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Five injured in fiery crash on Clinton Street

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At least five people were injured Saturday afternoon in a two-vehicle crash in the city’s Emslie neighborhood.

The crash happened at about 3 p.m. on Clinton Street, near Lord Street, said Buffalo police spokesman Michael J. DeGeorge. The two vehicles were traveling west on Clinton, when they sideswiped each other while one was trying to pass, DeGeorge said.

One of the vehicles went airborne and struck a bridge abutment before bursting into flames.

The two males in the vehicle that started on fire were taken to Erie County Medical Center.

At least three others were in the other vehicle and taken to Buffalo General Hospital with non-life threatening injuries, DeGeorge said.

Hamburg police pull driver from Lake Erie after crash

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A man found a creative way to escape authorities on Saturday.

He jumped in the lake.

But Hamburg police outsmarted him when they waded him out.

The incident began as a one-vehicle crash shortly before 3 p.m. Saturday on Old Lake Shore Road, near Crescent Terrace along the shores of Lake Erie.

The vehicle went off the road and over a guard rail into a small ravine, said Hamburg Capt. Peter Dienes.

Upon arrival of officers, the driver of the vehicle fled down a path to the beach and started walking north, Dienes said.

“As our guy was making his way toward him, he fled,” Dienes said. “We believe the accident was related to alcohol, so that’s why he left.”

Police tried to catch up with him on the beach.

“Once they got fairly close, he decided to go into the water,” Dienes said.

Officers waded into the lake to retrieve the man, but he continued to swim farther out.

“We didn’t want to cause a situation where he could drown, so we backed off,” Dienes said.

Police tried to wait him out, but eventually the Erie County sheriff’s helicopter was called in to help.

“Once the helicopter got there, he became distracted with the helicopter and that’s when we were able to grab him and take him into custody,” Dienes said.

Police were in water about chest high when they finally grabbed the man. The entire incident happened over a period of about 45 minutes, the captain said.

The man is being charged with leaving the scene of an accident, and more charges are pending, Dienes said.

He was taken to Erie County Medical Center for evaluation, as was a passenger in the vehicle who was injured, Dienes said.

Their conditions were unclear Saturday night.

Police were still sorting out the charges and identities and did not release the name of either the driver or the passenger.



email: jrey@buffnews.com

One killed, two hurt when car hits pole

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One person was killed and two people seriously injured when their car hit a power pole this morning in Lewiston.

The identities of victims, all females under the age of 21, were not released pending notification of relatives.

State Police Lt. Kevin Barnas said the accident occurred about 6 a.m. on Walmore Road on the Tuscarora Reservation. The vehicle carrying the three victims was northbound on Walmore when it went off the east shoulder of the road and hit the power pole and flipped over several times, ejecting all three occupants, Barnas said.

One of the occupants was pronouced dead at the scene. The other two were airlifted to Erie County Medical Center, where one was listed in critical condition and the other listed as stable early today.

The accident was still being investigated by members of the State Police Reconstruction Team and the State Bureau of Criminal Investigation, who were still at the scene late this morning.

Falls man shot to death outside home

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A 37-year-old Niagara Falls man is dead after being shot outside his home early today.

Niagara Falls police officers who were called to the scene of the shooting at 4:52 a.m. found Joseph Medley Sr. lying on the ground in the 1300 block of Ashland Avenue. Medley had suffered a gunshot wound to his upper body and was pronounced dead at Niagara Falls Memorial Medical Center a short time later.

Niagara Falls Police Department detectives this afternoon had no further information regarding a motive or suspects in the shooting. The department is asking that anyone with information about the case call 286-4553.




Victims of fatal Lewiston car crash named

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State Police on Sunday released the identities of three victims in a fatal Lewiston car crash.

Jasmin P. Dubuc, 19, of Cayuga Drive in Niagara Falls, died at the scene of the accident. She was a passenger in the vehicle, which was traveling northon Walmore Road when the driver failed to negotiate a curve. The vehicle drove off the east shoulder, struck a power pole, and then rolled over several times.

Dubuc was ejected from the vehicle along with the driver, Taylor J. Clause, 18, of Walmore Road, Lewiston, and Jasmine A. Rickard, 18, of Upper Mountain Road, Sanborn. Clause also suffered extensive injuries and was airlifted to Erie County Medical Center, where she was listed in critical condition Sunday. Rickard also suffered injuries. She, too, was transported to ECMC by Mercy Flight, and was later released.

State Police, who investigated the early morning crash, said none of the victims was wearing a seatbelt at the time of the accident.

Victim in Town of Cambria motorcycle crash identified

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The Niagara County Sheriff’s Department on Sunday released the name of man who died in a motorcycle crash Saturday in the Town of Cambria.

Christopher E. Rowland, 46, of the Town of Wilson lost control of the motorcycle he was riding, veered off Plank Road and struck a wooden post, along with several other objects. The motorcycle continued south on Plank Road for another 75 feet before coming to a stop. Rowland died at the scene.

Lockport fires back in lawsuit on city ramp demolition

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LOCKPORT – Battle lines have been drawn in a lawsuit between a contractor and the City of Lockport over the opening of bids for the demolition of the city’s downtown parking ramp.

The city’s attorney filed papers in State Supreme Court last week, attempting to contradict the version of events given by Scott Lawn Yard, a Sanborn company, in its lawsuit, which is to be heard Thursday by Justice Richard C. Kloch Sr.

The city’s paperwork includes an affidavit from Judy L. Ritchie, senior account clerk in the Engineering Department, identified for the first time publicly as the city employee who allegedly told Scott Lawn Yard’s representative that he had to deliver his bid for the job in Buffalo, not at City Hall as the bid instructions stated.

However, Ritchie denied sending Christopher Juliano, the Scott employee, to the offices of Conestoga-Rovers & Associates, or CRA, the engineering firm handling the design work for the city.

Corporation Counsel John J. Ottaviano acknowledged Friday that by challenging Scott’s version on factual as well as legal grounds, it might cause Kloch to take testimony in a hearing that could delay the demolition even more. The city had hoped to have the ramp removed and replaced by a 42-space surface lot by late July.

Ritchie’s version says she entered City Hall after her lunch break at about 1 p.m. April 5, bid opening day, and found a man who asked whether she was from the Engineering Department. Ritchie said that she was and that the man, later identified as Juliano, told her that he had just left a bid package on her desk. Ritchie then said CRA was handling the project. She asked Juliano whether he had the company’s phone number, and he said he did. Ritchie found no bid package on her desk and ran outside to try to find Juliano, but he had left.

The lawsuit filed by Scott said Juliano drove to CRA’s Buffalo office and was told the bids were supposed to have been delivered in City Hall by 2 p.m. Juliano was unable to make it back in time, and Scott’s bid was marked late and rejected, even though it was $190,000 less than the lowest of the other nine bids.

“None of the other nine bidders had a problem with following the written bid specifications. None of the other nine bidders needed to ask anyone in City Hall questions about where and when to deliver their bids,” Ottaviano wrote in his legal brief.

He also said the CRA engineers who opened the bids at City Hall noticed that Scott’s form had several white-outs, including the amount of the $987,000 bid, which was written in by hand.

On April 10, the Common Council awarded the contract to Empire Dismantlement of Grand Island for $1.17 million. Scott went to court and obtained a temporary restraining order from Kloch, barring any demolition work until the lawsuit is decided.

Scott’s attorney, John P. Bartolomei, did not return a call seeking comment Friday.

The five-level, 260-space parking ramp at Main and Pine streets, which opened in 1975, was closed in 2006 because of deteriorating concrete.



email: tprohaska@buffnews.com

Homicide suspected in Kenmore tavern owner's death

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The owner of a popular tavern in Kenmore was found dead Sunday in his home, and Kenmore police said the death is being investigated as a homicide.

Vincent J. Cottone, 62, was found dead in his Landers Road home at about 11 a.m. Sunday, according to Kenmore police.

Cottone suffered “blunt force injuries,” Police Chief Peter J. Breitnauer said in a short news release that gave no other details about what happened.

Breitnauer said the Erie County District Attorney’s Office and Erie County Central Police Services Forensic Laboratory were helping in the investigation.

Cottone was the owner of Malone’s Bar & Grill, 3020 Delaware Ave., Kenmore.

He purchased Malone’s last August for $180,000 from its previous longtime owners, according to local real estate records.

Cattaraugus County man charged in crash that injured Jamestown man

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A Cattaraugus County man was charged over the weekend in connection with a car accident last Wednesday in New Albion that injured a Jamestown man.

Brian J. Snyder, 25, of Cattaraugus County told sheriff’s investigators that he had fallen asleep at the wheel and lost control of his vehicle while traveling north on State Route 353 at 6:06 p.m. Wednesday, causing him to collide with a southbound vehicle operated by Ryan T. Bradley, 33, of Jamestown. The crash caused Bradley’s vehicle to overturn. Bradley was airlifted to Erie County Medical Center for treatment of chest injuries he suffered in the crash.

Snyder, who was not injured, was charged with failure to keep right and is due in New Albion Town Court at later date.

Motorcycle checkpoint nets one DWI arrest

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A motorcycle safety checkpoint conducted by two local police agencies Sunday led to the arrest of an Angola man for driving while intoxicated.

Orchard Park police and the state police inspected more than 500 motorcycles on California Road in Orchard Park. During the checkpoint, police charged James Perry, 43, with DWI. A breath test later revealed he had a blood-alcohol content of 0.12 percent, according to police reports.

The officers issued 95 traffic tickets, including 55 for illegal helmets, during the afternoon checkpoint.

Agents confiscate fake goods

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A federal crackdown on counterfeit goods continued Monday with a search at the Boulevard Mall in Amherst and Walden Galleria in Cheektowaga.

Federal agents conducted searches of eight kiosks at the two malls and confiscated what they believe are 1,000 fake iPhone accessories.

James C. Spero, special agent in charge of the Buffalo office of Immigration and Customs Enforcement, Homeland Security Investigations, said the searches occurred after undercover agents purchased goods from the kiosks.

“This is not a victimless crime," Spero said. “The victims are American businesses and ultimately American workers.”

Spero said no arrests were made but the investigation is continuing.

The searches followed a similar search Friday of a flea market in Cheektowaga that resulted in the confiscation of what agents believe are more than 200 fake handbags and 50 fake pairs of designer footwear.

Kenmore police say homicide wasn't 'random act'

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Homicide victim Vincent J. Cottone’s tavern in Kenmore was the site of three crimes – a burglary, a suspicious fire and a petit larceny – in the last two months, but Kenmore police aren’t sure whether any of those crimes were related to his weekend killing.

“I don’t believe this was a random act,” Kenmore Police Chief Peter J. Breitnauer said Monday. “Residents of the village of Kenmore should not be alarmed. I believe this was a possible acquaintance.”

Cottone died some time Sunday morning, an apparent victim of “blunt-force trauma,” Breitnauer said. No gun was used, but the chief would not discuss any other weapons used in the attack at the victim’s Landers Road home.

There was no sign of forced entry, police added.

Cottone, known to everyone as Jimmy, left his tavern, Malone’s Bar & Grill, at 3020 Delaware Ave., a few minutes before midnight Saturday. When he did not appear at a scheduled Sunday morning staff meeting, his employees kept calling him. After they spotted his truck in the driveway of his nearby home, one of the workers went there, where she discovered his body at about 11 a.m.

“She came out screaming,” said Toni Barone, Cottone’s first cousin. “She was hysterical.”

The bar was closed Monday afternoon and neighbors on Landers Road declined to comment out of respect for Cottone’s family. Crime scene tape and a police presence remained there for a second day.

Kenmore police confirmed three recent crimes at Malone’s:

• A March 26 burglary, in which $350 was found to be missing.

• An April 22 suspicious fire in a shed behind the tavern.

• A May 10 petit larceny.

Breitnauer was asked whether his investigators believe any of those crimes are connected to the killing.

“I’m not going to say anything,” he replied. “It’s all part of an ongoing investigation. We’re going to look at everything.”

One of the crimes led to the discovery of a key in the front-door lock, as claimed by relatives and confirmed by Breitnauer. Relatives said Cottone asked to see each of his employees’ keys; one of them claimed to have lost the key, and that worker was fired, relatives said.

“I know there have been people let go,” Breitnauer said. “Would I term any of them a person of interest or a suspect now? No.”

Family members say they can’t make sense of the killing of a conscientious hard-working man known for putting in long days at his tavern.

“Jimmy was the nicest, easygoing guy,” Barone said. “He was just an outgoing person. He’d give you the shirt off his back.”

She recalled telling him that she wanted new hardwood floors in her home but couldn’t afford the labor. So Cottone, who liked to buy and remodel homes, did the work himself.

“I didn’t even have to ask him,” she said.

People in the Kenmore business community remembered Cottone as determined to be a good neighbor on busy Delaware Avenue by creating a clean, inviting atmosphere at his bar — even if it meant doing the work himself.

“The first week he was here he took every piece of equipment out of the kitchen, put it in the parking lot and power-cleaned the kitchen,” said Joe Carriero, owner of Malone’s neighbor Marco’s Italian Deli. “He wouldn’t even cook until it was clean.”

After realizing the suspicious shed fire wasn’t covered by insurance, Cottone and a friend bought lumber and rebuilt it, he said.

Cottone stopped in at Marco’s late Saturday afternoon for a bowl of soup, Carriero said, and the two men had plans to cross-promote each other’s businesses with coupons.

“I lost a guy I considered a friend,” he said.

Melissa Foster, founder of civic group Kenmore Village Improvement Society, said she was thrilled with the improvements Cottone was making to his bar including flowers on the patio, large mirrors and dividers inside and an expanded kitchen.

“I went in one day and he himself was personally covering the bar stools in new fabric,” she said. “This is how concerned he was with the comfort of the people who go there.”

“He wanted it to be known as a friendly place and as really a Kenmore gathering place,” she said.

Family members suspect the killer may have been involved in at least some of the recent crimes at the bar, but they don’t understand why Cottone had to be killed.

“If you want to rob somebody, why would you have to kill him?” Barone asked. “And we heard it was very brutal.”

Relatives also identified Cottone as the biological uncle of Carly Collard Cottone, founder of Carly’s Club for Kids, a group founded to offer support programs for children and their families affected by cancer. The 8-year-old Carly was diagnosed with brain cancer in October 1999; she died three years later.

email: gwarner@buffnews.com and jpopiolkowski@buffnews.com

Westfield home destroyed by gas leak

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WESTFIELD – The destruction of a home at 8131 McKinley Road here in a natural gas explosion remained under investigation Monday evening by the Chautauqua County Fire Investigation Team.

Nobody was home when non-odorized natural case that was pumped into the home through an old private gas well exploded at 10:53 a.m. Monday. The Westfield Fire Department handled the fire and called in the fire investigation team to determine the cause, which appeared to be a gas leak in the basement. No estimate of the damage was released by authorities.

Lockport man injured in shooting on South Transit Street is expected to survive

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LOCKPORT – Police were looking for a suspect or suspects in a South Transit Street shooting early Monday morning.

Raymond T. Johnson, 31, suffered multiple gun shot wounds, but he walked from the shooting scene in his apartment at 143 South Transit Street to a nearby 7-Eleven at South Transit and High street to get help.

“He staggered in and told a clerk, ‘I’ve been shot’ and then just collapsed on the ground, where we found him,” said Lockport Police Chief Lawrence M. Eggert.

Eggert said Johnson was found at 12:20 a.m. and was taken by Mercy Flight to Erie County Medical Center. He was taken into surgery Monday morning and was expected to recover, according to Eggert.

Eggert said police have little information on the cause of the shooting or names of any suspects.

He said anyone with information should contact the Lockport Police Department at 433-7700 or the tipline at 439-6723.

Two hikers rescued in Whirlpool Gorge in Ontario

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NIAGARA FALLS, Ont. – Two hikers who became lost in the Whirlpool Gorge were rescued by the High Angle River Team of the Niagara Parks Police Service of Ontario about 3 p.m. Monday.

The High Angle team rappelled into the gorge near Thompson’s Point and located the hikers who had left the marked trail. Neither was injured, and they were reunited with family members.

The police service stressed that hikers in the gorge should stay on marked trails, wear suitable clothing and footwear, have a cell phone with them, carry water and energy bars, avoid hiking in the dark, never hike alone and always tell someone where they are going.

Pegula among those targeted by threats in extortion scheme

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A California actor has admitted taking part in a scheme to extort money from Buffalo Sabres owner Terry Pegula.

Vivek Shah, 25, of West Hollywood, pleaded guilty in a West Virginia federal court earlier this month as part of a deal that could land him in prison for up to 87 months.

The details of Shah’s plea deal are still unknown – the agreement has been sealed and the parties are under a court-mandated gag order – but the Associated Press has reported that he pleaded guilty to one count of transferring threatening communications through interstate commerce and seven counts of mailing or sending threatening communications through the mail.

Shah, who was set to go on trial this month, was accused in August of sending letters that threatened to kill the relatives of his targets if he did not receive millions of dollars.

Federal prosecutors say he also targeted film producer Harvey Weinstein and West Virginia coal magnate Christopher Cline as part of “a multimillion-dollar extortion attempt.”

Shah was arrested in August while visiting his family in a Chicago suburb and then held in custody in West Virginia.

“He’s a good kid; he’s an actor,” Patrick E. Boyle, his lawyer, said at the time of his arrest. “He’s had small roles in movies and done television commercials.”

In the indictment against Shah, he was accused of sending a letter threatening to kill one of Cline’s relatives unless $13 million was wired to an offshore bank account.

Prosecutors said similar letters were sent to Pegula, Weinstein and others.

“In June and July 2012,” the indictment said, “law enforcement learned of four other extortion demand letters substantially the same as the one received by Mr. Cline.”

Prosecutors also say Shah had sought out handgun training shortly before he was arrested.

Pegula and the Sabres could not be reached to comment Monday.



email: pfairbanks@buffnews.com

Firefighters help bring resident to safety from Genesee County fire

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Volunteer firefighters from Pavilion rescued the owner and sole occupant of a home extensively damaged by fire late Monday night, Genesee County sheriff’s officials reported.

Firefighters responding to an 11:36 p.m. report of a structure fire at 6918 Hutchinson St., Pavilion, found the back half of the home on fire, before they helped bring Celia E. Milroy to safety.

The home was extensively damaged, and fire officials blamed misuse of electrical equipment for sparking the blaze.

Among the emergency crews assisting at the scene were firefighters from LeRoy, Stafford, York, City of Batavia, Bethany, Wyoming and Perry.

Dunkirk man admits filing tax returns for 122 dead people

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John M. Berry Jr. had a unique way of cheating the federal government – he filed false tax returns on behalf of dead people.

And not just a few.

Over a seven-month period, the Dunkirk man filed 122 federal income tax returns on behalf of dead people.

He also received $92,462 in fraudulent refunds.

Berry, 42, will have to repay that money as part of a plea deal today that could send him to prison for up to 46 months.

“This case should serve as a warning that our office, working with our law enforcement partners, will not tolerate attempts to either steal the identities of individuals, or the money of the taxpayers of this country,” U.S. Attorney William J. Hochul Jr. said in a statement.

Berry admitted his crime – he pleaded guilty to making a false claim against the government – during an appearance before U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Aaron J. Mango said Berry filed the fake returns in 2008 and 2009 after obtaining personal identifying information for the 122 recently deceased individuals.

He also made up fraudulent income and withholding information for the deceased before electronically filing the returns with the Internal Revenue Service.

“He has to take steps to make amends and that means restitution," said Tracy Hayes, the Federal Public Defender representing Berry.

Berry’s plea is the result of an investigation by the Criminal Investigations unit of the IRS.

He will be sentenced in August.



email: pfairbanks@buffnews.com

Ken-Ton teacher placed on leave in criminal investigation

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A teacher in the Kenmore Town of Tonawanda school district has been placed on administrative leave pending an investigation by authorities, police said Tuesday.

Town of Tonawanda police have been working with the school district and the Erie County District Attorney’s Office to investigate allegations of “criminal acts” committed by a Ken-Ton teacher, according to a press release.

Police did not provide any further details on Tuesday because of concerns that it would be detrimental to any prosecution.

“Not much more I can say,” Lt. Nicholas A. Bado said late Tuesday. “The main message is we’re taking appropriate steps to investigate the allegations made against a school teacher to see if there’s any credibility to them that would lead to charges.

“The school district basically just wants everyone – parents in particular – to be confident that the safety of the students was looked after by immediately placing this teacher on administrative leave,” Bado said.

Six persons rescued in two boating incidents

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Six persons were rescued by the U.S. Coast Guard’s Buffalo Station in mishaps on Lake Erie and the Niagara River over a 12-hour period from late Monday until almost noontime Tuesday.

At 11:27 p.m. Monday a search-and-rescue controller at the Buffalo station received a report of a 20-foot recreational vessel with two persons onboard taking water near the Erie Basin Marina. A rescue boatcrew on a 25-foot Response Boat was sent to assist, dewatered the vessel and side-towed it to the Erie Basin Marina. The owner of the vessel removed the boat from the water and secured it to his trailer.

At 11:28 a.m. Tuesday a rescue boat crew on a 25-foot Response Boat was sent to assist four persons whose 24-foot recreational vessel became disabled after apparently striking bottom in a low water point near the Bird Island Reef and was drifting near the Peace Bridge. The four persons were rescued and the disabled vessel was towed to Harry’s Harbour.

The names of the six rescued are not being released by the Coast Guard. The Guard warned boaters that water temperatures in Lake Erie are still cold enough to cause hypothermia and that boaters must become familiar with the area in which they are boating by having up-to-date navigational tools such as paper charts, U.S. Chart No. I and lights that can help boaters be aware of potentially hazardous areas.
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