help Niagara Falls Police in their search for a runaway 15-year-old girl.

Dalene Mcilwain, a habitual runaway, according to Niagara Falls Juvenile Detective Lorrie Alvarez, has been missing since Sept. 19. She frequently runs away to Buffalo, but called her mother last week, and then hung up, from a phone that was traced to Baltimore. Alvarez said they were unable to trace the phone. Baltimore police also searched for the girl without success.

Authorities believe she was in the company of an unknown adult male.

“There is no indication that she was abducted or taken away against her will,” said Capt William Thomson, chief of detectives.

Alvarez said the search has been hampered because they believe Mcilwain may be telling people she is 18 and using a false name. She also created a “fake Facebook” pretending to be her mother and saying she had been found so people would stop looking for her, said Alvarez.

McIlwain was 14 at the time of her disappearance and had black hair. Her hair may have been dyed gold. She has brown eyes, weighs 100 pounds and is 5-foot-2.

Anyone with information should contact Niagara Falls Police at 286-4711.

Lakewood man arrested on federal drug indictment warrant

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CELORON – A 48-year-old Lakewood man arrested here Monday is being held without bail in Federal custody in Buffalo in connection with a Federal grand jury indictment of his alleged operation of a marijuana factory near here.

Jeffrey Boardman of 288 Southland Avenue, Lakewood, was taken into custody here without incident Monday by a team from the Southern Tier Regional Drug Task Force, Federal DEA agents and Ellicott Town police officers.

He was arraigned in Federal Court in Buffalo on charges of conspiracy to manufacture 100 or more marijuana plants, conspiracy to possess them with intent to distribute them, distributing a quantity of a mixture containing marijuana and use and maintaining premises to manufacture, distribute and use marijuana. He was ordered held without bail.

Boardman was tied to an investigation conducted by the Southern Tier Drug Task Force.

Town of Niagara supervisor considering guilty pleas

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Longtime Town of Niagara Supervisor Steven C. Richards is considering pleading guilty Monday in the public corruption case against him, according to legal sources.

Meanwhile, Richards cleaned out his office this Monday and left the office keys on his desk, according to sources at Niagara Town Hall. Those sources said Richards has agreed to plead guilty, resign from office and make restitution.

The case is scheduled for further proceedings before State Supreme Court Justice Christopher J. Burns at 9:30 a.m. Monday in the Niagara County Courthouse in Lockport.

Scott Hateman of the Personius Melber law firm in Buffalo, which represents Richards, confirmed the Monday court appearance.

State prosecutors and defense attorneys met Tuesday with the judge in chambers in the Erie County Courthouse in Buffalo to discuss the case but did not go on the record after the meeting. The defendant was in the courtroom audience.

Richards did not return calls to comment.

Town Board members who asked not to be identified said they learned Richards would plead guilty to a charge reduced from a felony to an “A” misdemeanor that would require that he resign and make full restitution of about $1,000 by today.

Richards is expected to accept the plea in court Monday and be put on probation for an unknown length of time. Deputy Supervisor Danny Sklarski, who would replace Richards upon resignation, said he had heard that Richards moved out of his office, but he said he has not talked to him for a few days.

Richards, 60, who was first elected town supervisor in November 1995, had been scheduled to go to trial next week before Burns. He was charged last October in a 28-count indictment accusing him of engaging in practices as far back as 2001 to steal town goods and resources, including using town employees to do work for his family-owned company.

The charges included one count of defrauding the government, two counts of fourth-degree grand larceny and one count of fourth-degree criminal possession of stolen property – all felonies – as well as 11 misdemeanor counts of petit larceny and 13 misdemeanor counts of official misconduct.

In February, the judge dismissed one of the grand larceny counts and two of the misdemeanor counts after Assistant State Attorney General Diane LaVallee told him that prosecutors consented to the dismissal because the statute of limitations for those charges had expired.

In March, the judge dismissed two more charges of official misconduct – one alleging that from March 2002 to March 2012, Richards possessed a shotgun that belonged to the town Police Department and the other alleging that he possessed a generator owned by the Police Department from October 2011 to March 2012 at his home or Richards Motor Service, a Town of Niagara auto repair business operated by Richards and his family.

The judge ruled that the indictment failed “to establish the elements necessary for a charge of official misconduct.”

Burns also limited the charge of defrauding the government to Richards’ activity on or after Feb. 12, 2010.

The judge rejected requests from Richards’ defense attorneys to dismiss 11 other counts. It is not clear which of the remaining 23 charges would be involved if a guilty plea were entered Monday.



News Niagara Correspondent Thad Komorowski contributed to this story. email: jstaas@buffnews.com

Grand Island man accused of fleeing DWI crash at 100 mph

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A driver who fled the scene of an accident on Grand Island at a speed of 100 mph was later stopped and is now charged with driving while intoxicated, reckless driving and other motor vehicle violations, the Erie County Sheriff’s Office reported this morning.

Tyler J. Rice, 40, of Grand Island, was involved in a property damage accident on Whitehaven Road early this morning, but then fled away at a speed of 100 mph in a 45 mph zone, deputies said.

Deputies did not say how they caught up with Rice but when they did, they said he refused a breath test to determine his blood-alcohol content.

Rice also was charged with unlawful possession of marijuana and multiple, unspecified vehicle and traffic violations. He was taken to the county Holding Center pending arraignment in town court.
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