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Lewiston Road to finally reopen

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NIAGARA FALLS – A long-closed road marred by a messy construction dispute will finally reopen to traffic today.

Lewiston Road – which becomes Main Street near the city – will open to traffic this afternoon, according to city officials. They will host a public ribbon-cutting at 2 p.m. at the intersection of Ontario Avenue and Main Street.

The road was closed during a legal battle between the city and former contractor Man O’Trees.

Mark Cerrone Inc. was recently hired to complete the road and will finish the job next year, officials said.


Trailer stationed to offer relief supplies

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LOCKPORT – A trailer with emergency relief supplies is being stationed in Eastern Niagara County to provide assistance quickly in case of disaster, the American Red Cross Serving Erie and Niagara Counties announced Thursday.

The trailer, which contains cots, blankets and other emergency needs, will be based at the Rapids Fire Hall on Old Beattie Road in the Town of Lockport. It was purchased with the help of a $6,000 donation from the Grigg-Lewis Foundation, established by Henrietta Grigg Lewis, a longtime volunteer with the Red Cross in Eastern Niagara County.

“This trailer will greatly cut down on our response time should a disaster strike Eastern Niagara County,” said Mark Dashner, Red Cross director of Niagara County services, “allowing our staff and volunteers to quickly set up emergency shelters in affected areas and give local residents someplace to turn when they need it most.”

Fire routs Newfane couple from home

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NEWFANE – Fire ripped through a house on Rathke Heights at midday Thursday, destroying the home and leaving the couple who lived there without a place to live, according to the Niagara County Sheriff’s Office.

Several people called 911 shortly before 1 p.m. to report the blaze.

Patrol units arrived at the address to find the house fully engulfed.

Firefighters from Wrights Corners Volunteer Fire Company and Miller Hose Volunteer Fire Company responded.

The homeowners, Duane and Donna Goff, were not home at the time of the fire but returned as firefighters were trying to put out the blaze. The Red Cross was assisting them. Officials said the house was a total loss. The cause was under investigation.

Judge blocks plea deal in Falls slashing

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LOCKPORT – Niagara County Judge Sara Sheldon Farkas said no to a misdemeanor plea offer for a Niagara Falls woman accused of the June 12 slashing of her 19-year-old cousin with a razor blade on Cleveland Avenue in that city.

Shawnquilla N. Armstrong, 20, of Ninth Street, had been indicted on charges of second-degree assault, a felony, and fourth-degree criminal possession of a weapon. However, Assistant District Attorney Ryan K. Parisi was offering a chance to plead guilty to third-degree assault, a misdemeanor.

Armstrong and her attorney, James J. Faso Jr., wanted the plea because Faso said he feared Parisi was planning to resubmit the case to the grand jury in hopes of winning a revised indictment featuring a first-degree assault charge, worth a maximum of 25 years in prison.

However, Farkas on Thursday said she wouldn’t go along with the “extraordinarily generous” misdemeanor plea after Faso admitted he didn’t know a lot of details about the case. Farkas said she didn’t either, and instructed Parisi not to seek a vote on a new indictment. She ordered the sides back to court Wednesday.

Mom of three succeeds in judicial diversion program

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LOCKPORT – A Niagara Falls woman has become one of the rare success stories in the judicial diversion program of court-supervised drug treatment.

Gina M. Frey, 26, of Augustus Place, on Thursday was allowed to cancel her guilty plea to a drug felony and replace it with a misdemeanor. Niagara County Judge Sara Sheldon Farkas then granted her a conditional discharge instead of placing her on probation. Defense attorney James J. Faso Jr. said Frey plans to move to Florida soon.

Frey, who was pregnant with her third child at the time, sold cocaine to a police informant Nov. 11, 2010. She pleaded guilty and was admitted to diversion in August 2011, risking a nine-year state prison if she failed in the program.

Sex offender admits to registration felony

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LOCKPORT – A Level 1 sex offender admitted in Niagara County Court Thursday that he failed to inform the state last March that he moved, as required by state law.

Christopher Montgomery, 29, of Willow Avenue, Niagara Falls, pleaded guilty to a felony count of failure to register, and faces as long as four years in state prison when he is sentenced Feb. 28 by County Judge Matthew J. Murphy III.

Montgomery had been living on South Avenue in the Falls, but when police checked the reported address March 19, they found it was boarded up and vacant, Assistant District Attorney Brian D. Seaman said.

Polish citizen arraigned on double DWI

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LOCKPORT – A citizen of Poland living in Lockport pleaded not guilty Thursday to an indictment charging him with two counts of felony driving while intoxicated.

Mariusz Swider, 36, of Sunnyside Street, was arrested Aug. 3 in the City of Lockport and Sept. 14 in the Town of Lockport, Deputy District Attorney Theodore A. Brenner said. Swider also is charged with two counts of failure to stay in his lane, having an open container of alcohol in a vehicle and fourth-degree criminal mischief, the latter for lawn damage caused when his vehicle went off the pavement during the first incident.

Swider’s blood alcohol content was measured at .14 percent after the first arrest; he refused to be tested the second time. Niagara County Judge Sara Sheldon Farkas set bail at $5,000.

In another case Thursday, Ronald A. Bugyi Jr., 39, of Youngstown-Lockport Road, Ransomville, pleaded guilty to felony DWI and was promised a sentence of no more than one to three years in state prison when he returns before Farkas Feb. 21. Bugyi was arrested May 11 on Youngstown-Lockport Road in Wilson.

One pleads guilty, another not guilty in NT painkiller cases

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LOCKPORT – Steven J. Hummel, 20, of Oliver Street, North Tonawanda, pleaded not guilty Thursday in State Supreme Court to a four-count indictment accusing him of selling prescription painkillers.

Hummel is charged with two counts each of fourth-degree criminal sale and fifth-degree possession of a controlled substance. He allegedly sold buprenorphine March 16 and 20 in North Tonawanda.

In another North Tonawanda painkiller case, Daniel P. Schwartz, 32, of Main Street, City of Tonawanda, admitted to seventh-degree criminal possession of a controlled substance for illegally having hydrocodone in North Tonawanda Feb. 24. Niagara County Judge Sara Sheldon Farkas scheduled sentencing for March 21.

Niagara County’s 2013 tax increase headed downward

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LOCKPORT – When the Niagara County Legislature votes Tuesday night on amendments to the proposed 2013 county budget, cutting the 3.7 percent increase in the tax levy will be the main order of business.

Minority Leader Dennis F. Virtuoso, D-Niagara Falls, submitted a stack of proposed amendments Friday that, if adopted in full, would wipe out the tax increase.

The majority Republicans have yet to disclose their ideas, but Majority Leader Richard E. Updegrove, R-Lockport, promised reductions in the tax hike.

“We will make alterations to the budget proposed by the county manager, because 3.7 percent on the levy is unacceptable,” Updegrove said. “Whatever budget we come up with will be well below the [property tax] cap.”

The state’s 2 percent property tax cap has several exceptions, and Budget Director Daniel R. Huntington has calculated that because of those exceptions, the county’s “real” tax cap for 2013 is 5.08 percent.

Wiping out the tax increase would require a $2.65 million combination of increases in other revenues or further spending cuts. County Manager Jeffrey M. Glatz’s proposed budget eliminates 40 positions, 14 of which are currently filled.

Virtuoso proposed several “big-ticket” changes, the chief one being a further increase of $900,000 in the amount of expected sales tax revenue.

Glatz’s budget had already anticipated a $2.5 million jump in sales tax income.

Friday, Glatz called any substantial jump in that estimate dangerous, saying, “It’s like playing Russian roulette.”

County Treasurer Kyle R. Andrews said, “At this point, I would be comfortable with taking this budget figure and upping it by $500,000.”

He said through the end of October, the most recent figures available, the county was showing “a mild increase” over the 2011 sales tax pace.

Virtuoso said the county chronically underestimates sales tax receipts.

“It’s probably going to go up $1.5 million this year,” he said. “I haven’t been wrong on sales tax yet. Every year I keep saying they underestimated it and I’m right every year. I don’t feel I’m wrong this year, either.”

Andrews said, “It’s our job to present an honest number, and I think we did that in the original budget, an honest number and one which reflects our county’s history of fiscal conservatism.”

He warned that overdoing the sales tax estimate runs the risk of a sudden downturn producing a shortfall that could force the county to “dip into [its] fund balance mid-year.”

“A budget shortfall is another way of saying the taxpayers would have to pick it up next year,” Updegrove said.

Virtuoso also proposed keeping the county’s contribution to its self-insurance fund at this year’s figure of $340,000. Glatz had proposed hiking that funding to $700,000.

Updegrove said the Republicans have talked about the insurance fund, too. “All suggestions from the minority caucus will not be summarily dismissed,” he said.

Virtuoso also proposed cutting the contingency fund by $100,000; trimming all departments’ overtime budgets by 5 percent, saving another $99,000; and using $773,000 in debt reserve funds in addition to the $10 million Glatz proposed to appropriate from the regular surplus.



email: tprohaska@buffnews.com

Lockport man pleads guilty in drug case

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LOCKPORT – Jermaine R. Webster, 32, of McCue Avenue, Lockport, pleaded guilty Friday in State Supreme Court to selling hydrocodone in Lockport April 23 and 24.

Justice Richard C. Kloch Sr. scheduled sentencing Feb. 26 for Webster, who admitted to a reduced felony charge of attempted fifth-degree criminal sale of a controlled substance.

Local parents grieve and ponder what to tell their children about school shootings

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Some cried. A few, too stunned for words, shook their heads and turned away. Many said they felt numb with grief. And one Southtowns mother of two described herself as so saddened that she was thinking of home-schooling.

All this emotion – and much more – poured out of parents across the Buffalo area on Friday, as they learned the details of the mass shooting of 20 small children in an elementary school in Newtown, Conn.

And then, they faced the most difficult of decisions: Whether to tell their own kids about what had happened.

“Kids have good imaginations. They can imagine this happening to them,” said Brendan Dillemuth, a father in Evans, who said he and his wife were still deciding whether to tell their 9-year-old daughter about the day’s events.

Those who seemed to be most devastated by news of the shooting had children in elementary school – and of the same ages as the victims in Connecticut.

These moms and dads couldn’t help thinking, as they hugged their children at school bus stops and playgrounds, about what they would do if they were in the place of the New England parents who, without warning, found a peaceful pre-Christmas weekday rocked by tragedy.

“What about those parents, who sent their kids to school, not knowing they would never see them again?” asked Joy Constantino, a Derby mom of two, wiping away a tear.

“My little girl is brilliant. She watches the news,” Constantino said, of her 9-year-old daughter, whom she said she is now considering schooling at home. “I’d rather tell her. I don’t want her to hear – from somebody else.”

Here are scenes from around the region, about the emotional toll such a heartbreaking national tragedy is having in our own backyard.

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In Amherst, some parents took advantage of the bright December day to walk their children home from school. Among them was Scynette Cook, who said she had been watching news coverage of the shooting before picking up her 5-year-old son.

“I started to cry,” she said.

Cook didn’t plan on telling her son what had happened. “ I don’t want to scare him,” she said.

Beth Baumgartner walked to the school with dog Daisy to pick up her daughter. The shootings “make me sick,” she said.

If her children bring up the subject of the shootings, Baumgartner said, she won’t dodge the issue. “If they bring it up, I will talk to them about it,” she said. “I don’t hide the realities of the world from them.”

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Outside Highland Elementary School in Derby, most parents said they would talk to their kids about the shooting.

One father, Dillemuth, said the world kids today live in – a highly connected one – means that parents have little choice about what to do when it comes to sharing news like this. So while he and his wife might not want to tell their fourth-grader about the shootings, they can’t keep the news from her, either.

“Regardless [of what we do], one parent is going to say something to their kid this weekend, and when they come back on Monday, everybody will know,” he said.

Dillemuth said he and his wife moved to the Southtowns from the Northtowns, to give their daughter an idyllic upbringing.

Now, he realizes, that seems impossible. No place seems safe.

“My wife and I moved our daughter out here because it’s like this,” he said, gesturing at the woods and open skies around him. “Quiet. Peaceful.”

“It scares the hell out of you.”

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In Orchard Park, parents who flocked to Eggert Elementary for a concert grappled with the aftermath of tragedy.

“You’re not safe anywhere, I guess,” said Sarah Malburg, the mother of a 2-year-old. “It’s gotten kind of sad. You just can’t [even] go to school.” Malburg said she “cried my eyes out” when she saw the news.

“You just send your child to school and you think they’re safe,” said Judith Toomey, who watched her granddaughter on the playground of Allendale Elementary in West Seneca. “It’s very hard for children of that age to talk about something like that.”

“They shouldn’t have to think about something like that,” she added, holding back tears.

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In the face of such shocking news, school superintendents found themselves reacting like professionals – but also parents.

Robert Christmann, interim superintendent in Grand Island, was trying to learn the details of the shooting, just like many others.

“This event today will have as great an impact on public schools as Columbine did,” Christmann said, “because of the magnitude of it and the age of the students.”

Hamburg Superintendent Steven Achramovitch told his staff to make sure doors were secure and asked them to be prepared to answer questions from parents. “I’m sure this will raise some things that we haven’t thought about before,” he said.

Paul Connelly, superintendent of the Springville schools, didn’t order a lockdown, but talked to faculty and staff.

In Cheektowaga Central, schools were closed Friday, but officials were bracing for concerns on Monday. “I think the biggest question, and most challenging question, kids will ask is: ‘Can this happen to me?’ ” said Superintendent Dennis Kane.

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In Niagara County, parents who waited for students at Ohio Elementary in North Tonawanda were also concerned. Jamie Derrick said she nearly came early to pick up her three children.

“I had this urge to just come here and get them out of school and hold them and tell them that I love them,” she said.

Instead she waited and arrived just a few minutes ahead of the regular dismissal time.

To show up any sooner, she realized, would have been too alarming for her kids. As she sat in her car, she wondered how she would explain this tragedy to them when they asked.

“I don’t know what to do, honestly,” she said. “I don’t want them to go to school and be scared. It’s something that I need to think hard about.”

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In Buffalo, parents dashed into Bennett Park Montessori to do what they had wanted to so badly from the moment they heard the news: hug their children.

“The first thing I wanted to do when I heard about it was come here and pick him up,” Carlo Maggiolo said of his son, 6.

Many parents were still trying to figure out what to tell their children.

“As soon as he finds out, we’ll have a talk,” Maggiolo said. “We’re planning on talking to him about how to stay safe.”

The news stirred protective instincts for many parents. Sidney Yates’ daughter is 3 years old, but he planned to remind her of safety lessons he’s already tried to drill into her. “I’m going to talk to her in the car on the way home,” Yates said.

Yates said he’s vigilant when he picks his daughter up, scanning the faces of bus drivers, checking for cars he’s never seen. “My eyes are always open,” he said.



News Staff Reporters Jay Rey, Charlie Specht, Harold McNeil, Janice L. Habuda, Michelle Kearns, Maki Becker and Mary B. Pasciak contributed to this report. email: cvogel@buffnews.com

Two Little Girls Show Christmas Spirit

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Helping families that have very little during the holiday season is the inspiration for two young girls who understand the spirit of giving – not just receiving.

Five-year Olivia Roneker of West Seneca recently organized her first food drive, but it certainly will not be her last.

And 11-year-old Madison Scott of Lockport has been collecting toys for less fortunate children for a few years. It’s something she will continue doing.

“Every year, it makes me feel amazing. I get this happy feeling,” Madison said.

Between them, the girls collected thousands of toys and hundreds of pounds of food items for this year’s News Neediest Fund.

Olivia collected enough bags and boxes of food items to fill two SUVs. The bounty was dropped off Friday at Evangelistic E’s Pantry in Cheektowaga.

“We really appreciate it. She can do this anytime,” said Janet Ensmenger, who runs the pantry, which receives support from the News Neediest Fund. The fund is administered by the United Way of Buffalo & Erie County. During last year’s drive, the fund assisted more than 12,000 families and 14,000 children by distributing more than $700,000 in toys and food.

Olivia turned over pasta, spaghetti sauce, canned fruits and vegetables, stuffing, boxed mashed potatoes and even a frozen turkey.

The food drive was her idea, said her mother, Amy. It came about after her school – Northwood Elementary in West Seneca – ran a food drive. When Olivia came home from school one day, she told her mother about her plan to help others.

“I was thinking we could have a food drive,” Olivia said. “So they can have nutritious, healthy food.”

Olivia had been collecting food since Thanksgiving from neighbors, aunts and uncles, friends and even her parents’ co-workers.

“Some of my employees donated,” said Mrs. Roneker, a manager at Outback Restaurant in Hamburg. “Olivia spent a lot of time at the restaurant. Some of our regulars who know her donated.”

Olivia even created about 10 signs that read, “Olivia’s Food Drive. Please Donate. Thank You.”

Olivia was so focused on her goal that when her parents asked her what she wanted for Christmas, the little girl responded, “some more donations.”

Olivia already is thinking about organizing more drives next year and beyond.

The reason she does it is simple. “I heard about people who are needy, and they might not have enough money,” she said.

Meanwhile, Madison dropped off 1,000 toys that she collected for the News Neediest Fund.

It is a tradition of giving that Madison started in 2008 as a second-grader at Fricano Elementary School in the Starpoint School District.

That year Madison donated half of her Christmas toys to the fund. She also inspired two of her brothers to donate as well as her grandparents, many aunts, uncles and cousins from Tonawanda to Philadelphia to Tampa. One of her cousins who worked at a local bank even established a charity account for the toy drive. In the end, Madison and her father, George, dropped off more than 300 toys to the fund.

Madison expanded her reach the following year and collected donations of about 700 toys, games and other items by going door-to-door throughout her neighborhood and taking donations from her classmates at school. She also left a box at her father’s office, and another box was placed at her younger sister’s day care center. A third collection box was set up at Room to Spare Storage in Lockport.

Madison said the support just keeps building.

“When I first started, just my family and friends were donating toys. Now it’s people in my neighborhood and people I don’t even know. The word is really getting around,” Madison said Friday as she dropped off the loot in the lobby of The Buffalo News.

This year, she also collected about 500 pounds of food items – including four turkeys – and expects to do even better next year.

Distribution of toys is handled through the Western New York Holiday Partnership, a collaborative effort of The Buffalo News Neediest Fund, the United Way of Buffalo & Erie County, the United Way of Greater Niagara, Niagara County Partnership, the Salvation Army and many other organizations.



email: dswilliams@buffnews.com

NCCC closes small business center in Lockport

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LOCKPORT – Niagara County Community College has moved out of its Small Business Development Center in downtown Lockport, leaving a large vacant building in the heart of the business district.

The three-story building at Main and Pine streets, originally a Marine Midland Bank branch, was the Corporate Training Center for the NCCC program.

NCCC President James P. Klyczek said last week the college made the move to spread out the small business offerings around the county without enlarging the center’s six-person workforce.

The lease on the former bank was expiring, and the college has rented an office in the Bewley Building at Main and Market streets to carry on its Lockport activities.

“We’re just kind of moving across the street,” Klyczek said.

He said the rent at the Bewley Building is between $4,000 and $5,000 a year, a big savings over the costs of between $110,000 and $120,000 a year at the former bank.

“It’s a lot of building for what they were doing,” said R. Charles Bell, Lockport planning and development director.

Other Small Business Development Center offices will be in the college’s Building C on its main campus in Sanborn; in the Niagara USA Chamber offices in Vantage Center in Wheatfield, better known as home base for the county Industrial Development Agency; and in the NCCC Hospitality and Tourism Center, in the same building with the college’s Culinary Arts Institute in downtown Niagara Falls.

“It was really a combination of things we’ve been working on for the past couple of years, a closer connection with the Chamber and the IDA,” Klyczek said. “It’s really about improving access.”

“They’re keeping a presence in Lockport, which is hugely important for us,” Bell said.

Lynn Oswald, the center’s director, now is based at the Sanborn campus.

The former bank at 50 Main St. is owned by 37 Holdings Lockport LLC, a holding company set up by Roberts Management and Development Co. of Sherman Oaks, Calif.

That company also owns two other downtown Lockport buildings rented by the county: the Social Services Department headquarters at 20 East Ave., which was originally the Harrison Radiator Training Center, and the Golden Triangle Plaza at 111 Main St., headquarters for the motor vehicle office, the Board of Elections and other county agencies.

The county’s leases on those buildings run through 2018.

The California company bought the three buildings from Ulrich Development Co. of Lockport in 2005 for a total of $9.1 million.



email: tprohaska@buffnews.com

January ruling seen on North Tonawanda dispatchers’ suit

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LOCKPORT – Niagara County Judge Matthew J. Murphy III said last week he will rule in about 30 days on whether the six North Tonawanda police dispatchers who were transferred to Niagara County in July are entitled to more seniority-related benefits.

A lawsuit filed on behalf of the six asserts that they are getting a raw deal on salary, shift differentials and retirement health insurance.

The Deputy Sheriffs Association, the union that the six new dispatchers have joined, is arguing against their claim, along with the county and the City of North Tonawanda.

“We have 19 [other] dispatchers that I don’t think that would be fair to,” union President Jeffrey Newman said after a court hearing before Murphy on Monday.

All six dispatchers signed forms accepting the salaries of $20.20 an hour and the job terms included in an agreement between the county and the city that took effect July 1. However, three of the six wrote that they signed “under protest,” with two of them specifying that their protest pertained to a grievance filed against the city by their old union, the Civil Service Employees Association.

W. James Schwan, attorney for the Deputy Sheriffs Association, said that grievance was an effort to prevent the transfer from taking place at all.

North Tonawanda, which shifted its Fire Department dispatching duties to the Niagara County Sheriff’s Office several years ago, sought to do the same with Police Department dispatching. The six civilian dispatchers were transferred to the county, and the city agreed to reimburse the county’s costs for employing them.

The city will pay 75 percent of the county’s cost for the six dispatchers’ salaries and benefits in 2014, 50 percent in 2015 and 25 percent in 2016. In 2017, the county pays the full cost, but the county has been approved for a $400,000 state efficiency grant to help pay its costs.

Despite the city’s reimbursement costs, Mayor Robert G. Ortt has estimated that the transfer of dispatch duties will save city taxpayers $1.7 million over the term of the deal.

The Deputy Sheriffs Association has a six-step pay scale in its contract with the county, meaning it normally takes six years for a new hire to reach top pay, currently $23.15 per hour.

The six North Tonawandans were placed on Step 3, even though they all have between nine and 12 years of experience.

Terry M. Sugrue, attorney for the North Tonawanda six, argued that the arrangement violated state civil service law, because the six were allowed to take their full seniority with them to the county only for purposes of layoff protection and consideration for promotions – not for pay or benefits.

Sugrue said the law requires seniority to be transferred for all purposes in such situations. “The parties can’t simply agree to give the petitioners less than the statute allows,” he told Murphy.

“Each of these individuals signed an agreement accepting these benefits,” Schwan countered.

“These guys didn’t have a choice. ‘Take this job and fight it out, or you’re out of luck.’ And here we are,” Sugrue said.

Chief Thomas C. Beatty said the Sheriff’s Office placed the North Tonawanda six on the same shifts they had been working for the city.

Newman said one of the benefits of seniority comes in “shift bidding.” Each year, the dispatchers get to choose their preferred schedule, but those with the most seniority get to choose first. The North Tonawandans, despite their experience with the city, are on the bottom of the county seniority list for that purpose.

They also are receiving reduced credit toward retirement health insurance and are ineligible for shift differential and longevity payments added to the base salary for more senior dispatchers.

The differential is 50 cents an hour for working the 3-to-11 p.m. shift, and 55 cents an hour for the overnight shift.

The least experienced of the six, nine-year veteran Brenda Higgins, also is missing out on two days of vacation she would have received working for the city, the lawsuit says.

The other five plaintiffs are Lisa DiFrancesco, Kelly Earnst, Michael Janowsky, Michelle Maraschiello and Raymond Yurek.

“These employees are not looking to be placed in a better position than anybody else. They want to protect their statutory rights,” Sugrue said.

“Each of the petitioners entered into a pre-employment agreement. It should be enforced,” said James N. Schmit, attorney for the county.

The city is paying the county the full cost of salaries and benefits for the six this year and in 2013. The six-month tab this year was $236,992.

The North Tonawanda six actually received a 16-cent hourly pay raise for the transfer, according to a chart in the court file. They were earning $20.04 per hour with the city.

“They had no problem grabbing that benefit,” Schwan said.

However, had they stayed in North Tonawanda, their salaries would have risen to $20.24 as of July 1, 4 cents more than their county pay.

But according to the Deputy Sheriffs Association contract, as they move up the steps, their salaries will outstrip those in the city CSEA contract. By 2015, when they are scheduled to reach $23.15 per hour, their North Tonawanda pay would have been $21.17 per hour.

City Attorney Shawn P. Nickerson argued that the city should not be a party to the lawsuit, contending that the case is over how to interpret the Deputy Sheriffs Association contract and noting that the plaintiffs don’t work for North Tonawanda anymore.



email: tprohaska@buffnews.com

From the blotter / Police calls and court cases, Dec. 3 to 11

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A Fernwood Drive man told Niagara County sheriff’s deputies he was swindled out of $305 when he attempted to get a loan from a company called Fast Pay Loans.

The 65-year-old victim told deputies that a woman called him in November and asked him if he would be interested in a $5,000 loan. He said he told her yes and sent $305 via Western Union to a man in Riverside, Calif.

The victim told deputies that the woman then contacted him again and said there was an error in the Western Union money order and asked him to send it again. He said he realized he was being scammed and refused to send more money.

Patrol directed the victim to put a hold on any bank account information that he may have provided. The victim said he also has contacted the fraud department at Western Union.Residents in the 1600 block of South Avenue told police they arrived home at 2:30 p.m. to find their door kicked in and thousands of dollars worth of electronics, jewelry, cash and medication stolen.

One victim said he has been receiving threatening messages from a suspect who wanted money from the victim. He said they were out from noon to 2:30 p.m. and when they returned they found a door was kicked in, damaging the frame and glass in the door.

Stolen was a game system, games, a laptop, gold necklace, gold rings, earrings, $400 cash and hydrocodone. Total loss and damages was put at $2,310.A man and woman said they were in their bed, asleep, when two men broke in and demanded jewelry at 3:19 a.m. in the 2900 block of Macklem Avenue, Niagara Falls.

The 65-year-old victim told police he went to grab a handgun, a Glock 30 he keeps in a holster next to his bed for protection, but he said one of the men grabbed his arm so he could not remove the gun. The suspect then took the gun and both men ran down the stairs and left, he told police.

The couple said they had locked the door, but police said they found no sign of forced entry.

• A 20-year-old Niagara Falls man said he was shot while he walked home with a friend as he crossed the 11th Street bridge just after midnight.

The victim said a tan-colored SUV with tinted windows approached them heading southbound, then slowed down as it passed them. He said he heard a “crackling noise” as the vehicle passed, then felt a burning sensation in his right buttock and felt shooting pain in his leg and could not walk.

The victim said he realized he had been shot and called his mother for a ride to the hospital.

The friend told police that he saw a man roll down his window and put the barrel of a shotgun out of the window, then he also heard the crackling noise.

The victim was transferred from Niagara Falls Memorial Medical Center to Erie County Medical Center for surgery to remove a bullet. A doctor told police that the bullet appears to have come from a .22 caliber shotgun.Police investigated a pair of house burglaries, including one in which several Christmas gifts were reported stolen.

A North Avenue woman reported that someone broke the glass out of her front door and entered her home sometime between 8 p.m. Thursday and 7:30 a.m. Friday. Several Christmas baskets in a room off the front of the home were rifled through, and various items were taken, including knitted towels, toys, coins, candies and decorations.

The victim reported that $25 in cash was also taken out of her purse. She set her total loss at $264.

Nothing was stolen after someone apparently tried to kick in the front door of a 99th Street home, causing an estimated $500 damage, police said. The incident occurred between 8:30 a.m. and 3:15 p.m., according to reports.

• A Canadian man had his car broken into overnight in the lot of a downtown motel, one of four such vehicle break-ins investigated by police.

Someone broke a window out of the Ontario resident’s car while it was parked at the Sheraton Hotel, stealing a bag containing reading glasses and other personal belongings. Loss was pegged at $320.

A city man had his car broken into in similar fashion at the Days Inn on Main Street between 2:30 and 5:30 a.m. Saturday. A cellphone valued at $300 was stolen.

A Woodlawn Avenue resident reported that someone ransacked her vehicle while it was parked outside her home, stealing a pair of disposable cameras. A Jerauld Avenue man’s car had been broken into earlier in the day, with thieves damaging a rear seat while stealing an amplifier and a pair of speakers. Loss was pegged at $650.

• An $879 Cannondale mountain bike was stolen from an unlocked Emily Lane garage in Lockport sometime between Friday and Saturday morning, sheriff’s deputies said. The homeowner reported that a car inside the garage at the time had also been rifled through, although nothing appeared to be missing from inside the vehicle.Both participants pointed the finger of blame at the other after two women battled outside a Niagara Street bar.

Police said a 35-year-old Willow Avenue resident left Player’s Bar around 3 a.m. and reported being confronted outside by a woman known to occasionally date the victim’s boyfriend. She said that a brawl ensued, during which she was cut on the lower back.

The other combatant, a 28-year-old Ninth Street woman, told police the other woman instigated the fight after insulting her mother. She said that she had an earring ripped from her ear and her hair pulled during the melee, before onlookers broke it up.

A witness told police no weapons were involved, but the first victim broke a glass prior to the scuffle and probably got cut from that. No charges were filed.

• A 2003 Mercury was stolen from the 400 block of 10th Street after the owner left it running while dropping her son off at a nearby home. The victim, a Mackenna Avenue resident, told police she parked the sport utility vehicle in front of the home about 9 p.m. and ran inside briefly to drop off her son. While inside, she heard a loud noise and emerged to find a quarter-panel from the vehicle lying in the roadway, but the vehicle itself was gone.

• A Niagara Falls man told investigators that a spark plug change earlier in the day may have triggered a fire that damaged his 1995 Pontiac. The man told police he drove from his home to the Summit Fitness Center on Williams Road in Wheatfield around 3 p.m. and, upon exiting the vehicle, noticed the engine compartment was on fire. Staffers from the business extinguished the fire. Extent of damage to the vehicle was not immediately known.

• A Wilson woman estimated her loss in excess of $500 after her car was broken into in the Third Street parking lot of the Bank of America in Niagara Falls. Police said that someone broke a window to gain entry to the car, sometime between midnight and 3 a.m. Items stolen included a make-up bag and a pair of computer flash drives.A passing motorist alerted a city women that her car was on fire. The victim, a Livingston Avenue resident, was driving in the 4700 block of Hyde Park Boulevard in Niagara Falls just after 2 a.m. when she learned that her recently purchased 2008 Saturn was on fire. She pulled over in a gas station parking lot and police were able to extinguish the flames using their in-car extinguishers. The amount of damage done to the car was not reported.

• A Niagara Falls man said he was checking on an apartment for a friend who was in jail and found kitchen cabinets had been pulled off the wall and left broken on the floor, and a drop ceiling was pulled down, from the apartment in the 2000 block of Walnut Avenue.

The complainant told police that since he last checked on Friday afternoon and Sunday afternoon, someone damaged the apartment and also took two miter saws, two cable boxes and an Internet box from the apartment. The friend said he had removed most of the property from the apartment prior to the burglary and all that was left were the saws and cable equipment.

Total loss and damage were listed at $1,950.A Niagara Falls man pleaded not guilty to a six-count cocaine possession indictment in Niagara County Court Tuesday, but he also asked to be screened for admission to the judicial diversion program of court-supervised drug treatment. He would have to plead guilty to enter the program.

Jason M. Klinger, 37, of 15th Street, was arrested March 9 when a probation officer visiting his home found bags of cocaine.

Lakeview Animal Sanctuary tries to rebuild

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Sandy Pfohl, who owns Lakeview Animal Sanctuary on Fiegle Road, Pendleton, has been rescuing animals since she was a child.

But after two fires in two months, one of which destroyed her barn and killed more than 80 animals, the licensed wildlife rehabilitator is looking for the community to come to her rescue.

With a big assist from Parco Builders, Pfohl and her friends are putting up the shell of a new 100-by-32-foot barn to replace the one that was destroyed. They still need to raise $100,000 to finish the inside of the barn with stalls. So far they have raised a little above $30,000 with auctions and fundraisers.

“I was insured for about $36,000, and they used that to put up the barn, but a normal barn that size would cost twice that much,” Pfohl said.

The fast-moving fire destroyed the Fiegle Road animal sanctuary barn on Sept. 11. Pfohl said she and sanctuary Vice President Donna Boskat; Boskat’s husband, Ray; and employee Peter Marko attempted to pull out as many animals as they could. Pfohl said she had to be pulled out herself with her hair partially on fire, refusing to stop and come out.

“The barn went down in 10 minutes. I never gave a thought as to how dangerous the fire was. I had to get the animals out and open the cages. I got [the turkey] Thomas T. Butterball out, the horses out,” she said.

She said she lost 83 animals, including lambs, goats, some sheep and an alpaca in the fire.

“I watched a llama come out, then just lay down and die in front of me,” she said.

Also lost was a lamb called F.W. Woolworth that was featured on some of their T-shirts and a lamb named Oreo that was featured in their name the lamb contest .

“They all had personalities, and I loved every one of them. And every one of them was a rescue,” Pfohl said. “A lot of times I feel like I have let them down because I couldn’t get them out.”

Pfohl said she has been rescuing animals for as long as she can remember.

“It’s no moneymaker. I go all over Niagara and Erie County and don’t ask anyone for money, not a penny to pick animals up. I have rescued an alligator in Niagara Falls, and this past summer I was called to pick up 11 skunks in a guy’s backyard, and he gave me a $25 donation, that didn’t even cover my gas, but I couldn’t not do it,” Pfohl said.

And she also can’t stop now, which is why she needs to rebuild her barn.

She said investigators believe that an animal may have chewed through a wire, which caused a spark when they turned the lights on and started smoldering in the straw. The fire then took off when the fans were turned on to remove what they thought was dust, but was actually smoke.

Then, on Nov. 17, as she drove some of her remaining animals to participate in a petting zoo at a rescue/adoption event in Blasdell, her 1999 Chevy Blazer caught fire. Though no animals were lost, her vehicle was destroyed, and hundreds of dollars worth of donated gift cards meant to help her get back on her feet went up in the fire.

She also lost her appointment book and has been asking anyone who has asked her to appear to contact her and confirm her attendance at upcoming events.

The calls for help have been heeded.

Junior Girl Scout Troop Co-Leader Lisa A. Capell said the girls, ages 10 and 11, jumped at the chance to pitch in.

“They love animals in general and have volunteered at Lakeview in the past. She’s such a nice lady and made such and impression on the girls,” Capell said. “She has all of these animals. She actually brought Tom the turkey, who walked up to each girl, and a few owls to our meeting.”

She said the girls and co-leader Barb Faller, held an event Dec. 1 at Skateland in Lockport, which helped to raise $448 in donations, as well as gift cards and filled up bins with hundreds of donated items, including animal feed, cleaning detergent and sheets and towels.

“It was a phenomenal event. The girls really worked hard,” Capell said.

But Pfohl said much more needs to be done. “We are going to need a lot of help out here, especially after the first of the year,” she said.

Anyone who would like to donate or volunteer can contact the board on the group’s website at www.lakeviewanimalsanctuary.org or the Lakeview Animal Sanctuary facebook site.



email: nfischer@buffnews.com

Child Advocacy Center opens satellite facility

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LOCKPORT – For 17 years, Niagara County law enforcers and counselors have been hoping for a second location for the Child Advocacy Center, where victims of sexual and physical abuse are counseled and interviewed.

Thursday, that became a reality, as the ribbon was cut for the center’s new Lockport satellite in the YWCA of Niagara on Cottage Street.

“It’s ironic that we’re here so close to Christmas, because this is a room full of angels,” Sheriff James R. Voutour said. “It really is a shame we have to have a place like the Child Advocacy Center, but in our world today, we have to.”

The center is a place where victims can be interviewed in child-friendly surroundings so that response is coordinated and the number of times the children have to repeat their stories is reduced.

Ann Marie Tucker, vice president of Niagara Falls Memorial Medical Center and the original executive director of the center, said that since its founding in 1995, about 4,000 children have been assisted there. Almost 40 percent of them were under the age of 7, and 75 percent were under 13.

The main Child Advocacy Center is hosted by Memorial on its Niagara Falls campus.

Deputy District Attorney Holly E. Sloma, head of the Special Victims Unit at the District Attorney’s Office, said she and her colleagues see “the worst of the worst. It’s amazing what happens in little old Niagara County. It’s amazing the evil that is among us.”

Voutour said, “The ability for us to put bad guys and bad girls in jail is so much greater because of the Child Advocacy Center.”

Kathleen Granchelli, YWCA executive director, said the two main architects of the project were Laura Kelemen, the center’s executive director, and Mary Brennan-Taylor, YWCA vice president of programs.

“This project really is tangible proof of what can happen when agencies join hands,” Brennan-Taylor said.

“It really was the vision and commitment from the YWCA that brought this project to fruition,” Kelemen said.

That, and donations to pay the $18,500 cost of remodeling a room in the YWCA’s basement. Although many service clubs and individuals kicked in, the largest donors were Michael and Billie Jo Radecke, the son and daughter-in-law of former Lockport Mayor Joan Radecke, who also attended Thursday’s ceremony.

“It’s exciting. I’m proud to be from this community,” said Michael Radecke, a financial adviser at Morgan Stanley in Williamsville.

The Radeckes are close friends of Brennan-Taylor. “When she told us of the need and the importance, we embraced it,” Billie Jo Radecke said. Their daughter Wellsley is studying for her master’s degree in marriage and family therapy, so the family was interested in bolstering a counseling program in Lockport.

“Michael Radecke and his family stepped up to the plate. They gave us the money to get things startled,” Brennan-Taylor said.

“This facility just demonstrates what the YWCA does for us,” Assemblywoman Jane Corwin said.



email: tprohaska@buffnews.com

Progress made in cleanup of former Nike base in Cambria

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CAMBRIA – Potential redevelopment of two parcels on the former Lockport Air Force Station property at the corner of Route 31 and Old Shawnee Road is edging toward reality with the demolition of a half-dozen abandoned, formerly asbestos-laden buildings.

The Niagara County Brownfield Development Corp. awarded the Cambria project $400,000 in federal funding in May 2011 to clean up the site and make it marketable.

The Niagara County Center for Economic Development, working with National Grid, procured a grant for $300,000 to help complete the work.

The project had earned a $250,000 U.S. Department of Housing and Urban Development grant in 2010, some of which was used on an environmental study.

Apollo Dismantling Services was awarded the contract to remove the contaminants; demolish the half-dozen abandoned buildings, which included an old gym, an administration building, a water tower, sheds, the rubble from an arson-damaged building and a sizable generator building; and restore the site. Work began in August and is expected to be completed next year, according to Christian W. Peck, Niagara County’s public information officer.

The site housed the former Lockport Air Force Station, serving as a radar control facility for the long-defunct Nike missile base. Cambria’s Housing Authority has owned the property since the late 1970s, after a proposal to build a state prison there was dropped.

Two separate parcels make up the site near the Cambria Commons, a senior housing project operated by the Belmont Corp., and the Unicorn Apartments. Twenty-eight single-family homes are also situated nearby.

“Work is essentially completed on the larger of the two parcels (8.9 acres), on the western edge of the property,” said Cambria Supervisor Wright H. Ellis.

“The other parcel (5.6 acres), which is more centrally located, contained an old generator building, and that has been demolished, but in testing the soil several feet down, they found petroleum contaminants underneath where the generator building stood. This will take additional work but will complete the work plan.”

“All buildings set for demolition have been demolished, and the soil remediation has to wait until spring,” Peck said.

He added that a building used as a former bomb shelter on the site “was secured, but we don’t anticipate its removal.”

Ellis added, “The goal, of course, in remediating a site is to get rid of any contaminants, then make it available for any further development, like small business or even some type of residential use. At one time, there had been interest in building patio homes there. Our long-term goal is to get this land back on the tax rolls.”

Peck said the town is the lead agency for the project and will determine who will market the site after it is remediated.

He added, “If the town seeks the assistance of the Niagara County Industrial Development Agency, it will be more than willing to help.”



email: niagaranews@buffnews.com

Niagara Honor Roll

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Air Force Airman Jonathan L. Bias and Air Force Reserve Airman 1st Class David J. Winchell graduated from basic military training at Lackland Air Force Base, San Antonio.

The airmen completed an eight-week program that included training in military discipline and studies, Air Force core values, physical fitness and basic warfare principles and skills.

Airmen who complete basic training earn four credits toward an associate in applied science degree through the Community College of the Air Force.

Bias is the son of Catrina Bias of South Main Street, Albion. He is a 2011 graduate of Albion High School.

Winchell is a 2011 graduate of Newfane High School.

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Army Reserve Spc. Yasmeen Smith has graduated from basic combat training at Fort Jackson, Columbia, S.C.

During the nine weeks of training, Smith studied the Army mission, history, tradition and core values and physical fitness, and received instruction and practice in basic combat skills, military weapons, chemical warfare and bayonet training, drill and ceremony, marching, rifle marksmanship, armed and unarmed combat, map reading, field tactics, military courtesy, military justice system, basic first aid, foot marches and field training exercises.

She is a 2008 graduate of Niagara Wheatfield High School. She earned a bachelor’s degree in 2012 from Niagara University.

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The Rev. Joseph L. Levesque, Niagara University president, was recently presented a service award from the Turkish Cultural Center inBuffalo and the Peace Islands Institute.

The honor is granted in recognition of exemplary services and contribution to the service learning education in fighting poverty.

The Turkish Cultural Center and the Peace Islands Institute co-organized the Fourth Annual Friendship Dinner and Awards Ceremony on Nov. 26, which brought academics, elected officials and other community leaders together to promote diversity, peace and mutual understanding through dialogue. Levesque was unable to attend this year’s event, prompting his receipt of the award Dec. 7.

The Turkish Cultural Center in Buffalo was founded in December 2005 by the Turkish-American community in Buffalo to increase awareness of Turkish culture, music, literature and arts in the society; to build strong bridges between Turkish and American people based on respect, understanding and tolerance; and to help Turkish immigrants and refugees adapt to the life in Buffalo and America.

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Niagara University and 12 partners, including the Niagara Falls City School District, have been awarded an Investing in Innovation grant of $3 million from the U.S. Department of Education.

The federally funded program is designed to advance student achievement in high-need schools in grades three through six in mathematics and science through improved teacher preparation and early-career teaching support.

The project, “Building a Pipeline of Teaching Excellence,” capitalizes on the National Board for Professional Teaching Standards’ unique repository of case studies of accomplished teaching, including videos of board-certified teachers paired with reflective analyses describing instructional decision-making and teaching strategies. The cases will be housed in an online resource called Accomplished Teaching, Learning and Schools (ATLAS).

Through the grant, the National Board and its partners will pilot ATLAS cases in six teacher preparation programs and seven local education agencies (LEAs). The project will help embed National Board standards and exemplars of accomplished teaching in preservice and induction in participating institutions of higher education and LEAs.

The National Board will oversee this project, convening partners to develop new instructional approaches that are high-impact, cost-effective and scalable. Ultimately, ATLAS will expand across all 25 National Board certificate areas, including thousands of cases addressing all areas of the curriculum and every developmental level of pre-K-12 education.

Debra Colley, Ph.D., dean of Niagara University’s College of Education, noted that the project addresses a need in teacher preparation by providing preservice programs with up-to-date tools so as to strengthen the preparation provided to teachers and extend that preparation through their early years in teaching. “National Board standards are the DNA of accomplished teaching,” she said. “By embedding them at the heart of preservice and induction, we will ensure that new teachers in STEM fields will be ready for the Common Core and Next Generation Science Standards.”

Over the course of the grant, the free training in early childhood learning is expected to benefit about 1,500 area teachers and impact 35,000 schoolchildren.

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Black Willow Winery, a member winery of the Niagara Wine Trail, was awarded eight medals, including a gold medal, at the 2012 American Wine Society Commercial Wine Competition. Several other New York State wineries were among the top winners at the competition held last month in Portland, Ore.

Aside from the gold medal for “Odin’s Nectar,” Black Willow Winery’s signature mead (honey wine), silver medals were also awarded to “Flight 6.1.37,” a dessert wine; “Trilogy White,” a white wine blend; and “Black Widow Berry,” a blackberry-flavored sweet red wine. Bronze medals were also awarded to their Classic Diamond, Bare Cat Blush, 2011 Riesling Reserve, and “Freyja’s Passion,” a vanilla-strawberry-flavored mead.

The AWS competition is one of the oldest, most respected wine competitions in the country, drawing entries from across the United States and Canada. The competition was held over two days at the Red Lion Riverside Hotel in Portland in conjunction with the American Wine Society’s 45th annual conference.

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Peggy Grayson of the GLOW Region Solid Waste Management Committee was named Recycler of the Year by the New York State Association for Reduction, Reuse and Recycling (NYSAR3), the professional recyclers’ association for New York State.

According to the news release submitted by the committee, Grayson is the only employee covering a multi-county area of the state for recycling, and she does it with enthusiasm and on a shoestring budget. She was one of the first in the state to execute multi-county household hazardous waste collection days and is also the driving force behind the Western New York Materials Exchange catalog. She is described as an “inspiration ... always willing to go the extra mile – or 50 – in rural communities to spread the word about recycling and get the job done, diverting waste from landfills and improving the landscape around her.”

GLOW operates in Genesee, Livingston, Orleans and Wyoming counties.

North Tonawanda store owner files federal civil rights suit against city

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NORTH TONAWANDA – The Oliver Street convenience store owner accused of setting fire to his business to collect insurance money is taking the city back to court.

The suit filed in U.S. District Court earlier this month by Muwafek S. “Moe” Rizek accuses the city of discriminating against him because of his Arab ancestry and also accuses North Tonawanda Detective Robert Kalota of stealing evidence from the burned-out store.

“I will 100 percent deny that any of that happened,” Police Chief Randy Szukala said. “Those are such far-fetched accusations that I can’t comment on them in a newspaper.”

The new case, which also includes an allegation of slander, comes a year after a State Supreme Court jury, deliberating for 15 minutes after a two-week trial, rejected the assertion of Rizek’s insurer, Finger Lakes Fire & Casualty Co., that the fire in Rizek’s store was an arson.

The store was insured for $525,000, but Finger Lakes refused to pay, charging that Rizek, now 27, torched his own store May 15, 2009, because he was in financial trouble.

Rizek’s attorney, Kevin T. Stocker, brought expert fire investigators to court who convinced the jury that Mark’s Food Market II, 290 Oliver St., was gutted by an electrical fire.

The defense team of veteran East Aurora fire investigators Craig L. Thrasher and Ralph A. Woodard defeated Kalota and Vincent Pupo, former head of the Erie County Sheriff’s Office fire investigation team, who told the jury the fire was arson.

The Niagara County District Attorney’s Office was poised to file arson charges against Rizek, but the jury verdict put an end to those plans.

“That’s now closed,” Assistant District Attorney Brian D. Seaman confirmed last week.

Stocker said he never heard anything from the District Attorney’s Office about that.

He said that former Assistant District Attorney Timothy R. Lundquist tried to get Rizek to plead guilty to arson before being indicted.

Stocker said Lundquist, who was later fired after his arrest in a domestic violence case in which he eventually pleaded guilty, called him “stupid” and “incompetent” for refusing the plea.

Pupo and his employer, Francis J. Conway Investigation of Clarence, now known as James O’Neil Investigations, are defendants in the federal lawsuit, along with Flex Investigations of East Amherst, which also worked against Rizek.

In January, Rizek settled with Finger Lakes for $500,000. He explained last week, “I took the settlement because [fighting it] was going to be a long and painful process that would probably lead to not much more from the insurance company.”

But it turned out that wasn’t enough to rebuild the business. “After expert fees and attorney fees, I got less than half that,” Rizek said.

He said he pocketed a little over $200,000, but the cost of rebuilding and stocking the store has exceeded that. He said he’s in debt again as he struggles to reopen the store, which he said could happen by the end of this year.

But Rizek said his federal lawsuit is not a case of revenge, nor of trying to win money to clear his debts.

“This is not me trying to get them back,” he said. “Not everything is just money. We need money to get rolling, but someone needs to be held accountable.”

“He still feels he’s being a target,” Stocker said. “He feels he’s being discriminated against, and he needs to send the message that this won’t be tolerated.”

The lawsuit does not name a dollar amount of damages being sought. Stocker said that would be up to a jury.

Rizek, a U.S. citizen born in Palestine, said he’s had a couple of run-ins with North Tonawanda police since the State Supreme Court verdict in his favor, but he wouldn’t discuss them.

Stocker said one of them involved a policeman asking Rizek for his ID at the North Tonawanda post office.

“There are people up there who feel that the Police Department doesn’t like them because of the kind of people they are,” Stocker said.

“Those allegations, there’s no evidence to support them,” City Attorney Shawn P. Nickerson said.

The lawsuit accuses Kalota of failing to interview significant witnesses in the fire investigation. It says he “failed to collect evidence, misinterpreted evidence, destroyed evidence and/or contaminated the fire scene.”

If those acts weren’t negligence, the suit alleges, they were “intentional misconduct.”

Specifically, the lawsuit charges that Kalota “unlawfully broke into Mr. Rizek’s business to steal electrical evidence.”

Stocker said the defense experts located a wire in the rubble that they felt showed that an electrical malfunction triggered the fire. He said they marked the spot with a shovel, meaning to come back later to examine it further.

“In the meantime, someone broke into the building. There was a military-style boot print right next to the shovel, and the wire was missing,” Stocker said. “They didn’t take anything else. … I have my own suspicions who did that. I’ll have to prove it, and it’ll be another jury [trial].”

“The city certainly denies those allegations. Those allegations are unfounded,” Nickerson said.

The city attorney said he is pleased with the progress on Rizek’s store.

“I drive by it every day,” he said. “The building looks great. All the code violations have been abated. … Before that, we had a blighted, burned-out building.”

The city had agreed to refund a $2,500 building inspection fee, but Rizek said that hasn’t happened.

Nickerson said that’s because Rizek hasn’t signed a form releasing the city from liability.

Rizek said that because the investigation of the fire’s cause is technically still open.

“My credit is ruined,” he said. “I went to buy a car, and my interest rate is sky-high.”

Stocker said the reopening of the store is “days away. He’s worked very hard on it. He did a lot of the work himself.”

Rizek said he had little choice. “I can’t even get a company to deliver stuff for the store on any kind of credit. [Everything] I get, I have to pay cash,” he said. “Why should I have to suffer because I had a fire that I had absolutely nothing to do with? … It’s all because of the city, the Police Department and Detective Kalota.”



email: tprohaska@buffnews.com
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