Triple shooting on East Side leaves driver dead as car hits house

By T.J. Pignataro NEWS STAFF REPORTER

Updated: April 09, 2010, 12:05 am /
Published: April 09, 2010, 12:02 am

Police early today were still sorting out the details of a triple shooting that resulted in the death of one man driving a vehicle that crashed on the city's East Side.

The shooting occurred about 10:30 p.m. Thursday near the Polish Community Center of Buffalo at Paderewski Drive and Playter Street.

Within moments, Buffalo police fielded reports of man shot near Sweet Avenue or Playter, the crash of a car into a house in the 300 block of Paderewski and then another shooting on Playter.

Chief of Detectives Dennis J. Richards confirmed late Thursday that a 27-year-old man, who was the driver of the car, was struck fatally after shots rang out on Sweet.

A 5-year-old girl in the rear seat of the vehicle was shot in the leg. Her injuries were described as not serious. A third person, a 10th Street man, was also reported shot in the leg, in the 100 block of Playter Street. It was unclear where that victim was when shots were fired, police said.

"All of this stems from the same incident in the vicinity of Paderewski and Sweet," Richards said.

Buffalo homicide investigators and officers from the Mobile Response Unit and Ferry-Fillmore District remained at the scene early today, "sorting out who's who and what's what," Richards said.

Names of the victims were unavailable.

It is the city's fourth homicide this month and 12th of the year.

tpignataro@buffnews.com

Man wounded in shooting at Langfield complex

BUFFALO NEWS Updated: April 09, 2010, 6:45 am /
Published: April 09, 2010, 12:30 am

One person was shot late Wednesday night in the Langfield public housing complex, according to Buffalo police reports.

The victim, Willy Woods, no age or address listed, told police that an unknown male shot him with a shotgun at about 10:30 p. m. and then fled the scene on Sun Street.

Woods was treated for wounds to his left hand and right thigh in Erie County Medical Center.

Northeast District police are investigating.

Buffalo police probe late morning homicide

BUFFALO NEWS Updated: April 06, 2010, 12:08 pm /
Published: April 06, 2010, 11:53 am

Responding to a call of a shooting on the 300 block of Davidson Avenue at 9:45 a.m. today, Buffalo police found the lifeless body of a 23-year-old man in the street in the Kensington Avenue-Eggert Road neighborhood, authorities said.

The man suffered gunshot wounds to the upper body, according to police spokesman Michael J. DeGeorge. The victim's name is not being released at this time, pending notification of his family.

An autopsy is scheduled to be conducted Wednesday morning at the Erie County Medical Examiner's Office.

Homicide detectives were summoned to the scene after Northeast District police initially answered the 911 call for help. A motive for the killing remains unclear at this point, DeGeorge said.

Police are appealing to the public to come forward with any information or to call the confidential TIP-CALL line at 847-2255

Frank Battaglia's drug dealing came to an end when he was arrested on May 4, 2006, at his Lovejoy apartment.

Buffalo News file photo

Aren't the drug kingpins replaced?

First of a two-part News series: Arresting a street dealer removes a big fish, but overall problem persists

By Dan Herbeck and Lou Michel

BUFFALO NEWS STAFF REPORTERS

Updated: April 05, 2010, 10:12 am /
Published: April 05, 2010, 7:09 am

The sun was just coming up on May 4, 2006, when the cops put the hammer down on Frank "Fat Frank" Battaglia, the drug kingpin in the Lovejoy section of Buffalo.

About 20 heavily armed Buffalo police officers and federal agents stormed into his apartment on Willett Street. They arrested the corpulent dealer in his bedroom — festooned with posters of Tony Montana, the homicidal drug kingpin from the movie "Scarface."

Battaglia, then 24, and 14 alleged associates were arrested. All but one were convicted of federal drug crimes. Six got probation, and the others were sent to federal prison, where Battaglia still resides today, serving out a sentence of seven years and three months.

Nearly four years later, police and many community residents consider the drug bust a success. They say the investigation put Lovejoy's biggest pusher — a man whose drug dealings hurt many families — out of business.

"I've been in this neighborhood all my life. Fat Frank was one of the heaviest drug dealers we've ever had here," said Art Robinson, 56, a Vietnam War veteran and community activist. "All I know is, Frank hurt a lot of families. He didn't care who he sold dope to, or how they got the money to buy it."

But did the prosecution provide any long-lasting benefit to Lovejoy?

That's a tricky question. This much is clear: Lovejoy's drug problem didn't go away when Battaglia did. Drug addiction — and the criminal activities related to it — still remain a serious problem, according to those who live there.

Not long after Battaglia's arrest, other pushers — smaller, less flashy operators — moved in to supply crack cocaine, heroin and other drugs to people who still crave them.

A few weeks ago, police busted a drug house in the 1200 block of Seneca Street, near a community center where children play each day. Robinson said young people have been taking drugs in a clubhouse at the Milton Street playground.

"It's one thing to bust the dealers," said Common Council Member Richard A. Fontana of the Lovejoy District, who is thankful that the cops took down Battaglia. "But if you're not providing enough help to the drug users, they'll find someone else to buy from."

The same scenario plays out in many other Buffalo neighborhoods where small armies of cops move in for a day, arresting drug dealers by the dozens, only to have them replaced by new drug dealers.

The continued demand for drugs and the willingness of a fresh crop of dealers eager to replace those who have gone off to prison raise some serious questions:

• How much do major drug investigations cost taxpayers? In an age of dwindling funds, is the investment worth it?

• If such investments are not cost-effective, what would be the cost to society of allowing drug dealers to run rampant?

• Would better drug-treatment programs dry up the demand for pushers such as Battaglia?

• Is the drug war — which costs $15.5 billion for the federal government alone — a nationwide exercise in futility?

"It seems like we are on a treadmill, trying to chase [drug dealers] down. We find ourselves rotating around the city. When you put one away, it seems there is somebody ready to step in," said Lt. Paul R. Delano of the Buffalo Police Department's Narcotics Squad.

Source of frustration

"One thing I've realized in 23 years as a prosecutor is that the criminal law enforcement system is only part of the solution to the drug problem," said U.S. Attorney William J. Hochul Jr. "It's not the whole answer. Our public health system, the education system, families and the faith communities all have roles to play."

As for the residents of Lovejoy — an East Side working-class neighborhood with about 7,000 people — they're glad that the police rid them of Fat Frank and his crew. Many are thankful that a small army of 150-plus cops showed the dealers that they do not own Lovejoy.

But the fact that the drug problem still exists there is a source of frustration for some, including Marcia Ciapa of East Lovejoy Street. Her son, Samuel, 23, was killed in 2002 because of his involvement with drugs.

"[Drug abuse] is a problem that seems like it's never going to go away," she said. "Once Fat Frank was gone, others stepped right up to take his place. Drugs are still out of control in this neighborhood, ... but you have to keep trying."

Police believe that a dispute with drug dealers — not Battaglia — led to the murder of Samuel Ciapa, who was strangled, stabbed and dumped in a reservoir in Sloan in August 2002. Her son had problems with drugs for years and repeatedly tried to get off of them, his mother said.

"Frank and Sammy knew each other since they were kids. ... Frank's own father was murdered by drug dealers," Ciapa said.

"I asked Frank once, "How can you live with yourself, selling drugs to kids?' He just laughed at me."

Investigators from the U.S. Drug Enforcement Administration described Battaglia as a brazen pusher feared by many. Cops said Battaglia acted as if he owned Lovejoy while he cruised around in a big blue Lincoln Continental, using his cell phone to bark out orders to the many small dealers working under him.

The month before he was busted, cell phone records showed, he had made more than 10,000 calls. Working the phones paid off. On some days, he and his crew would take part in more than 50 drug deals.

At one point, Battaglia was making more than a million dollars a year selling drugs, prosecutors from the U.S. attorney's office estimated. They said he slept with a loaded shotgun next to his bed and had an electronic alarm system installed in his apartment.

In May 2008, Battaglia — after losing 170 pounds in jail — took a plea deal. Admitting to a felony charge of running a continuing criminal conspiracy, he apologized to the judge, his family and the community.

"He has turned his life around," said Battaglia's attorney, Rodney O. Personius.

Battaglia could be back on the streets less than two years from now, according to court officials.

Going to prison is a risk most dealers are ready to take, according to Tommy, a former drug dealer and gang member.

A Buffalo resident in his 20s who joined a gang and began stealing cars at 11, Tommy has been around drug dealers all his life. He spoke with The Buffalo News on the condition that his full name not be published.

"Some people aren't scared of jail. They don't give a darn about going to jail," he said. "I know dealers who get arrested, get out on bail, and still deal drugs while they are on bail."

In gang-infested neighborhoods with little opportunity for honest work, some kids look up to flashy drug gangsters as heroes, Tommy said.

"The guy with the biggest rims and the biggest chains has the money," Tommy said.

The key for police, he said, is to aim high if they have any hope of making a meaningful attack on drug dealing.

"[Police] always seem to catch the middle-level dealers and the low-level street hustlers. They don't catch the big guys," Tommy said. "If you don't catch the big dude who's supplying it, what's the point?"

That is true, according to Peter Allen Weinmann, a Buffalo attorney who formerly headed drug prosecutions for the Erie County district attorney's office.

Weinmann was not involved in the Battaglia case, but one thing about it caught his eye — six of 14 defendants were sentenced to probation.

Aiming to get suppliers

"That raises some question with me as to how far up the food chain these people really were," Weinmann said. "Sometimes, I think there is a tendency to go after bigger numbers of arrests to get more headlines and more funding."

Weinmann said he understands why authorities needed to prosecute Battaglia and his top henchmen.

"But I wouldn't be able to tell you whether it was a successful investigation until I knew if the case led to convictions of bigger suppliers," he said.

Did the case lead to prosecutions of major suppliers?

"We always try to go up the ladder, to get the suppliers," said Charles H. Tomaszewski, resident agent in charge of the Buffalo office of the DEA. "In just about every major investigation, we get information that helps us in other cases, sometimes cases in other cities. We obtained helpful information in this case. I'm not going to be more specific than that."

Putting dealers in prison isn't cheap, and the cost goes up all the time.

While declining to give specifics, law enforcers estimated that a long-term drug investigation lasting six months or more can easily cost up to $100,000 for personnel alone. The Battaglia case was smaller than many, lasting about three months.

A team of investigators may work on a case for months, with some conducting surveillance and interviews on the streets, while others spend endless hours listening to wiretapped conversations among the targets. Thousands of dollars more are often spent to pay informants and to make undercover drug buys.

On the day of the arrests, it is not unusual for more than 100 police officers and federal agents to take part in the raids. Some officers receive overtime for their participation.

After that comes a wave of court costs. Officers, prosecutors, judges and other court personnel all must be paid for the hundreds of hours they spend in court.

In drug busts where 20 to 30 people are arrested, it is not unusual for more than half the defendants to receive court-appointed attorneys at taxpayer expense. In federal court, the court-appointed attorneys now receive $125 an hour.

Costs versus benefits

After that comes perhaps the most expensive part of all — the cost of imprisonment. In New York alone, more than 9,700 people are serving prison time for drug felonies. The state estimates the cost of housing a prisoner at $44,567 a year.

That means the state spends about $434 million a year to house drug prisoners, and that figure does not include those held in local jails and federal prisons.

To Delano, the veteran street cop, it's money that must be spent. "The payoff is safer streets, hitting the bad guys where it hurts the most, taking their money and assets and seeing the residents trying to take back their neighborhoods," he said.

He said Buffalo narcotics cops last year seized nearly $1 million in drug money, made nearly 900 arrests and removed 150 guns from the streets.

According to federal law enforcement agencies, anywhere from $20 million to $25 million is forfeited in connection with federal drug cases in Western New York each year.

"Quite often, we seize more money and property from the dealers than we spent on the investigation," Tomaszewski said.

Allowing narcotics dealing to go unchecked would cost society even more, financially and otherwise, said Dick Gallagher, executive director of Alcohol and Drug Dependency Services. Aside from destroying individuals and families, Gallagher said, drug abuse is a huge expense to public health system and social services programs.

"Any time you can take any drugs off the street it helps," Gallagher said.

One retired narcotics detective said that it would be wrong to stop arresting drug dealers just because other dealers will replace them.

"You can't stop arresting child molesters," he said, "just because you know other child molesters will take their place."

TUESDAY: Debate over legalizing drugs

dherbeck@buffnews.com; lmichel@buffnews.com

Buffalo man charged with impersonating a police officer

Buffalo News Staff Reports

Updated: April 04, 2010, 2:26 pm /
Published: April 04, 2010, 2:26 pm

A Buffalo man was arrested this morning on an assortment of charges for allegedly impersonating a police officer, Buffalo police reported.

Police said Lemont Overton Hughes, 39, of Olympic Avenue, pulled over a car at Sussex and Grider streets at around 5 a.m., posed as a police officer and displayed what appeared to be two semiautomatic handguns.

The driver of the car told police that Overton Hughes chased him to a Deerfield Street house and that he then ran into the Erie County Medical Center for safety, according to the police report.

Police arrested Overton Hughes at 160 Deerfield, reporting that he allegedly possessed a stolen federal badge from the FBI. It turned out that the handguns were fake, police reported.

Overton Hughes, who police also identified as Deazir Hughes, was charged with criminal possession of a disguised weapon, second-degree criminal possession of a forged instrument, and first-degree criminal impersonation, all felonies, as well as fifth-degree possession of stolen property and second-degree menacing.

citydesk@buffnews.com

Pizza delivery man reports he was beaten, robbed

Buffalo News Staff Reports

Updated: April 04, 2010, 2:29 pm /
Published: April 04, 2010, 2:29 pm

A man delivering pizza reported to Buffalo police that he was beaten and robbed early today after making a delivery to a Lawn Street house.

The 24-year-old Mister Pizza deliveryman said he was jumped at around 1 a.m. by two men who took $150 in cash and a silver chain worth $80, according to the police report.

Police said the victim declined aid for his injuries, which included bruises and swelling to his face.

citydesk@buffnews.com

Playground set goes up in flames

BUFFALO NEWS Updated: April 04, 2010, 5:10 pm /
Published: April 04, 2010, 5:10 pm

An outdoor plastic playground set went up in flames this afternoon on the city's East Side, Buffalo Fire Department officials reported.

The fire was reported at 1:30 p.m. at 182 Sobieski St., near Sycamore Street, which is the address listed for Darul Ullom Al Madania, an Islamic boarding school.

The base for the playground set area is made out of recycled tire pellets, a fire official said, and this fueled the fire.

The blaze caused $10,000 damage to the set and $1,000 in exposure damage to a nearby home at 327 Sweet Ave.

Buffalo man shot in thigh on Goemble Avenue

BUFFALO NEWS April 03, 2010, 1:43 pm /

A 20-year-old Buffalo man was shot early Saturday morning as he was sitting in a parked vehicle on the 100 block of Goemble Avenue, Buffalo police said.

Christopher Kelly of Buffalo was sitting in the vehicle when the gunman walked past and began shooting, police said.

Kelly was apparently struck in the thigh area. He was transported by Rural Metro to ECMC where he's been treated and released.

Anyone with information is asked to call the confidential tipline at 847-2255 or e-mail the department at www.bpdny.org and just click the "Report a Tip" tab on the home page.

citydesk@buffnews.com

John mugged by two men at Schuele Street address

BUFFALO POLICE Updated: April 02, 2010, 7:07 am /
Published: April 02, 2010, 12:30 am

A Buffalo man visiting a prostitute in a Schuele Street apartment was beaten and robbed by two men, police said.

Police said the john was punched in the face and $225 in cash was stolen from him.

Two women attacked as mob surrounds them

BUFFALO NEWS Updated: April 02, 2010, 7:07 am /
Published: April 02, 2010, 12:30 am

Two Buffalo women surrounded by as many as 20 people were attacked and robbed about 5 p. m. Thursday at East Delavan Avenue and Schuele Street, police said.

One victim was cut with a razor and her gold earrings and purse were stolen, police said. A cellular telephone was stolen from the other woman, police added.

Fatal shooting takes place overnight outside Genesee Street bar

Buffalo News Staff Reports

April 01, 2010, 9:46 am /

A 22-year-old Buffalo man was shot to death early this morning outside a Genesee Street bar, Buffalo police have reported.

The man, whose name was not released, was shot outside LoLo's Bar, at Genesee and Hagen streets, shortly before 3:15 a.m.

"Homicide detectives are looking at the possibility that there may have been a dispute inside the place that carried outside," Buffalo police spokesman Michael J. DeGeorge said.

The critically wounded man was found about a block away at Genesee and Newburgh streets. Police are investigating whether someone may have driven him away from the shooting scene before dumping him where he was found.

Detectives still are looking for the shooter. Anyone with information is asked to call the police department's confidential tip line at 847-2255 or e-mail the department by visiting bpdny.org and clicking on "Report a Tip."

Police investigating afternoon shooting on Fillmore Avenue

Buffalo News Staff Reports

Updated: April 01, 2010, 1:13 pm /
Published: April 01, 2010, 1:13 pm

Two people were apparently shot shortly after 12:30 p.m. today on the 1400 block of Fillmore Avenue, authorities said.

One of the victims was rushed to Erie County Medical Center and first aid personnel were attempting to revive the other one at the scene. Homicide detectives were summoned to investigate, police said.

Further details were unavailable.

citydesk@buffnews.com

Police arrest suspects in two bank holdups

BUFFALO NEWS Updated: April 01, 2010, 7:00 am /
Published: April 01, 2010, 12:30 am

Northeast District police late Wednesday announced the arrests of two men in a recent bank holdup.

The suspects were identified as Andre D. Reynolds, 35, of Dewey Street, and Cameo C. Simmons, 21, of Kensington Avenue.

Reynolds faces counts of robbery and attempted robbery in holdups at the M&TBank branch, 3037 Bailey Ave. on March 19, and the Bank of America, 2389 Fillmore Ave., March 23. Simmons also is charged with menacing and attempted robbery in the Bank of America holdup. Police said he threatened customers and employees with a handgun.

K-9 rookie racks up first arrest on the job

BUFFALO NEWS Updated: March 31, 2010, 6:35 am /
Published: March 31, 2010, 12:30 am

The newest member of the Buffalo Police K-9 force is being credited with the arrest of a Buffalo man and seizure of a pound of marijuana and an ounce of crack cocaine, Buffalo police said Tuesday.

Stark and his handler, Officer James Howe, were called to a traffic stop about 2:30 p. m. Sunday on Harvard Place near Main Street, where the dog found rugs stashed in a compartment beneath a car seat, police said.

Charges against Frederick Miller, 55, included criminal possession and sale of a controlled substance, criminal possession of marijuana and several traffic violations

Teen bandit stalks man getting $500 from ATM

BUFFALO NEWS Updated: March 29, 2010, 7:06 am /
Published: March 29, 2010, 12:30 am

A 22-year-old Buffalo man was robbed of $500 after withdrawing money from an ATM on Jefferson Avenue at 4:19 p. m. Saturday.

The man told police he was at an ATM in Tops Markets on Jefferson when a teenager got in line behind him. The teen followed him to a nearby store, where he threatened to shoot the man unless he surrendered the money, police said.

20 women reportedly attack other women on Bailey Ave.

BUFFALO NEWS Updated: March 29, 2010, 7:06 am /
Published: March 29, 2010, 12:30 am

Buffalo police are investigating a report of an assault Sunday morning by a group of 20 women on Bailey Avenue.

Police said a witness saw the women exit four vehicles and attack several other women in the 2400 block of Bailey. The witness told police she tried to break up the fight and was stabbed in the left arm and cut on the right hand.

Police said the witness was treated in Erie County Medical Center, where she received stitches to her wounds.

Man says he was attacked by gang on South Park Ave.

BUFFALO NEWS Updated: March 29, 2010, 7:06 am /
Published: March 29, 2010, 12:30 am

The victim of a reported gang attack Sunday morning on South Park Avenue claims his life was threatened.

Police said the victim was approached in the 400 block of South Park shortly after midnight by six or seven men who yelled, “We’re about to get you. Call it a day.”

The man said he was knocked to the ground and punched several times in the head, face, arms, back and legs. He told police he was finally able to get up and flee his attackers.

Gunman subdued after waving handguns at Buffalo police

By T.J. Pignataro BUFFALO NEWS

Updated: March 26, 2010, 9:56 am /
Published: March 26, 2010, 9:56 am

A Berkshire Avenue man narrowly escaped police gunfire and faces a slew of charges after pulling a pair of handguns on Buffalo police officers late Thursday afternoon, according to Buffalo police reports.

Terrance J. Breaux, 24, is accused of getting out of a car during a traffic stop on Martha Avenue about 5:30 p.m. and brandishing a handgun in each hand, raising them at police.

Northeast District Officer Jason Mayhook fired four shots at Breaux, at least one struck his clothing, authorities said.

None of the shots hit Breaux, but he was forced to the ground and taken into custody, according to reports. No injuries were reported.

Police were initially called for the report of shots fired or a person shot on Ericson Avenue. A description of the vehicle involved was broadcast and quickly tracked down by Mayhook and Officer James Scherer. Breaux was pulled over on Martha when the situation escalated.

The two officers along with officers John Evans and James Hosking took Breaux into custody. He was in possession of the two guns, one of which was loaded, police said.

Breaux was charged with four counts of criminal possession of a weapon, two counts of menacing a police officer and one count each of criminal possession of stolen property and unlawful possession of marijuana.

No victim of the initial reported shooting was located.

tpignataro@buffnews.com

Man shot in the foot; close call on May St.

BUFFALO NEWS Updated: March 26, 2010, 6:52 am /
Published: March 26, 2010, 12:30 am

Shots fired an hour apart Wednesday afternoon caught one man in the foot on Minnesota Avenue and narrowly missed an East Side mother and an infant in a May Street house, Buffalo police said.

Police said Montell Jones, no age or address listed, was walking on Minnesota between Bailey and Comstock avenues shortly before 5 p. m. when he was shot in the right foot. He told police he had no idea how he got shot or who did it. He was taken by Rural/ Metro Medical Services to Erie County Medical Center.

An hour earlier, about 3:50 p. m., a May Street woman told police a gunman fired three shots—one bullet entering the front window, nearly hitting her and a 1-year-old child

Noontime shooting under investigation

BUFFALO NEWS March 20, 2010, 3:27 pm /

Buffalo police are investigating a noontime shooting in the Kensington-Fillmore area.

A male of unknown age was believed to have been struck several times by gunfire.

The victim apparently was driven to Erie County Medical Center in a private vehicle, according to a police spokesman.

Police responded to a call of a shooting near Fillmore and Dewey avenues at about noon, and homicide detectives were at the scene as part of the investigation.

Two women attacked, robbed of phone, cash

BUFFALO NEWS Updated: March 21, 2010, 6:50 am /
Published: March 21, 2010, 12:30 am

Two women were beaten up and robbed about 5:30 a. m. Saturday on Germain Street, near Amherst and Grant streets, Buffalo police said.

Police said a 34-year-old woman was getting out of her vehicle when she was jumped by three people and knocked to the ground. The assailants took $220 and her cell phone, police added.

Her friend tried to intervene, but she was punched in the face and kicked in the ribs, police said.

The attackers fled in a 2004 gray Hyundai Sonata.

Police probe 2 shootings 10 minutes apart

BUFFALO NEWS Updated: March 21, 2010, 6:50 am /
Published: March 21, 2010, 12:30 am

Two people were injured in separate shootings Saturday afternoon in Buffalo.

About 2:45 p. m., on Theodore Street in the city’s Schiller Park neighborhood, Brandon Rose, no age or address available, said he heard two gunshots then felt pain in his right thigh, police said. 

Rose was being treated in Erie County Medical Center,

About 10 minutes later, two miles away on Box Avenue, Vanquiten Lawrence, no age or address available, was shot twice in the right thigh, according to police. The shooter was in a dark gray Chevrolet Impala that sped out on Kehr Street. Lawrence was being treated in ECMC.

Their conditions were unavailable.

Victim of shooting fights for life in ECMC

BUFFALO NEWS Updated: March 21, 2010, 6:50 am /
Published: March 21, 2010, 12:30 am

Buffalo police are investigating a shooting Saturday in the Kensington- Fillmore neighborhood that left one man injured and another fighting for his life.

Omar Walker, 32, no address available, was listed in critical condition in Erie County Medical Center Saturday night, said Michael J. DeGeorge, police spokesman.

The other victim, Alfred Mack, 55, suffered a minor wound to one of his legs, DeGeorge said.

Walker and Mack were standing near Fillmore and Dewey avenues about noon Saturday when the gunman opened fire, striking Walker several times. Walker was taken to ECMC by a passer-by, DeGeorge said.

Homicide detectives are investigating. Anyone with information is asked to call the confidential tip line at 847-2255.

Bailey bank branch is held up yet again

BUFFALO NEWS Updated: March 20, 2010, 6:40 am /
Published: March 20, 2010, 12:30 am

A Bailey Avenue M&TBank branch was held up for the second time in four days Friday; this time, the robbers made off with the loot, according to Buffalo police.

Police said that at about 2:30 p. m., two bandits—one armed with a handgun— ordered everyone to the floor. After a teller handed over a quantity of cash, the two fled the bank and made their getaway in a four-door maroon sedan last seen going south on Suffolk Street, police said.

The same branch was robbed about 11 a. m. Tuesday, when the robber lost the cash after leaving the bank and a dye pack exploded. Police recovered the cash and the robber’s stained sweatshirt.

Drug suspect shot during police raid

BUFFALO NEWS Updated: March 06, 2010, 6:46 am /
Published: March 06, 2010, 12:30 am

A man was shot in the leg when a Buffalo police officer fired a pellet gun about 5 p. m. Friday during a drug raid in the 300 block of Sobieski St., police said.

The man, who was not identified, faces numerous drug charges, police said. His injuries were not serious, police added. A dog in the house also was shot during the raid, conducted by narcotics and SWAT officers.

Tip brings arrests in ‘zip-tie’ robberies

Citizen’s call to police helps to foil stick-up

By Gene Warner

BUFFALO NEWS STAFF REPORTER

Updated: March 04, 2010, 7:06 am /
Published: March 04, 2010, 7:48 am

Town of Tonawanda police say they’ve nabbed the “zip-tie bandits,” after an alert citizen helped officers foil an attempted robbery of a Delaware Avenue jewelry store late Tuesday morning.

The same thieves robbed six stores in Amherst, Buffalo, Niagara Falls and Kenmore in the last few weeks, with each robbery featuring the attempted use of a zip tie or some other restraining device, investigators previously have said.

One of the men was arrested Tuesday while holding a duffel bag that contained an AK-47 and five plastic zip ties, the kind of device often used to tie up a bundle of wires, police said.

Arthur W. Swain Jr., 20, and Joshua A. Green, 19, both of Roesch Avenue, Buffalo, were charged with attempted robbery and three other felonies, according to town police.

“They confessed to six other robberies in the area,” police Lt. Nicholas A. Bado said. “These were the guys using the zip ties in all the other robberies.”

The break in the case came during the attempted robbery at Katz Jewelers, 3771 Delaware Ave., after an alert resident of the nearby Ken-Ton Presbyterian Village spotted suspicious activity between a parked car and the jewelry store.

Police say the two men parked their car in a nearby parking lot, before one of them, believed to be Swain, walked into the jewelry store carrying a duffel bag.

After the resident spotted the suspicious activity and called police, Officer Eric Schmidt approached the driver of the red 2001 Chevrolet Impala and was told several different stories about what he was do-ing, police said.

Meanwhile, Capt. Jon Scott went into the jewelry store, saw the person walking out with the duffel bag and was told by a store clerk about that person’s suspicious activity. Scott walked out of the store, saw the man holding the duffel bag in front of him, on his chest, with his hand appearing to be grasping the weapon.

Scott yelled out to arriving officers that the man had a gun. Those officers ordered the man, at gunpoint, to get down on the ground, where he was arrested.

Both men were charged with attempted robbery, two weapons charges and conspiracy, according to police.

Town detectives Joseph Fennell and Kevin Moses conferred late Tuesday with detectives from the other police agencies investigating zip-tie robberies.

“They will be charged in all the other robberies,” Bado said of Swain and Green.

The police lieutenant also praised the nearby resident who called police.

“It was the result of an alert citizen reporting suspicious activity that allowed us to intervene and interrupt a robbery that could have turned into something else,” Bado said.

gwarner@buffnews.com

Black Rock man shot in head while walking dog

BUFFALO POLICE Updated: March 04, 2010, 7:06 am /
Published: March 04, 2010, 12:30 am

A Black Rock man was being treated in Erie County Medical Center after he was shot in the head while walking his dog Wednesday morning, Buffalo police said.

The victim told police he was walking his dog on Holmes Street shortly before 7 a. m. and felt something strike him in the head. He was taken by Rural/ Metro Medical Services to ECMC for treatment of bullet fragments to the top of his head.

Northwest District police were investigating.

42 pounds of pot lead to felony drug charge

BUFFALO NEWS Updated: March 03, 2010, 6:45 am /
Published: March 03, 2010, 12:30 am

A Weston Avenue man was arrested late Monday after Buffalo police noticed a bag of marijuana hanging out of his sweat shirt pocket, then discovered 42 pounds of pot at his residence, police said.

Gabriel A. Rodriguez, 31, was charged with felony criminal possession of marijuana, more than 10 pounds. Police said just before 11 p. m., officers recognized Rodriguez as a victim of a recent home invasion and stopped to talk to him, when an officer spotted the bag of marijuana.

After receiving permission to search his house, police reported finding 42 pounds of marijuana.

Also arrested were Richard R. Grant, 37, a neighbor, and Daniel Harzynski, 21, no address listed. Grant was charged with felony criminal possession of marijuana, more than eight ounces, and Harzynski was charged with a violation for unlawfully possessing marijuana.

Police identify man found dead on May Street

BUFFALO NEWS Updated: February 18, 2010, 6:09 pm /
Published: February 18, 2010, 6:09 pm

A 51-year-old Buffalo man whose body was found in a vacant lot on the 200 block of May Street Wednesday morning was fatally shot, authorities said today.

The victim was identified as Tommy L. Wimberly, according to Chief of Detectives Dennis J. Richards. Ferry-Fillmore District officers discovered the man's body when they responded to a call of a "person down" at about 7:45 a.m.

"An autopsy conducted Thursday morning at the Erie County Morgue confirmed that the victim died as a result of being shot," Richards said. "Detectives are attempting to ascertain at what time the victim had been shot and the amount of time that elapsed prior to the discovery of the body."

Anyone with information on the shooting is asked to call the Confidential TIPCALL Line, 847-2255.

Loaded gun found after car chase, crash

Updated: February 15, 2010, 6:52 am /
Published: February 15, 2010, 12:30 am

A chase along Fillmore Avenue resulted in the discovery Saturday of a loaded 9mmgun and the arrest of a man on reckless endangerment and gun possession charges.

Buffalo police said Adrian Boykin, 51, was apprehended after he crashed his SUV into a light pole while trying to flee at about 4:25 a. m.

Drive-by purse snatcher drags woman for a block

BUFFALO NEWS Updated: February 15, 2010, 6:52 am /
Published: February 15, 2010, 12:30 am

A drive-by purse snatcher robbed a Buffalo woman as she walked on the street in the 800 block of Northampton Street, police reported Sunday.

The woman told officers that a maroon, four-door car pulled up beside her at about 8:30 p. m. Saturday and the driver grabbed her purse. When she tried to hold onto it, the car sped up, and she was dragged down the street for a block, police said.

Officers said the woman was not seriously hurt, but she lost the purse, containing $100 cash and numerous personal papers.

Teenager stabbed to death on Genesee Street

Buffalo News Staff Reports

Updated: February 14, 2010, 9:50 am /
Published: February 14, 2010, 9:42 am

A teenager was stabbed to death late Saturday night on the city's East Side.

Buffalo Police Homicide Detectives were called to the 2200 block of Genesee Street sometime after 11 p.m. following what they believed was a fight or dispute involving a number of people, according to spokesman Mike DeGeorge.

At some point, the victim believed to be in his late teens, was stabbed and died a short time later, DeGeorge said.

The victim's name has not yet been released.

Anyone with information is asked to call the Confidential TIPCALL Line at 847-2255.

citydesk@buffnews.com

Parolee scuffles with officers after arrest

BUFFALO NEWS Updated: February 14, 2010, 6:52 am /
Published: February 14, 2010, 12:30 am

A parolee tried to escape arresting authorities Friday morning by fighting with police officers and nearly grabbing a detective’s handgun.

One officer was cut on the hand and another was bruised on the shin as they attempted to take Darren Curry, 34, of Bridgeman Street, into custody at his home on a misdemeanor charge of false personation.

Curry punched and kicked officers after he was removed from a patrol vehicle so that his handcuffs could be adjusted, according to a police arrest report.

At one point, he reached for the .45- caliber Glock of Detective Tara Wells O’Neill, police said.

Curry also tried to kick out the windows of the patrol vehicle.

Buffalo police were on the scene assisting New York State parole officers.

Curry served time in Gowanda Correctional Facility on a first-degree burglary charge, according to Buffalo News records.

He now faces the following charges: two counts of aggravated assault upon a police officer, a felony; attempted grand larceny; resisting arrest; obstructing governmental administration; and attempted criminal mischief.

$100,000 in cash, guns stolen during burglary

Updated: February 11, 2010, 7:03 am /
Published: February 11, 2010, 12:30 am

A Bailey-Kensington-area man told police that more than 20 guns and $100,000 in cash were stolen when his home was burglarized between Jan. 29 and Wednesday, Buffalo police said.

The 69-year-old victim told police a rear door of his Comstock Avenue home was kicked in and the house was ransacked. Stolen were 12 shotguns, 10 handguns, personal papers, $100,000 in cash and $1,000 in collectible coins, police said.

Police investigating fatal shooting near Military and Hinman

Buffalo News Staff Reports

Updated: February 07, 2010, 2:18 pm /
Published: February 07, 2010, 2:17 pm

Buffalo police are investigating a fatal shooting on the 700 block of Military Road near Hinman Avenue shortly after 3 a.m. today.

A 26-year-old Buffalo man was shot in a parking lot. He was taken to Erie County Medical Center, where he later died, said police spokesman Mike DeGeorge.

Police have not released the man's identity or other details about the shooting.

Anyone with information is asked to call the confidential TIP-CALL Line at 847-2255.

citydesk@buffnews.com

Northwest District police station closed due to mold

By Lou Michel Buffalo News Staff Reporter

February 12, 2010, 11:05 pm /

The Northwest District police station was closed Friday after tests confirmed the presence of mold in the building.

Buffalo police officials, who ordered the temporary closing of the facility at 669 Hertel Ave. after consulting with city officials, said the action was "done in an abundance of caution," based on preliminary tests conducted on the 17,000-square-foot structure.

About a month ago, a police officer from the district filed a complaint that the building had mold growing in it. Efforts to move district operations to a closed school building nearby are being worked out, but for the time being, telephone and walk-in police services are being transferred to the Central District station at 695 Main St.

The temporary telephone number for the Northwest District is 851-4403.

Police spokesman Michael J. DeGeorge said police services for all residents and businesses in the district will continue without interruption.

"The public's patience with this temporary situation is greatly appreciated," he said.

The building, formerly known as the Hertel Station, underwent a $2 million renovation that was completed in 1997 to accommodate the operations of closed precinct houses, as the department consolidated patrol services into five districts.

And while department officials said the reason for the closing was strictly because of the detection of mold, some officers believe the problem is more severe — that the building may contain hazardous building material that has caused cancer among a handful of officers based in the building over the years.

Two recent cases of cancer involving officers elevated concern over whether the building was safe, according to one officer, who requested anonymity, fearing he would get in trouble for violating the department's rule of not speaking to the media.

"I used to work at that building and when they renovated it, they did some demolition and some adding on, but a lot of the structure remained the same and was just covered over," the officer said. "There's been about nine cases of cancer over the years."

BUFFALO POLICE D-DISTRICT

lmichel@buffnews.com

Driver admits to crack cocaine use before crashing into Chippewa bar

Buffalo News Staff Reports

Updated: February 07, 2010, 2:45 pm /
Published: February 07, 2010, 2:44 pm

A driver who crashed into a West Chippewa Street bar Saturday night told police he had taken crack cocaine about five hours earlier, Buffalo police said.

William Mobley, 21, of Buffalo, was charged with criminal mischief, criminal possession of a controlled substance and operating a motor vehicle while impaired by drugs among other charges, said police spokesman Mike DeGeorge.

Police said Mobley crashed through the windows of 67 West Chippewa about 10:30 p.m. He then tried to flee but was apprehended by police, DeGeorge said.

Police said they found 47 pink bags of crack cocaine.

Two bar employees were apparently injured. Their conditions were not available. Mobley was taken to Erie County Medical Center after complaining of minor head and back injuries.

citydesk@buffnews.com

Jason Ocasio is accused of intentionally striking this police cruiser outside Buffalo Police Headquarters.

Man displays weapon, leads police on chase hours after brother's funeral

By T.J. Pignataro News Staff Reporter

Updated: February 05, 2010, 11:58 pm /
Published: February 05, 2010, 8:01 pm

Hours after Friday's funeral for Eric Ocasio III, who was fatally shot in Monday's standoff with Buffalo police, his younger brother rammed a Buffalo police cruiser and displayed a gun to an officer, police sources said.

Jason Ocasio, 24, is accused of intentionally striking the cruiser about 4 p.m. outside Buffalo Police Headquarters at Franklin and Church streets before waving a gun at police and then leading them on a short car chase that ended on Trinity Place.

Ocasio was arrested and taken to Erie County Medical Center with undisclosed injuries. Officials at ECMC would not confirm Ocasio's condition.

Late this evening, he was booked on charges of reckless endangerment and second-degree assault, both felonies, as well as misdemeanor counts of resisting arrest and obstructing governmental administration.

Law enforcement officials Friday declined to say much about the investigation, which involved Central District officers, homicide detectives and Internal Affairs personnel.

"Buffalo police confirm the individual intentionally struck a Buffalo Police car with his vehicle," said Michael J. DeGeorge, Buffalo police spokesman. "At some point, a weapon may have been displayed."

According to reports, the officer was in his patrol car on Church Street, just east of Franklin, when Ocasio struck the driver's side door. Ocasio then got out of his car and displayed the butt of a gun in his waistband before dropping it and taking off in his own vehicle.

The chase was on Church Street and the Niagara Thruway but "ended a short time later on or near Trinity Place," DeGeorge said.

The incident culminated not far from 57 Trinity Place — the site of Monday's standoff. Jason Ocasio was taken into custody. It was learned later that the gun Ocasio displayed was used for paint balls.

57 Trinity Place, Buffalo

Jason Ocasio was at the scene of Monday's four-hour standoff and, according to witnesses, repeatedly pleaded with his brother Eric, 27, to surrender.

According to Josua Cruz, a close friend of Ocasio who was at the scene, Jason told his brother during the ordeal: "JJ, everything is going to be all right. [The police] just want everything to be OK. I love you, and I'm here."

The incident began when Eric, apparently distraught Monday over a custody dispute with his estranged wife, sent suicidal text messages from his Trinity Place apartment to fellow employees at the East Side sheet meal factory where he worked.

That prompted workers to call 911 to check on Ocasio's condition.

Central District police arrived about 10:45 a.m. Shortly thereafter, there was a report of gunfire and members of Buffalo SWAT and Hostage Management teams were called to respond.

That's when Ocasio fired on Detective John C. Garcia with a shotgun. Garcia, who was positioned behind an armored truck and attempting to approach Ocasio to begin dialogue, was struck in the side of the head and shoulder area by nearly a dozen pellets.

The standoff continued for about two more hours as Ocasio reportedly drank vodka while police negotiators tried to talk him into surrendering. At one point, Eric Ocasio told SWAT officers he wanted to smoke a cigarette with his brother prior to his surrender, witnesses said.

Cruz said Ocasio kept telling the officers, "All I need is to see my brother [Jason]."

SWAT officers opened fire on Ocasio, killing him, after witnesses said he put the barrel of his shotgun out of the second-floor window where he was holed up.

The funeral for Ocasio were held at 10 a.m. Friday in a Main Street funeral home.

News Staff Reporter Lou Michel contributed to this report.

tpignataro@buffnews.com

Buffalo police officer shot downtown; gunman dead

By Lou Michel

Buffalo News Staff Reporter February 01, 2010

A barrage of gunfire ended a standoff in Allentown today with a gunman who police say shot a Buffalo police officer in the face as he tried to defuse a hostage situation.

Police sources say the lone gunman is dead, but it's not known whether he shot himself or police officers shot him.

The injured police officer, John Garcia, 47, a detective with the Hostage Management Team, was shot in the face and upper shoulder with buckshot, police said. He was taken to the Erie County Medical Center with non-life threatening injuries.

The stand-off, which began at 10:45 when police were called to 57 Trinity Place near South Elmwood Avenue, ended with the gunfire at 2:45 p.m.

Witnesses heard a number of shots fired, followed by two distinctive blasts of a flash-bang device used by police to clear a building. Two clouds of blue smoke were seen drifting over the roof tops.

Shortly before 3 p.m., after police cleared the building, emergency technicians wheeled two gurneys into the house. A short time later, they were brought out empty.

Dennis J. Richards, Buffalo's chief of detectives, homicide detectives and evidence technicians then entered the carriage house at the rear of 57 Trinity.

Garcia, who lives in Amherst, joined the Police Department in 1994. He is a detective, assigned to D District.

Hostage negotiators were assisted by a relative of the suspect and a neighbor. Medical personnel were on alert at the scene.

Police said they were first called to the address at 10:45 a.m. At noon, the police SWAT team and Hostage Management Team came to the scene. Neighbors heard gunfire a half hour later.

"I heard shots, I didn't know what they were, but when I saw cops pulling up, I knew what it was. I thought it was a gang war at first," said Bruce Harris, a resident of the 300 block of South Elmwood Avenue. "I heard people screaming, and more gunshots."

A half hour earlier, residents in the neighborhood observed police cars from the Central District at South Elmwood and Trinity. The police blocked off Trinity, which runs from Delaware Avenue to Virginia Street.

"I was told by the cops there was a hostage situation. I saw a few people crying, and it looked like someone was holding a baby," said Lou Fumerelle, whose son works nearby. "That's all the cops would say, a hostage situation."

His son, attorney Anthony Fumerelle, also heard the shots at about 12:30 p.m. from his law offices at 346 Tupper St.

"I was in my office, and heard a couple shots, then some sharp reports coming back. It sounded like they were from a rifle," he said.

Interim Police Commissioner Daniel Derenda and Mayor Byron W. Brown both visited Garcia at the hospital.

Police spokesman Michael J. DeGeorge said "the initial inclination was it is non-life threatening injuries."

Driver chased by police fatally shoots himself

BUFFALO NEWS February 02, 2010

A man who tried to run over Buffalo police officers during a traffic stop, then led police on a foot chase turned his gun on himself and shot himself to death as police closed in on him, various sources reported Monday.

The incident began at about 9 p. m. Sunday at Rodney Avenue and Holden Street, where officers tried to pull over a vehicle that they believed had been stolen, said Michael J. DeGeorge, Buffalo police spokesman.

As officers approached the vehicle, the driver tried to run them over. The officers were not injured, and at least one, if not both, fired shots at the vehicle as it drove off, DeGeorge said. It’s not believed any of those shots hit the driver.

At some point, the driver jumped out of the vehicle and fled on foot. The officers chased him to a vacant or abandoned home on Rodney Avenue, between Holden and Hill streets, where he shot himself.

He was pronounced dead at the scene, authorities confirmed.

One brother shot, the other arrested

BUFFALO NEWS Updated: February 01, 2010, 6:35 am /
Published: February 01, 2010, 12:30 am

Saturday night at Club Chit Chat turned out badly for the Swaggard brothers. Before the evening ended, one had been shot and the other was arrested by Buffalo police.

Marlon Swaggard, 24, who is believed to live in Charlotte, N. C., was walking out of the club at 1048 Clinton St. shortly before 4 a. m. when he was shot by an unknown gunman, police reported.

When officers arrived at the scene, Swaggard was uncooperative, according to officers. He was taken to Erie County Medical Center, where he was treated and released.

A short while later, Swaggard’s brother, Morton, also of Charlotte, became enraged inside the club and began punching holes in the wall and breaking mirrors and pictures, according to a police report.

Morton Swaggard then went outside and punched the club’s glass door as officers looked on. He was arrested for criminal mischief and obstructing governmental administration.

Interim Buffalo Police Commissioner Daniel Derenda

Buffalo Mayor Byron Brown has made some changes to city leadership. Below is a press release sent to Eyewitness News from his office.

COMMENCING SECOND TERM, MAYOR BROWN INITIATES NEW DIRECTION WITH ANNOUNCEMENT OF NEW CITY DEPARTMENT APPOINTMENTS  

National Search for Key Department Heads Will Commence Immediately; Temporary Appointments Will Oversee Day-to-Day Department Operations

BUFFALO - Having been sworn into his second term as Mayor of Buffalo, Mayor Byron W. Brown today announced an emphatic change of direction for his Administration, which will be highlighted with national searches for the vacant Commissioner positions in three key city departments: Fire, Police and Economic Development, Permit and Inspection Services.

After taking the Oath of Office today, Mayor Brown stated that, "With one term completed and, as we stand at the dawn of a new decade, I am confident we have made great strides forward and I will continue the progress that we have achieved over the next four years to pursue what we all want: a City of Buffalo that is stronger, safer, more vibrant and secure with a bright future."

Mayor Brown announced that following his appointment yesterday of former Fire Commissioner Michael Lombardo to the position of Battalion Chief, Deputy Fire Commissioner Garnell W. Whitfield, Jr. has been appointed on a temporary basis as Commissioner of the Buffalo Fire Department.

In addition, Mayor Brown notified Police Commissioner H. McCarthy Gipson two weeks ago that, per the City Charter, he would not be reappointed. Mayor Byron W. Brown today appointed Deputy Police Commissioner Daniel Derenda on a temporary basis as Commissioner of the Buffalo Police Department.

According to the City Charter, "All mayoral appointments of department heads…shall terminate…at the termination of the elected term of the mayor...," which takes place at 12:00 midnight January 1, 2010. The Charter further states that "In the event of …a vacancy…the mayor shall appoint a commissioner…to serve for a period not to exceed one hundred and eighty days, which temporary appointment shall not be subject to confirmation by the council."

"I thank both Commissioner Gipson and Commissioner Lombardo for their service to the residents of Buffalo," said Mayor Brown. "With the temporary appointments of two experienced and dedicated professionals in both departments, I am confident that our Fire and Police Departments will be managed very well and that our city's residents will continue to receive the highest level of public safety services from the men and women of each department while our national search is conducted to fill each Commissioner position. I've charged both of them with reducing overtime and strengthening discipline in each department."

The Buffalo Niagara Partnership has agreed to lead a national search to fill the vacant position of Commissioner of Economic Development, Permit and Inspection Services, which occurred with the expiration of former Commissioner Brian Reilly's appointment. Day-to-day duties of the Commissioner will be covered by Deputy Commissioner James Comerford until a new commissioner is appointed.

Lastly, Susan M. Gonzalez has been appointed as Deputy Commissioner of Parks. She has served as the Director of Recreation in the city's Community Services Department since 2006 and was once the Director of Recreation of the city's Department of Parks and Recreation from 1998 to 2006. She has also been the Executive Director of the Buffalo Police Athletic League since 1997.

Police investigate West Side shootings

BUFFALO NEWS Updated: January 31, 2010, 6:17 am /

The West Side crackled with gunfire late Friday, as Buffalo police investigated four separate cases of shots being fired. One man was wounded in the leg, and two houses and three vehicles were damaged.

Reports of shots fired all occurred between 8:25 and 9:30 p. m. in the D district, the northwest portion of the city. Just before 9 p. m., several shots were fired at 147 Royal Ave. and at 159 Royal Ave. in Riverside.

Four rounds were fired at 147 Royal, hitting the house and a front window. Windows in a lower and upper apartment at 159 Royal also were damaged.

Between 8:25 and 9:30 p. m., a 21-year-old Herkimer Street man was struck in the right thigh by a shot fired from the front passenger’s side window of a white vehicle with four men inside.

A parked car and an SUV also were damaged by the gunfire.

At 9 p. m., officers responded to a report of shots fired near 96 Albert St. and found a 2002 Ford Explorer with its rear window shattered, apparently by a small-caliber firearm.

Also, at about 7:35 a. m. Friday, someone fired a round through the east wall of the front lower apartment of 286 Potomac Ave., damaging a kitchen cabinet and dishes.

3 arrested on East Side as shot is fired at officer

BUFFALO NEWS January 25, 2010, 6:44 am /

Three men were arrested late Saturday after a shot was fired at a police lieutenant as he was questioning a robbery suspect at Suffolk and Lisbon avenues.

The suspect was among a large group of men at the corner when the lieutenant approached him at about 10:30 p. m. and began to question him, according to a police report. Someone in the group fired a shot at the officer and fled, the report said. The officer was not hurt.

Police gave chase and noticed one man giving a semiautomatic handgun to another, who tried to hide it in a house. Police also chased down another man, who fought with them when apprehended. Police said two of the men were found with crack cocaine after they were in custody.

Javon Hayes, 19, of Shirley Avenue, faces charges that include felony possession of a weapon and tampering with evidence.

Charges against Freddie Brown, 60, of Rounds Avenue, include felony possession of a weapon, tampering with evidence, hindering prosecution and promoting prison contraband.

Jorden Davis, 19, of Minnesota Avenue, was charged with resisting arrest, obstructing police, tampering with evidence and promoting prison contraband.

BUFFALO NEWS January 19, 2010

A Longnecker Street woman who was shot outside her house early Monday morning was arrested by Buffalo police after they found drugs, a gun and more than $12,000 cash when they responded to the shooting.

Danielle D. Overton-Miller, 26, was charged with felony first-degree criminal possession of a controlled substance, a Class A felony that carries a sentence of up to life in prison, along with other charges following the 6:30 a. m. shooting.

Overton-Miller was shot in the left calf, according to reports. Police arrived and found 38 ounces of crack cocaine along with a .22-caliber weapon and $12,850 in U. S. currency.

The woman’s boyfriend, a 33-year-old Victoria Avenue man, was said to be the only other person in her apartment when the shooting took place. By the time police arrived, he was gone and had not been found late Monday.

Besides the felony drug charge, Overton- Miller was charged with criminal possession of a weapon, felony and misdemeanor counts of criminal possession of a controlled substance and criminal use of drug paraphernalia.

Police probe shooting in Bailey-Lovejoy

BUFFALO NEWS January 18, 2010, 1:35 PM /

A woman in her mid-20s was taken to Erie County Medical Center after being shot in the leg before dawn today in the city's Bailey-Lovejoy area, Buffalo police reported.

Police officials said the woman was shot at about 6:30 a.m. in the 100 block of Longnecker Street, two blocks easy of Bailey Avenue. Her injury was considered non-life-threatening, police said.

The assault is being investigated by Ferry-Fillmore District detectives.

1 dead, 1 wounded in restaurant shooting; employee is suspect

Victims were both employees

BUFFALO NEWSS TAFF REPORTER By Jay Tokasz

Updated: January 16, 2010, 6:34 PM /

One man is dead and another man wounded following a late morning shooting inside Merge restaurant on Delaware Avenue, authorities confirmed this afternoon.

Police had a suspect in custody near the scene almost immediately.

The alleged shooter and the two victims were employees of the restaurant.

An initial call reporting a double shooting came in around 11:41 a.m. Three ambulances, a fire truck and about a dozen police vehicles responded, blocking northbound traffic on Delaware between Virginia and Edward streets.

An ambulance delivered one victim with non-life threatening injuries to Erie County Medical Center.

Later on, a man who appeared to be in his 20s was rolled out of the restaurant on a gurney and into an ambulance, as an emergency crew worked feverishly to save him. The man appeared to have a gunshot wound to the chest.

He was taken to Buffalo General Hospital, where he was pronounced dead. The victim appeared to be a man in his 20s.

The victims weren't identified, but a statement posted this afternoon on the restaurant's Web site mentions "the Costner family."

That statement reads: "Our hearts are with the Costner family at this time. We are shocked and saddened by the tragedy that occurred today. It was an isolated incident and a random act of violence. We are accepting charitable donations of any size for the Costner family. Thank you."

A police officer tried to block television and print cameras from taking pictures, even though the cameras were well beyond police tape set up at the scene.

Merge, which opened in 2009, specializes in vegetarian cuisine and features original artwork.

The restaurant was scheduled to feature a "Drinks & Drawing/Pints & Painting" afternoon beginning at noon today. The event encouraged artists of any skill level to "come hang out, have a hot cup of tea or a beer and paint/draw."

The restaurant's owners arrived at the scene after the shooting and were interviewed by police.

Police also escorted two men from the scene who also were apparently restaurant employees. The men were not handcuffed; one of them had a bandage around his arm.

jtokasz@buffnews.com

Two remain hospitalized in East Side shooting

BUFFALO NEWS January 16, 2010,

Two people remained in Erie County Medical Center Friday following a triple shooting that occurred in the 3100 block of Bailey Avenue about 3:45 p. m. Thursday.

Felisha D. Martin, 18, of Berkshire Avenue, who was struck by gunfire near the spine and underwent surgery at ECMC, was listed in serious condition Friday. Deon Allen, 18, of Dartmouth Avenue, who was struck in the right ankle was listed in stable condition.

Authorities said Javier Baez, 33, of Kensington Avenue, was treated for an arm injury at ECMC and released.  

Women attacked by group of teenage girls

BUFFALO NEWS January 16, 2010,

A group of six teenage girls allegedly attacked a pregnant woman and another female victim on Bailey Avenue late Friday, stealing earrings and other jewelry.

One victim, who was 11 weeks pregnant, was struck in the head and body and received cuts to her mouth and back. She was taken to Sisters Hospital for treatment of cuts and cramping, Buffalo police said.

The suspects allegedly took a set of gold earrings from each victim, as well as a necklace and bracelet from one of the victims.

Armed robbers target William Street store

BUFFALO NEWS January 16, 2010,

Three suspects wearing black hoodies, ski masks and jeans robbed a William Street dollar store Friday evening.

The suspects entered Family Dollar at 459 William St. shortly before 8 p.m. and displayed handguns. They took an undetermined amount of cash from the registers and fled west on William Street, Buffalo police said

Ex-con convicted of killing his drug supplier

By Matt Gryta

BUFFALO News Staff Reporter January 14, 2010,

Weldon H. Young, an admitted crack cocaine addict, was convicted today of fatally beating his alleged drug supplier in a dispute over payments.

The Riley Street resident was found guilty of first-degree manslaughter in the fatal beating of Charles Brackett, 43, last Feb. 23 in the victim's Landon Street home.

Young, also 43, was found not guilty of second-degree murder but the jury of 10 men and two women rejected his self-defense claim.

The jury deliberated for three days after a week-long trial before State Supreme Court Justice M. William Boller.

Young, who previously served a prison term for dragging a Buffalo police officer down Wakefield Avenue in a stolen car in the summer of 1997, did not react as the verdict was announced about 2 p.m.

Young will remain in custody pending his Feb. 19 sentencing. Prosecutors Colleen Curtin Gable and Brian D. Langenfeld said they will urge Erie County District Attorney Frank A. Sedita III to recommend the judge impose the maximum-allowable 25-year prison term.

Witness to homicide threatened by intruders

BUFFALO NEWS January 14, 2010,

A Lawn Avenue woman who is a witness in a recent homicide was threatened Tuesday by two masked men who threatened to shoot her if she testifies in court, Buffalo police said.

The victim told police that the two entered her home just before 6 p. m. through an unlocked door and pointed a shotgun at her and a teenage boy inside.

She said the two threatened “to shoot her if she testifies in court.” One shot was fired into the ceiling before both intruders fled.

Northwest District police are investigating.

Man gets up to 25 years in prison for beating of 91-year-old

By Matt GrytaNEWS STAFF REPORTER

Updated: January 12, 2010, 12:22 PM

John Butler, already in prison on a parole violation, was sentenced today to up to 25 more years behind bars for the fatal beating of a 91-year-old woman during a home invasion 17 years ago.

State Supreme Court Justice Penny M. Wolfgang imposed the stiff sentence on Butler's belated admission of fatally beating Mabel I. Neuner during a Christmastime 1993 home invasion on Lang Avenue. The judge denounced Butler as "a seriously dangerous criminal" who continued to commit crimes, "particularly against other women," for years.

"Society needs to be protected from you," the judge told Butler, 32, formerly of Dartmouth Avenue.

As his murder trial was about to start, Butler pleaded guilty Dec. 1 to first-degree manslaughter in a deal accepted by the victim's family.

Butler had been slated to be released from the Attica Correctional Facility on a parole violation sentence in December 2012. Instead, that date will now mark the beginning of the eight-and-one-third to 25-year prison term Wolfgang imposed for the fatal beating of the retired Deaconess Hospital operating-room technician.

Though Butler apologetically told the judge he was only 16 when he killed Neuner and was hanging out with "the wrong people," homicide prosecutor Gary W. Hackbush reminded the judge that his elderly victim's "pleas for justice were silenced" for almost two decades.

Buffalo Police Cold Case detectives, working with the Erie County district attorney's office, charged Butler with the 1993 murder last March. Two of his former teenaged crime accomplices, Steve Martin and Jermain Dunbar, also both 32 and in jail, face sentencing on burglary charges in the case later this week. Both pleaded guilty.

mgryta@buffnews.com

Woman forced into car and robbed at gunpoint

BUFFALO NEWS January 11, 2010,

Buffalo police are looking for a man suspected of robbing a woman at gunpoint Sunday afternoon on Dingens Street.

The woman told police she was walking down Dingens at about 1 p. m., when a man driving an older model Buick or Oldsmobile stopped, took a small handgun from his sweat shirt and told her, “Get in the car.”

The man took her ATM card, digital camera and cell phone before driving her downtown and dropping her off at Elmwood Avenue and Johnson Park

Thieves get winter coat in mugging on East Side

BUFFALO NEWS January 10, 2010,

A man was hit over the head and robbed of his cash and coat late Friday in the city’s Broadway-Fillmore neighborhood, police said Saturday.

The victim told police he was at Broadway and Fillmore Avenue at about 11 p. m. when he was hit in the back of the head with what he believed was a gun. The two bandits took the victim’s wallet containing $147, a backpack containing his work uniform, black Southpole jacket and knit cap, police said

Suspect lugging TV set charged in home break-in

BUFFALO NEWS January 07, 2010,

Northeast District police who disrupted a burglary in progress late Wednesday morning arrested a Cheektowaga man stealing a 42-inch television set on Harriet Avenue, Buffalo police said.

Demone T. Peoples, 28, of East End Avenue, was charged with burglary, grand larceny, felony criminal mischief, criminal possession of stolen property and obstructing governmental administration.

Peoples broke into the home through a back window at about 11 a. m. and left through the front door. A short time later, Officers Jonathan Pietrzak and James Whitaker spotted Peoples in a nearby yard carrying a large rectangular object wrapped in a blanket, police said.

When the officers attempted to question Peoples, he dropped the TV and fled on foot, police said. Officer Terry McKnight arrested Peoples a short time later on Hazelwood Avenue, police added.

City police probe 3 homicides in new year

By T.J. Pignataro

BUFFALO NEWS News Staff Reporter January 06, 2010,

Buffalo police are seeking help from the public in tackling three homicides so far in the new year.

The latest slayings occurred Tuesday in the city’s South and Central districts.

The body of Christopher M. Rudow, 32, of Scott Street, was discovered at about 12:45 p.m. Tuesday by South District officers in his apartment in the Lofts at Elk Terminal, police said. An autopsy Wednesday in the Erie County medical examiner’s office determined he died of blunt force trauma, police said.

At about 6:40 p.m. Tuesday, Central District police responded to a call of a “person down” at 376 Hudson St. Police learned that family members of William Foster, 44, found his body in his second-floor apartment. Foster, an autopsy confirmed Wednesday, died of multiple stab wounds.

“Detectives in both of these cases are trying to determine the whereabouts of both victims, and who they may have been with, prior to their deaths,” said Dennis J. Richards, chief of detectives. “In each case, the victims were found in their residence, and they appeared to have been dead for more than a day.”

Richards said it is unlikely Tuesday’s homicides are related. “There’s no clear motive that has been established, and no arrests have been made,” he said.

The two homicides followed the Friday afternoon slaying of Aaron T. James, 17, of Sherman Street, who was shot in the 100 block of Strauss Street. James was pronounced dead at the scene. No arrests have been made.

“We need people to come forward with information to solve these cases, and [we] strongly encourage anyone with information to contact police,” Richards said.

Anyone with information on any of the three homicides is urged to call the city’s confidential tip line at 847-2255.

This year is the most active start to a new year for homicides since 1998.

Last year, the city recorded its third and fourth homicides on Jan. 18, when Chisha Hawkins, 27, of Dartmouth Avenue, and Vernard Miller, 38, of Sumner Place, were both found shot inside Hawkins’ house, which had been set on fire.

Hawkins’ ex-fiance, Byron Howard, 22, of Easton Avenue, was convicted last month in the two murders and faces life in prison at his sentencing next Thursday.

tpignataro@buffnews.com

Man walking on West Side robbed of $250 at gunpoint

BUFFALO NEWS January 04, 2010,

Buffalo police are looking for a West Side holdup man.

A Buffalo man told police that he was walking at the corner of Hampshire Street and Normal Avenue shortly before 2 a. m. Sunday when the bandit walked up to him, pointed a handgun and said, “Drop everything.”

The victim said he was robbed of $250 cash.

Man returns from hospital, finds his home looted

BUFFALO NEWS January 04, 2010,

An East Side man returned from an 11-day hospital stay Sunday to find that thieves had plundered his home of electronics, furniture and appliances, Buffalo police reported.

The resident of Liddell Street, off Broadway, was hospitalized between Dec. 23 and Sunday.

Sometime during that span, burglars entered the home and stole a set of bunk beds, a couch, refrigerator, hot water tank and two TVs. It’s not clear how they got inside the residence.

Bill Wippert - Bill Wippert / Buffalo News file photo
Haunting reminders of homicide were prevalent last year. Officials say 2008's near-record low number of homicides was an anomaly, and 2009 figures were in line with tallies from previous years.

Gang violence boosts death tally

A spike in the number of deadly gangland quarrels pushed last year's homicide count to 60

by Lou Michel News Staff Reporter

Updated: January 03, 2010,

Just when it looked like Buffalo had a chance to begin a trend of fewer homicides, gang violence derailed the possibility.

City and police officials began last year buoyed by 2008's near-record low of 37 homicides, and they predicted the city was headed in the right direction.

But deadly quarrels among gang members fighting over drugs, money and turf pushed the number of homicides to 60 during the last 12 months.

That represents a 62 percent increase over 2008.

"Buy a gun," a member of a recently busted inner-city gang told The Buffalo News last week when asked what could be done to curtail homicides. "Hey, I'm just being honest. You asked."

Tall and good looking, the young man half smiled, shrugged and seemed to disappear into his oversized winter coat. 

Twice the victim of gunfire — a fact a street cop confirmed — the young man said he views self-protection as the best means of avoiding death on the streets.

The gangs that fight over territory and drugs, he said, are often not well organized.

"It's more like disorganized," he said, asking that his name be withheld.

Police officials don't agree with his advice to take up a gun, but they do say his description of most local gangs is accurate. The only problem is that these disorganized gangs sometimes hit their targets with deadly accuracy.

"We've had a spike in homicides due to the gangland violence. We had more gang violence in 2009 than we did in 2008," said Interim Police Commissioner Daniel Derenda. "We've also had a spike in domestic homicides, and we're working diligently to curtail those numbers going forward."

Describing 2008's low number of slayings as an anomaly, police said last year's 60 killings are more in line with homicide tallies from other years. They also say that perhaps more of the bad guys were behind bars in 2008 and unable to participate in shooting sprees.

"These kids are out here fighting for drugs and to secure a territory. We are reactive to those incidents," a district police official said in explaining that it is next to impossible to predict and prevent this type of violence.

One of the incidents that seemed to highlight the violence last year was the slaying of two young people and wounding of three others late at night in August on Hirschbeck Street.

Police said it was probably a drug-related robbery. Relatives of the dead vehemently disagree.

Family members believe revenge was on the mind of the lone shooter.

Less than 24 hours before the double murder of Jamie Norton, 19, and Joey Lovett, 25, Norton had helped prosecutors build a case against another young man accused of beating and strangling a Sudanese teenager in early June.

Norton testified to the grand jury on Aug. 4 that Julian L. Christopher had taken her car in order to dispose of the teen's body.

"The general consensus is, if it is drug-related, let them kill each other off. That's how people in general feel until it hits home," said Theresa Lovett. She thinks her son may have been in the wrong place at the wrong time as he spoke to Norton on a porch at 72 Hirschbeck, where the killings occurred.

"I think this was more in retaliation for Jamie's grand jury testimony. She realized later what they had used her car for — to transport the body. She tried to do the right thing and help the police, and it cost her her life," Christy Norton said. "If there were more stand- up citizens like my young daughter, then more of these people would be going to jail for their crimes instead of getting away with them, and somebody would be going to jail for what they did to Jamie."

Christopher eventually pleaded guilty to the killing of 15-year-old Rual Kowat and was sentenced to 20 years in prison. The teen's family had come to this country from Sudan to escape violence in their homeland.

The investigation to find Norton and Lovett's killer remains active, police say.

Another active investigation involves one of the most controversial deaths of 2009 — a death that is not even listed as a homicide.

Relatives of Amanda L. Wienckowski, a 20-year-old woman who grew up in Kenmore and later lived in Lewiston, say there's no question she was murdered.

"When someone is found upside down, dead and naked in a garbage tote, and you couldn't obviously climb in the thing, it would appear that this is the result of foul play," said Ken Fink, Wienckowski's stepfather.

He and Wienckowski's mother, Leslie Brill, continue to raise money to have the young woman's body exhumed and shipped to a California medical examiner in the hopes that a second autopsy will provide evidence she was murdered and not the victim of an accidental drug overdose — the determination made by the Erie County medical examiner.

The past year also brought homicide investigators success in solving 25 homicides, showing a gradual trend in improving the city's clearance rate for homicides.

The 2009 clearance rate was 42 percent, up 2 percentage points from 2008 and 4 points from 2007.

The national average for 2008 was 64 percent, but police spokesman Michael J. DeGeorge pointed out that the FBI's average includes cold cases from previous years that were solved in 2008.

If the city's cold cases were included in the count for the calendar year in which they were solved, DeGeorge said, the department "would be on par with the national solvability rate."

Buffalo homicide investigators earned praise when they caught the alleged killer of Javon R. Jackson, who was fatally shot May 10 while celebrating just hours after graduating from the University of Buffalo with an electrical engineering degree.

When detectives made the arrest, Jackson's mother declared that at least her son would have justice. In this highly publicized University Heights homicide, police brass and Mayor Byron W. Brown announced the arrest at the corner of Main Street and Lisbon Avenue, not far from where Jackson, 23, had been shot.

A police surveillance camera provided key footage that led to the May 27 arrest, and in July a second young man was arrested.

"Without the camera, to this day, we may not have had an arrest. The camera was instrumental in solving that case," Derenda said, adding, "detectives are working hard to solve many of the cases from 2009, and we're expecting some positive results in the very near future."

But no matter how many homicides there are in any given year, the pain from the loss of life to those closest to the victims is beyond calculation.

"So many other lives are destroyed," said Christy Norton.

When the gunman repeatedly fired at her daughter and Lovett, he not only took their lives, but passed a life sentence to Lovett's toddler son, who is now growing up fatherless.

On Christmas Eve, the child, who is named for his dad, spent the evening with his paternal grandmother.

Each time little Joey Lovett saw a photograph of his father, he said, "That's my daddy. That's my daddy," according to the toddler's mother, Kelly Kauffman.

"I think he was expecting his daddy to walk in through the door," Kauffman said.

But that never happened.

Trying to put the best face on it, Kauffman said she is certain her former boyfriend is watching over their son.

"He's not here anymore, but I believe he is looking down on us and protecting his son. He loved his son more than anything."

lmichel@buffnews.com

Cop impostor shoots man in Riverside home

BUFFALO NEWS January 03, 2010,

A Buffalo man was shot early Saturday in a home in the city’s Riverside neighborhood, police said.  

Antonio Potter, no age available, of West Delavan Avenue, was taken to Erie County Medical Center with a bullet lodged in his left arm, according to police. His condition was unavailable late Saturday.

Details of the shooting were sketchy. Witnesses told police Potter was in a home on Fuller Street just after 2 a. m. when the shooting occurred.

A man posing as a police officer entered the house and shot Potter, who was in a bedroom, according to police. The gunman took money from atop a dresser and ran out of the house.

Man shot on East Side is year’s first homicide

By Lou Michel

BUFFALO NEWS STAFF REPORTER Updated: January 02, 2010, 

Buffalo homicide detectives opened their first murder investigation of the new year at about 1 p. m. Friday on the city’s East Side.

A 911 “shots fired” call for assistance quickly turned into a homicide probe when police arrived at the scene on Strauss Street between Broadway and Sycamore Street, according to authorities.

The victim, a male described as in his late teens or early 20s, was not immediately identified. He was found lying on the sidewalk outside a residence at 135 Strauss, after being shot while in the street and managing to stagger a short distance, leaving a trail of blood before collapsing, police said.

According to police spokesman Michael J. DeGeorge, the young man was pronounced dead at the scene.

Investigators said they found two sets of identification on him, complicating the identification process.

Also, there were no witnesses when police arrived and as a result, DeGeorge has issued a request that anyone with information about the shooting call the police confidential TIP-CALL line at 847-2255.

In a second tragedy marking the start of 2010, a man was left in critical condition from a house fire at 47 Woeppel St., between Humboldt Parkway and Fillmore Avenue, at about 3:30 a. m. Friday.

Buffalo firefighters pulled the individual from the blaze and rescued three others as well.

The man, whose identity has not been released, was first taken to Sisters Hospital and then transferred to Erie County Medical Center.

The fire, authorities said, started on the first floor of the 2 z -story, wood-frame home and caused a total of $18,000 in damage.

An investigation into what started the fire was continuing.

lmichel@buffnews.com