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Owner of dog killed in drug raid says police targeted wrong apartment

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A West Side resident and Iraq War veteran with no criminal record is mourning the loss of his rescue dog who was fatally shot during a Buffalo police narcotics raid that apparently targeted the wrong apartment Monday night.

Cindy, a chocolate-brown 2½-year-old pit bull, was shot multiple times while chained up in the kitchen of Adam Arroyo’s apartment on Breckenridge Street near Grant Street, he said in a phone interview.

The search warrant that police left for Arroyo, who was not at home at the time of the raid, lists the upper apartment at the Breckenridge Street address, but there are two upstairs apartments at that address, and Arroyo insists that police targeted the wrong apartment.

The search warrant also states that the apartment is occupied by a “black male.” Arroyo is Hispanic.

After talking with neighbors, Arroyo has pieced together the sequence of events that occurred at about 8:30 p.m. Monday.

“They busted the door down, with a battering ram or whatever,” he said. “They came in, and within a few seconds of entering the apartment, they murdered my dog. They shot her multiple times. They had no reason to do that.”

Police late Tuesday said they would investigate any such claim.

“We’ll conduct an internal investigation into any allegations of wrongdoing on the part of the Police Department,” Chief of Detectives Dennis J. Richards said.

Richards confirmed that a search warrant was executed at that address by narcotics officers and that a dog was shot there.

“They went to the correct location for which the warrant was issued,” he added.

Richards later said detectives who were at the scene insisted that the dog was not chained or leashed in any manner before it was shot.

Arroyo’s landlord called him while he was at his job as a security officer to tell him that his apartment was being raided. He immediately rushed home.

“I saw all the blood and the bullet holes in the wall,” he recalled Tuesday. “I collapsed, and I just started crying. I couldn’t believe what was happening. I’ve been crying all day.”

Arroyo’s copy of the search warrant lists the names of Narcotics Unit detectives who were looking for crack cocaine in his apartment.

“They trashed the place,” he said. “It looks like a tornado hit it.”

One neighbor who was outside prior to the raid said she saw about half a dozen unmarked police cars, before roughly seven to eight officers entered the house.

“All I heard was gunshots. ‘Boom. Boom. Boom,’ ” said the woman who gave only her first name, Jen.

“Then I heard my friend say, ‘Wow, they shot his dog.’ ”

“I fought for this country,” he said. “I put my life on the line for this country. I got shot at so this could be a free country. And this is how I’m treated afterward?”

Arroyo said his dog had a great temperament and was a favorite of neighbors. Kids in the neighborhood used to come by to pet her.

Tuesday, he took Cindy to the SPCA Serving Erie County.

“I’m going to have her cremated, so she can always be with me,” he said.

email: gwarner@buffnews.com

Phony doctor pleads guilty to fraud

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A 53-year-old man from Dearborn Heights, Mich., who masqueraded as a hospital physician through much of the first decade of this century pleaded guilty Tuesday before Chief U.S. District Judge William M. Skretney to health care fraud. U.S. Attorney William J. Hochul Jr. said Fitzgerald Anthony Hudson faces a prison term of up to 10 years and a fine of up to $250,000 when he is sentenced Sept. 9.

Hudson dropped out of York University in Ontario in 1990 without getting an undergraduate degree and after a little medical school training in the West Indies got a job in the Warren Hospital Family Practice Residency Program in Phillipsburg, N.J., from July 2002 thrugh July 2003, when he was dismissed from the program.

He worked in the Emergency Department at Claxton-Hepburn Medical Center in Ogdensburg from February 2008 to June 2008 and worked in the Jones Memorial Hospital Emergency Medicine program in Wellsville from August 2008 to November 2009, during which time a 5-year-old boy died after being treated by him, a situation now part of an ongoing wrongful death civil lawsuit.

Speaking of Hudson, the U.S. attorney stressed that “each and every day, millions of Americans entrust their health to the care of trained medical professionals. By misrepresenting his background and education, this defendant put in danger the lives of those who came to him seeking emergency care. This office will continue to vigorously prosecute all fraud, particularly where such crime affects that which is most precious to us all – our health.”

email: mgryta@buffnews.com

Seven Bennett students arrested

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Seven Bennett High School students were arrested overnight for allegedly roughing up a city employee on May 16 at Shoshone Park, Mayor Byron W. Brown and Police Commissioner Daniel Derenda said Wednesday.

The students were involved in a scuffle at the park at approximately 3 p.m. when city worker, James LeGrand, 66, started shouting to the youths to stop the attack, officials said. The youths then turned on LeGrand, who is a member of the Mayor’s Impact Team. He was able to return to work the next day.

Pro-life group sues UB for allowing its demonstration to be disrupted

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A national pro-life group claims the University at Buffalo looked the other way during an on-campus counter protest that turned ugly.

The group, in a suit filed in U.S. District Court in Buffalo, accuses UB of violating the free speech rights of pro-life advocates who organized a rally and display outside the student union in April.

The Center for Bio-Ethical Reform, the pro-life group that sponsored the event, said the suit is designed to prevent the university and its police from condoning future protests against pro-life supporters.

“We intend to bring the display back to UB," said Robert Muise, a lawyer for the American Freedom Law Center, which is representing the group. “This suit is about protecting and preserving free speech."

The suit seeks no monetary damages but does ask the court to declare that UB violated the constitutional rights of two students – Christian Andzel and Matthew Ramsey – and the UB Students for Life group.

The group claims its rally, a university-approved event, was disrupted when pro-choice supporters showed up and began waving white sheets in front of the display and otherwise interfering with its pro-life message.

UB, in a statement, said it does not comment on pending litigation and referred the media to its policy about freedom of expression at on-campus events,

“As a public university," the statement said, “it is a fundamental value of UB that all members of the campus community and their invited guests have a right to peacefully express their views and opinions, regardless of whether others may disagree with those expressions."

The suit came just weeks after a Amherst town judge dismissed charges against a UB adjunct professor, who is pro-choice, stemming from her confrontation with university police at the same pro-life event.

The incident, caught on video and posted on the web, attracted national attention.

email: pfairbanks@buffnews.com

Depew woman admits selling prescription painkillers

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A 46-year-old Depew woman on Wednesday admitted illegally selling prescription painkillers, including one time near a school.

Debra Piatek, of Penora Street, admitted selling Suboxone pills to an undercover narcotics detective near Union East Elementary School, according to the Erie County District Attorney’s Office.

She pleaded guilty to two counts of fourth-degree criminal sale of a controlled substance and one count of criminal sale of a controlled substance in or near school grounds.

Piatek faces up to 27 years in prison when sentenced Sept. 4 by State Supreme Court Justice Christopher J. Burns.

The District Attorney’s Office said Piatek sold the pills to the detective on Sept. 28 near the school. She is also accused of selling the drug to undercover detectives on Oct. 22 and Oct. 23.

Defense lawyer Daniel P. Grasso said Piatek sold 20 pills in all during the three times she dealt with the undercover Cheektowaga detectives.

She was prescribed the pills to relieve the pain she’s had since a car accident, Grasso said.

She sold the pills as a way to make money to buy Christmas presents, Grasso said.

“There was no evidence that any of the drug sales were related to the school or for any students,” Grasso said.

She sold the prescription pills to the detectives each time at Walden Galleria - not realizing how close it was to the school, he said.

Burns did not offer her any sentence commitment.

Pop bottle 'bomb' found near Orchard Park school

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The discovery by officials of Orchard Park’s Windom Elementary School of a unexploded “pop bottle bomb” and several other detonated items at the back edge of the school property today has sparked an investigation by Orchard Park police.

No injuries nor damage was reported.

The “bomb” material was located this afternoon and police were immediately notified.

Police said Orchard Park Central School District and officials at the elementary school are cooperating in the investigation. Police and school district personnel will remain on the lookout for similar devices on or around school property in the towns. Police said anyone seeing a suspicious bottle anywhere should contact police and not try to pick up or move the item.

Anyone with information about the devices found at the Window Elementary school grounds is asked to contact Orchard Park police at 662-6444.

Clarence High senior killed in ‘horrific’ motorcycle accident after chase

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A graduating Clarence Senior High School student who was looking forward to joining the Marine Corps was killed in a “horrible,” high-speed motorcycle crash just before 9 a.m. Wednesday after he fled a state trooper.

The trooper stopped Patrick S. Conway, 18, on Main Street, just west of Sheridan Drive, for driving the high-performance motorcycle, sometimes known as a “crotch rocket,” without a license plate, authorities said.

As the trooper exited his vehicle, Conway sped away. The trooper began a pursuit that ended less than two minutes later and 1½ miles farther west on Main Street, near the Harris Hill Road intersection, in a fiery head-on collision with a 2009 BMW X6 car, according to state police and witnesses.

Conway, who was thrown some 50 feet from his Honda motorcycle, was killed instantly, according to police.

“We have numerous witnesses saying that the young man was going over 100 mph and weaving in and out of oncoming traffic in the eastbound lanes and at one point riding on the shoulder of the east side of Main Street,” a law enforcement official said. That area of Main Street has a 40-mph speed limit.

The trooper turned on his flashing lights and siren to begin the chase, authorities said, but was unable to catch up to the motorcycle.

One of the witnesses to the chase told The Buffalo News that he was filling up at a gas station by Shimerville Road when he heard the high-pitched whine of a speeding motorcycle.

“By the time I looked, he went by me in the blink of an eye, and then a trooper went by. The trooper was at a high speed, but there was no way he was going to close in on the motorcyclist. I thought to myself, this guy is as good as dead. There was no way he was going to avoid anything in his path. I rode a motorcycle for 20 years, and I know that at that speed, unless it is a wide-open road, there’s not going to be a successful ending,” the Clarence resident said.

After tanking up, he added, he drove west on Main and in the distance spotted “black smoke from the fire and people running out of their office buildings to the scene.”

Chiropractor Daniel C. Cox, whose office is on the 8300 block of Main, said he was with a patient when he heard a loud noise from the crash and rushed out to provide first aid.

“There was no movement. It was a horrible sight, just a horrible tragedy, and I’ve seen a number of terrible crashes, because I’m trained as an accident reconstructionist,” Cox said.

Diane Cox, who works in her son’s office, said she looked out a window after hearing a loud “boom” and screamed.

“Firefighters kept spraying the fire, but it kept coming back,” she said.

“Patrick was a very well-liked young man. He was kind and respectful. He was on track to graduate in a few short weeks and was really proud of his plans. He was on track to join the Marine Corps,” Smith said as the school community was trying to come to grips with the sudden loss.

“The biggest thing he was proud of was his enlistment in the Marine Corps. He was doing training with a local group of young people in preparation for boot camp,” Smith said. “Our school is deeply saddened, the teachers, the students, the support staff, and our thoughts and prayers are with Patrick’s family and friends.”

Emergency counseling from psychologists and guidance counselors was being made available to students and staff, the principal said, urging parents to talk with their children if they see signs of emotional distress over Patrick’s death.

Conway is the second Clarence High School student to die in an accident this spring.

On May 5, Alexander Hemline, 17, was killed in one-vehicle crash when his Jeep struck a tree in Clarence.

email: lmichel@buffnews.com

Three men plead guilty to home-invasion charges

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Three men accused of binding a homeowner and his wife with duct tape and brandishing a revolver during a Buffalo home invasion in December pleaded guilty to first-degree burglary and robbery charges, the Erie County District Attorney’s Office announced.

Admitting the crimes were Luis Ayala-Pizarro, 19; Carlos Morales-Alvarez, 21; and Kelvin Viera-Morales, 24, according to the District Attorney’s Office.

They pleaded guilty as charged, District Attorney Frank A. Sedita III said.

Upstairs tenants called police after spotting three men entering the 19th Street home Dec. 9.

Police surrounded the house and arrested the suspects, who hid upstairs. One of the defendants tried to escape out the back door but returned inside after being confronted by officers. Police recovered a .44-caliber revolver, which the defendants hid in a child’s playpen, according to prosecutors.

Authorities do not believe the three picked the house at random. However, the victims did not know the suspects.

The defendants face between five and 25 years in prison when sentenced June 27 by State Supreme Court Justice M. William Boller.

Sedita credited the police officers and neighbors.

“Because of the vigilance of the victims’ neighbors and the bravery of the police officers, tragedy was avoided, and three vicious thugs will go to state prison,” Sedita said in a statement.

email: citydesk@buffnews.com

Sisters to split $3.28 million settlement in death of parents

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LOCKPORT – Two Town of Tonawanda sisters, whose parents were killed in a 2007 crash on Niagara Falls Boulevard in Wheatfield, will share more than $3.28 million in a settlement of a lawsuit against a Utica trucking company and the City of Lockport.

Court papers filed Friday showed that Ashley C. Burgio, 28, and Jillian M. Burgio, 23, accepted a $5 million settlement. The $3.28 million, to be split equally, remained after legal fees and expenses.

The women’s parents, Randall P. Burgio and Rosanne M. Burgio, died Sept. 4, 2007, when the Toyota RAV4 that Randall Burgio was driving collided head-on with a tractor-trailer owned by Casa Imports of Utica and driven by James V. Nessia.

After impact, the Burgio vehicle was struck by a Lockport garbage truck, driven by Roger F. LaRoach, which had been following the tractor-trailer.

Randall, 55, and Rosanne, 49, of David Drive, Wheatfield, were killed, while their daughters, who were riding in the back seat, were ejected from the vehicle.

The family’s attorney, John J. Fromen Jr., said Ashley Burgio, who now is married with two children, underwent brain surgery for an open skull fracture and had numerous fractures to her limbs. Jillian, who is single, sustained fractures to her skull, jaw, nose, teeth, arm and spinal column.

Fromen said Randall Burgio’s estate needed a different attorney, Charles S. Desmond II of the firm of Gibson, McAskill & Crosby, because of a potential conflict of interest.

“The two girls and the mom had a cause of action against the dad if it was ever proven he was at fault,” Fromen said.

That key point – who was to blame for the crash – was the subject of a hearing last fall before State Supreme Court Justice Ralph A. Boniello III.

Casa Imports and the city sought summary judgment in their favor, claiming that Randall Burgio’s vehicle crossed the center line into the path of the trailer. They used a State Police accident investigator’s report to back up that contention.

Desmond said the plaintiffs’ elaborate reconstruction included purchasing vehicles exactly like those involved in the crash and hiring a retired state trooper as an expert.

He concluded that Nessia, the truck driver, was at fault.

Boniello denied the summary judgment motion and scheduled a trial in September. Meanwhile, the parties had a two-day mediation session with attorney James Morris of Rochester.

“The City of Lockport felt they had no legal responsibility because their garbage truck driver was faced with an emergency situation,” Fromen said.

“It was our position that the garbage truck was following too closely in violation of the Vehicle and Traffic Law,” Desmond said. However, no tickets ever were issued.

“Judge Boniello was instrumental in helping all sides to see the value of a settlement,” said Charles E. “Ted” Graney of the Webster Szanyi law firm, the city’s outside counsel.

The final package included $4 million from Casa Imports’ insurance company; $700,000 from the city’s insurer; and $300,000 from Randall Burgio’s auto insurance company.

email: tprohaska@buffnews.com

Lockport woman killed in head-on Amherst crash

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A 27-year-old Lockport woman whose car reportedly drifted into an oncoming lane of traffic at 3:15 p.m. Wednesday on Millersport Highway near the 990 was pronounced dead at the scene of the accident.

Amherst Police said the victim, Mallory A. Greene, drifted off the northbound lane of the highway and collided with the southbound vehicle driven by Thomas E. Flynn, 57, of Amherst.

Flynn was taken to Erie County Medical Center in Buffalo by Mercy Flight. Portions of nearby roadways were closed to traffic for several hours after the collision.

Flynn was still being treated Wednesday evening in the ECMC emergency room for serious injuries he sustained.

Amherst Police Capt. Patrick McKenna said witnesses reported that Greene’s vehicle began drifting out of its lane before the crash.

Firefighters from the Getzville and Swormville fire companies helped Amherst police.

Anyone with information is asked to contact Amherst police at 689-1311.

email: mgryta@buffnews.com

Eight youths charged in beating of man, 66, in Buffalo park

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Eight young people, all believed to be Bennett High School students, have been arrested in the beating of a 66-year-old man attacked last month when he tried to break up an argument between two girls at Shoshone Park.

Those arrested late Tuesday through Wednesday were part of a crowd encouraging the girls to fight. When James LeGrand started shouting for them to stop, he ended up knocked to the ground, punched, kicked and robbed of his cellphone and a digital camera that he had used to take photographs of the combatants and spectators.

LeGrand, who had been cleaning his car in the parking lot of the North Buffalo park, reported the 3 p.m. May 16 incident to police. An investigation was started, but progress was slow until last Friday.

That’s when a Buffalo police school resource officer obtained a cellphone video of the attack and passed it on to Northwest District detectives who, with resource officers, identified the attackers.

Jaquan M. Woodard, 18; Darvin Whitely Jr., 17; Quashaun Moore, 16; and Homer L. Barney Jr., 16, were identified as four of the attackers charged with third-degree assault and second-degree robbery. The name of a 17-year-old was unavailable, and the names of the three other arrested teenagers were not released because they are younger than 16 and are considered juveniles. More arrests are expected, police said.

Announcing the arrests at a news conference in Niagara Square later Wednesday, Mayor Byron W. Brown and Police Commissioner Daniel Derenda condemned the attack.

“Having seen the video two days ago, I was shocked by the violence,” Brown said, adding that LeGrand did not want to press charges “because he is someone who cares about young people.”

The mayor and district detectives convinced LeGrand that the attack could not be overlooked, and he agreed to let criminal charges move forward with his cooperation, according to Northwest District police officials.

LeGrand, who is employed by the mayor’s Impact Team, declined to comment on the case Wednesday evening.

Authorities said that in addition to shouting at the young people who were encouraging the altercation, LeGrand started taking pictures of them in the hopes that they would get the message someone was watching and that there could be consequences.

His good intentions backfired.

“Complainant then told the kids to stop fighting and was taking pictures of the kids fighting with digital camera, then complainant was struck from behind with closed fist to the right side of jaw, and complainant was bleeding and did have cuts and swelling to the face,” the police report stated.

When Derenda was asked if he found it upsetting that one of the individuals at the incident recorded it, the commissioner said, “In this case, we’re glad. The video helped in the arrests.”

People recording crimes, he said, “is the world we live in.”

School district officials and Brown said the actions of the students do not reflect most young people.

“While this incident is a police matter, we expect all of our students to be good citizens, on and off campus. The behavior in question is not at all indicative of the Bennett High School community or the majority of our students. As former principal of Bennett High School and currently as the community superintendent overseeing Bennett, we strive to instill these positive values with our students on a daily basis.”

email: lmichel@buffnews.com

Ticket-fixing charade in court is costly for ex-judge

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Louis P. Violanti was a Lackawanna City Court judge earlier this year when he orchestrated a courtroom charade to dismiss a ticket on behalf of a friend.

Violanti instructed a Lackawanna police officer to act as the ticketed motorist and ask for the dismissal.

What happened in the roughly 2 minutes of that sham hearing eventually would cost Violanti his judgeship.

“I was going to reappoint him,” Mayor Geoffrey M. Szymanski said. “Then, everything came down, and he had to resign.”

But the criminal breach of court conduct did not get in the way of Violanti’s appointment to another city job – as assistant city attorney with a $43,800 annual salary.

The job opened up when the mayor named his father-in-law, Norman A. LeBlanc Jr., who had been city attorney, to the judgeship that Violanti left.

Antonio M. Savaglio, who had been assistant city attorney, was promoted to city attorney.

That is often how hiring happens in Lackawanna for the politically connected.

Violanti’s new job lasted two months. After separate state and county investigations, he was criminally charged with official misconduct for fixing the traffic ticket.

He was forced to quit the assistant city attorney job, as a condition of a plea deal negotiated with the Erie County District Attorney’s Office, said District Attorney Frank A. Sedita III.

The case of official misconduct against Violanti, 40, was adjourned in contemplation of dismissal, a plea deal that means the charge will be dismissed if he stays out of trouble for a short time.

Violanti appeared May 3 in Buffalo City Court, where his case was moved to avoid any conflicts of interest in Lackawanna.

Szymanski confirmed Wednesday that Violanti has submitted his resignation letter. Violanti did not respond to a request to comment.

The mayor, who told The Buffalo News in March that Violanti wanted to step away from the judicial position in order to do more private legal work, acknowledged Wednesday that he knew about the sham proceeding that prompted Violanti to step down as judge.

Szymanski defended hiring him as the city’s assistant attorney, even though under normal circumstances Violanti would have been expected to prosecute cases in the same City Court where he had held the sham hearing Jan. 15.

“Lou was doing mostly just research,” Szymanski said. “He was not going in front of any judges.” Tony Savaglio was handling that, he said.

The mayor said Lackawanna has a small number of lawyers qualified for the job, which must go to a city resident.

“It was one incident,” Szymanski said. “Do I think this has ever happened before? No. It’s unfortunate.”

Violanti often serves as emcee at community events sponsored by the city, churches and nonprofit groups.

“He’s really popular. He’s always funny,” Szymanski said. “Everyone loves Lou.”

Violanti broke the law by the way he dismissed an expired-registration ticket given to Daniel E. Endress, of Hamburg, Sedita said.

“You just can’t fix tickets anymore,” Sedita said.

“It doesn’t work like that anymore. If you do it, you’re subject to criminal prosecution.”

Chief City Judge Frederic J. Marrano was supposed to handle the misdemeanor expired-registration charge against Endress. But Violanti arranged to preside over the case.

John S. Hruby, the Lackawanna police officer assigned to the courtroom, said he was following Violanti’s instructions when he pretended to be the defendant and handed paperwork to the judge during the court session.

Hruby could not be reached to comment, but he described to Sedita’s investigators what occurred.

“It was a stupid thing I did,” Hruby told the investigators, according to a transcript of his interview. “For 18 years I’ve been trained to follow orders. I basically did what I thought the judge told me to do.”

Did Violanti instruct him to pose as the defendant in open court?

“Yes,” Hruby told the investigators. “I went on the record, and said I was this Daniel. He told me to do that. I don’t know if it was a trial or what, but I pretended to be the person, and I handed up the proof.”

Hruby faces a possible 60-day unpaid suspension from the Lackawanna Police Department for his role in the sham proceeding, Szymanski said.

Endress’ Dec. 7 ticket likely would have been dismissed, if the case had been handled properly. At worst, it would have been downgraded to a parking ticket, Sedita said.

Endress’ registration was suspended because of a reported lapse in insurance. But his insurance did not actually lapse, Sedita said. A state Department of Motor Vehicles paperwork mix-up apparently led to the suspension, he said.

If Endress had explained the mix-up or showed a good-faith effort to fix the problem, Sedita said, the prosecutor likely would have dismissed the case.

Violanti was “essentially trying to fix a ticket that, ironically, never needed to be fixed,” Sedita said.

A clerk in the court, who was not present when Violanti dismissed the case, noticed a glitch in the paperwork. The clerk was surprised that the case was called because it was scheduled to be heard by Marrano at a later date.

The Office of the Inspector General for the state court system began investigating Jan. 24, Sedita said.

The sham started when Endress encountered Violanti at church after being ticketed and mentioned his upcoming court appearance to the judge, according to his statement to an investigator.

“Give me the ticket. I’ll take care of it for you,” Violanti told him, according to Endress’ statement.

The bogus hearing was recorded, so investigators could listen to what Violanti and Hruby said.

“Are you Mr. Endress?” Violanti asked Hruby.

Yes, Hruby answered.

“You came in today for what, sir?” Violanti asked.

Hruby, pretending to be Endress, said he had paperwork proving he had insurance.

“Let me see what you have,” Violanti said.

Hruby apparently handed over the paperwork.

“OK, thank you,” Violanti said. “What I don’t understand is why you’re here now?”

Hruby mentioned the high cost of the ticket.

Violanti then said he anticipated that the District Attorney’s Office would dismiss the ticket.

“I don’t think I’m out of bounds by dismissing this case in the interest of justice,” Violanti said.

Once investigators started asking questions, Violanti told both Endress and Hruby to explain what happened.

Sedita explained why he agreed to adjourning is case in contemplation of dismissal.“It’s his first offense,” Sedita said. “The investigations by the Office of Court Administration and my office indicated it was an isolated incident. There was no pattern of corruption or ticket fixing. It was a non-violent misdemeanor-level offense. As a condition of the plea, I made him resign from his public position. Nobody benefited from the offense.”Also, once investigators started asking questions about what happened, Violanti told both Endress and Hruby to tell the truth.“To his credit, he told them to tell the truth,” Sedita said.

In the past, ticket fixing might have been swept under the rug, but not so anymore, Sedita said.“We don’t sweep things under the rug,” he said.

email: plakamp@buffnews.com and jtokasz@buffnews.com

Police ID woman whose body was found in boat at Lake Ontario dock

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A heavily damaged boat drifted into a dock on Lake Ontario just east of Olcott Harbor Wednesday night, and when deputies looked inside, they found a dead woman.

She was identified Thursday morning as Saundra Burns, 62, of the Town of Lockport.

A caller initially reported to the Niagara County Sheriff’s deputies about 7 p.m. that the boat had washed up at the dock and that the vessel appeared to have a tarp on it. Upon closer inspection, the caller said the boat might be occupied.

When deputies arrived, they discovered Burns’ body and heavy damage to the boat’s bow.

What the boat hit and the circumstances surrounding the woman’s death remained under investigation Thursday.

The Sheriff’s Office was assisted at the scene by the Olcott Fire Company and U.S. Coast Guard.

email: citydesk@buffnews.com

Drag race nets DWI charge in Amherst

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A drag race on Transit Road in Amherst Wednesday night resulted in drunk driving charges against one of the drivers.

Erie County Sheriff’s deputies also arrested another man for felony drunk driving in a separate incident early Thursday morning.

Peterson and the driver of the other vehicle were released on appearance tickets.

Brandon M. Kuss, 31, of Alden, was charged with felony driving while intoxicated and multiple traffic infractions after a breath test revealed a blood level of .15, nearly twice the legal limit. The felony charge was lodged against Kuss because he has two prior convictions of drunk driving in the last 10 years. He was taken to the Erie County Holding Center to await arraignment.

Loaded gun found in man’s carry-on bag at Buffalo airport

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A Rochester man was stopped this morning at Buffalo Niagara International Airport after screeners noticed a loaded gun in his carry-on bag, airport officials reported.

The man, whose name was not released, was cited for disorderly conduct by Niagara Frontier Transportation Authority police after Transportation Security Administration screeners noticed the .380 caliber handgun, which was loaded with six rounds; it was confiscated by the FBI, officials said in statement. The man missed his flight to Orlando, Fla. but was allowed to rebook on a later flight. Airport operations were not affected.

Airline passengers are permitted to travel with firearms only in checked baggage. They must be stored properly and not loaded.

Death of Lockport boater deemed accidental

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OLCOTT – The woman found in her heavily damaged boat that washed up Wednesday night just east of Olcott Harbor died as a result of injuries suffered in a boating accident, according to the Niagara County Sheriff’s Office.

Authorities believe Saundra Burns’ boat struck something in Lake Ontario as she was boating alone at night. She was last seen at the harbor Tuesday night.

“She struck something pretty hard,” Niagara County Sheriff James R. Voutour said. “The damage is low on the boat, as if she struck something that may have not been visible, just below or at the surface of the water. What she struck, we don’t know.”

Voutour said authorities will look for transfer from the boat on rocks and piers. “There’s also some trees down there in the lake and other objects,” he added.

He said there was a lot of damage to the steering wheel, which indicates she struck her head and chest as she was thrown forward.

The autopsy indicated her injuries were consistent with striking an unknown object and there was nothing suspicious, Voutour said.

The 62-year-old Lockport woman’s body was found by Niagara County sheriff’s deputies at about 7 p.m. Wednesday after a caller in the 6100 block of Lake Road reported finding Burns’ boat had washed ashore and into a dock on Lake Ontario.

When deputies looked inside, they found the body.

Burns, who lived alone, owned the boat, Voutour said. Family members told investigators she had a slip at Olcott Harbor and that she often went boating alone at night to watch the sunset and to putt around.

Voutour said investigators determined she had been out on the lake at night because the boat’s lights were on when it was found.

Authorities don’t know exactly when she went out on the lake, but Voutour said her car was found parked at Olcott Harbor. Her damaged boat washed ashore half a mile from the harbor, he said.



email: nfischer@buffnews.com

Convenience store robbed at gun point in Falls

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NIAGARA FALLS – A 7-Eleven at 2620 Niagara St. was robbed at gun point by a masked man early Thursday.

The clerk at the store, which has been robbed in the past, told police there is usually only a maximum of $30 in the cash register.

According to police a black male, approximately six foot, two inches, 140 pounds, wearing a black mask, a gray sweatsuit, armed with a 9 mm handgun, pointed the gun at the store clerk and demanded, “Give me all the money out of the drawer – all of it.”

The clerk said he handed over the cash and the suspect took the money, put it in his pockets and then ran out of the store, heading westbound.

Two more arrested in Shoshone Park beating

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Two more Bennett High School students have been arrested in connection with the May 16 violent assault on a 66-year-old man at Shoshone Park. The arrests bring the number of students charged to 10.

In what police called the final arrests in the case, Edward Magby, 18, and Damari Phillips, 17, were both charged with second-degree robbery as were the eight other suspects in the mid-afternoon attack.

Police took advantage of cell phone video filming of the assault on the victim who had been trying to break up a fight among other youths in the park about 3:30 p.m. that day.

Charged earlier in the case were Jaquan Woodard, 18; Quashaun Moore, 16; Homer Barney Jr., 16; Darvin Whitely, 17; Rashawn Rivera, 17, and three younger boys who police will not publicly identify.

The investigation was headed by Northwest District Detective Carl Lundin.

New NFTA police smart phone app is in use

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The Transit Police of the Niagara Frontier Transportation Authority today began making use of a new smart phone application designed to let people instantly report suspicious activity at NFTA locations directly to a dispatcher at the NFTA police communications center.

The app works for people on a Metro bus, a train, in a rail station, at the Buffalo and Niagara Falls airports and at the NFTA Boat Harbor.

Transit Police Chief George W. Gast said his department is only the fourth law enforcement agency in the country to implement such a smart phone app for public transit and the first department to use it for aviation and marine situations.

“We are always looking for new tools to empower people to help keep our transportation facilities as safe and secure as possible,” Gast said. “With this customized NFTA app we are empowering everyone to be our eyes and ears and it all comes down to ‘If You See Something, Say something,’” he added.

Android and iPhone users can download the NFTA “See Say” application free of charge at nfta.com/police or the iTunes app store.

Owner of Roxy’s sentenced today

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Julia Greenwood, 42, the owner of the popular Roxy’s Bar on Main Street in Allentown, was placed on probation by Erie Count Kenneth F. Case today for five years and ordered to remain drug and alcohol free. On Dec. 20 she pleaded guilty to fourth-degree grand larceny and petit larceny counts for writing $4,450 in phoney bank checks and for and using the credit card a patron dropped in her establishment to make $818 in personal purchases.

The judge told Greenwood, who has reportedly already made full restitution to the victimized female patron and for the bank fraud, that he knew Greenwood’s bar ran into financial troubles after another owner pulled out but that did not justify her actions.

Greenwood, who still faces possible action by the State Liquor Authority which could revoke her operating license, told the judge she regrets her actions.
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