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Around Town / Niagara County meeting and hearings this week

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Barker

The Barker School Board will meet at 7 p.m. Monday in the district’s administrative offices, Quaker and Haight roads.

Cambria

The Planning Board will meet at 8 p.m. Monday in Town Hall, 4160 Upper Mountain Road, Sanborn.

Lewiston

The Lewiston-Porter School Board will meet at 6:30 p.m. Tuesday in the Community Resource Center on the district’s Creek Road campus.

Lockport

The Town Board will meet for a work session at 1 p.m. Wednesday in Town Hall, 6560 Dysinger Road.

Also this week:

• The Common Council will meet at 6 p.m. Wednesday in the Municipal Building, One Locks Plaza.

• The Greater Lockport Development Corp. will meet at 7:45 a.m. Thursday in the Municipal Building.

Middleport

The Village Board will meet at 7 p.m. Monday in Village Hall, 24 Main St.

Newfane

The Newfane School Board will meet at 7 p.m. Tuesday in the Newfane Early Childhood Center on Godfrey Road.

Town of Niagara

The Town Board will meet at 7 p.m. every Tuesday in Town Hall, 7105 Lockport Road.

Niagara County

County Legislature’s Public Works Committee will meet at 6 p.m. Monday in the Warren J. Rathke Public Safety Training Facility, 5574 Niagara St. Extension, Lockport.

Also this week:

• The Niagara County Community College Board of Trustees will meet at 3 p.m. Wednesday in the Notar Administration Building on the school’s Saunders Settlement Road campus

• The Board of Health will meet at 4:30 p.m. Thursday in the Warren J. Rathke Public Safety Training Facility.

Niagara Falls

The Zoning Board of Appeals will meet at 5:30 p.m. Tuesday in Council Chambers in City Hall, 745 Main St.

Also this week:

• The Niagara Falls Historic Preservation Commission will meet at 6 p.m. Wednesday in Room 117 in City Hall.

• The Niagara Falls School Board will hold a board review session at 5:30 p.m. Thursday in the district’s central office, 630 66th St.

North Tonawanda

The Common Council will meet at 6:30 p.m. Tuesday in City Hall, 216 Payne Ave.

An agenda review session will be held in the city clerk-treasurer’s office at 6:15 p.m.

Also this week:

• The Property Maintenance Task Force will meet at 7 p.m. Wednesday in City Hall, 216 Payne Ave.

Pendleton

The Town of Pendleton Planning Board will meet at 7:30 p.m., Tuesday on Town Hall, 6570 Campbell Blvd.

Wheatfield

The Niagara Charter School board of trustees will meet at noon Thursday in the school, 2077 Lockport Road.

Wilson

The Planning Board will meet at 7 p.m. Monday in Town Hall, 375 Lake St.

Cliffe says Niagara County needs to hire a mosquito fighter

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WHEATFIELD – Supervisor Robert B. Cliffe proposed that the Niagara County Health Department should beef up its mosquito control program, since wet conditions have brought an insect problem in their wake.

Cliffe produced a written proposal at Monday’s Town Board meeting, calling for the county to include an insect control specialist in its 2014 budget, working with towns and cities to train their employees on how to detect mosquito habitats.

The specialist also would be in charge of arranging to test sample mosquitoes for West Nile virus and other diseases and helping to train municipal employees in applying pesticides, which the county would supply.

James J. Devald, county environmental health director, said his mosquito control officer retired and hasn’t been replaced. He said one Health Department worker is spending about one-fourth of his time on mosquito control. Mostly, he responds to complaints.

Devald said no additional hiring for that program is included in the Health Department’s 2014 budget proposal, to be presented to the Board of Health on Thursday.

“Each one of the municipalities can have a larvicide program,” Devald said, referring to the chemicals that kill baby mosquitoes. However, no town in Niagara County actually has such a program.

“Wheatfield used to do it, but that goes back a number of years,” Devald said. “They’d buy a supply of larvicide and pass it out to their residents, but you can only use it on your own property.”

He said the county always has been hesitant to spray pesticides from the air, preferring to spread larvicide at ground level.

Cliffe said he’s concerned because West Nile has been confirmed in Amherst, and since the Town Board meeting, a similar announcement was made in the Niagara Peninsula of Ontario.

Devald said he’s certain that mosquitoes carrying West Nile are in Niagara County; they simply haven’t been discovered yet. He said the state Health Department has set up two mosquito traps in the Klydel Wetlands in North Tonawanda, near the corner of Ruie and Ward roads, just over the Wheatfield border.

County Legislator W. Keith McNall, R-Lockport, who sits on the Board of Health, learned of Cliffe’s proposal from a reporter. He said he’d be interested in talking to Cliffe about it.

email: tprohaska@buffnews.com

Niagara Falls police officer exchanges gunfire with shootout suspect

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NIAGARA FALLS – In a scene that could have been out of a Hollywood action movie, a Niagara Falls police officer investigating an exchange of gunfire between the occupants of two vehicles at about 3 a.m. Saturday ended up being shot at by one of the gunmen attempting to get away, police said.

The officer, who was not identified, returned fire on the gunman, who was believed to be armed with a long gun. Police said they do not believe anyone was injured in the shootout.

Three police agencies searched the neighborhood with the aid of a K-9 unit but were unable to locate the gunman.

Police said the drama began with an exchange of gunfire between the occupants of a red car and a green van. As officers searched for the vehicles, they learned the green van had crashed at Ninth Street and Ferry Avenue. Police said the van had a bullet hole in the passenger side. Two passengers, who were not injured, were questioned but not charged, police said.

A short time later, police stopped the red car believed to be involved in the exchange of gunfire at Ferry Avenue and 15th Street. The driver, Rashaun M. Dix, of 26th Street, was arrested and charged with traffic offenses and unlawfully fleeing from police.

A passenger in the car, however, who fled on foot, shot at the police officer who gave chase. The officer returned gunfire but missed the passenger, police said.

The Niagara County Sheriff’s K-9 unit was summoned to search the neighborhood, along with State Park Police. The passenger remained at large late Saturday.

Police Superintendent Bryan DalPorto said detectives are following several leads and have interviewed several people in connection with the incident. He asked that anyone with information concerning the episode contact the Police Department at 286-4711.

After learning about the close call, Mayor Paul Dyster praised the “courage and dedication” of the city’s officers, saying they do “inherently dangerous work.”

“I am relieved none of our officers was injured,” said Dyster. “We will continue our multipronged attack on illegal guns, violent gangs and drug traffic,” Dyster said, until incidents such as the one that played out early Saturday are “a thing of the past.”

Roy-Hart School Board president, brother settle lawsuit over home, finances

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On a summer night in 2011, Patricia Riegle’s colleagues elected her to an eighth year as president of the Royalton-Hartland School Board.

“It’s going to be a challenging year,” Riegle said at the time.

She was referring to Roy-Hart’s finances, but she could have just as easily been referring to the lawsuit filed against her by her younger brother.

The suit, filed four months earlier, accused Riegle of using her brother’s money for her own personal benefit and denying her brother access to the boyhood home his deceased mother had promised would always be his.

Her brother, Christopher Britt, is an adult with moderate learning disabilities.

“I am very upset and feel betrayed by my sister,” Britt said in a petition to the court. “It was my understanding my entire life that this was to be my home as long as I wished it to be so.”

The suit grew into a contentious legal battle that raged for more than two years, largely behind the scenes.

“My sister was entrusted by my mother with helping me, and instead what she has done is completely help herself,” Britt said at one point.

Britt never got the house back, but he did receive two-thirds of the proceeds, about $128,000, when the house was sold under a court order.

About $30,000 of that is money his sister agreed to forfeit as part of a court-approved settlement that ended his suit earlier this year.

Thomas J. Caserta Jr., Britt’s Niagara Falls attorney, declined to comment on the case, but he told the court at one point that the $30,000 stemmed from actions Riegle took as her brother’s legal and financial adviser.

“That is based upon certain transactions that took place while Miss Riegle was power of attorney for Christopher that did not benefit Christopher,” Caserta told the court in April. “It benefited other[s] than Christopher, including herself.”

Riegle is well-known in education circles in Niagara County, as a long-time member of the Roy-Hart school board and as a supervisor with Erie 1 BOCES.

Her attorney, Scott Stopa of Lockport, said she did not wish to comment on the suit.

Riegle admitted no guilt as part of the settlement that was reached in May, but she did agree to give her brother $30,000 from her share of the money from the sale of the house.

According to court papers, the problems between Riegle and Britt began after their mother died in July 2009.

Lucille Britt was a pioneer of sorts and a prominent figure in Niagara County politics. She was the first woman to serve as Republican Elections Commissioner and was instrumental in forming the first girls softball league in Gasport.

When she died at age 71, she left her home on Hartland Road to her son and daughter.

Caserta says Britt was living in the house at the time of his mother’s death but left in September 2010 after Riegle moved in and caused him to leave for good.

“Defendant has changed the locks on both the home, as well as the barn,” he said of Riegle in his original complaint.

Caserta says his client’s departure from the house came on the heels of Riegle’s decision to execute her power of attorney on behalf of Britt to benefit herself, not her brother.

The suit says Riegle, without Britt’s knowledge or consent, used his money to pay her own bills. It suggests the exact amount is unknown but describes it as “substantial.”

It also asked the court to grant Britt a judgment of $75,000.

Riegle denied the allegations as part of her answer to the complaint and argued at the time that Britt contributed, consented and failed to prevent the very conduct he was alleging.

She also asked the court to dismiss the suit. That never happened, and a year later, Britt asked the court to intervene and order that the house in Gasport be sold.

“It was always known that this would be my home,” he said in his petition to the court. “Unfortunately, based upon the actions of my sister, I was forced to leave the residence and not return there.”

Britt acknowledged his sister’s desire to stay in the house and buy out his share but told the court he was opposed to her living there.

“As the court is aware, a part of my lawsuit is for conversion,” he said in his court papers, “as I have now come to understand that my sister has appropriated many thousands of dollars of my funds without my knowing and without my approval.”

“I would find it completely wrong," he went on, “that my sister could now also take my home from me, even though I understand that she would have to pay me for it.”

The court agreed and, in late April of this year, Britt and Riegle appeared before State Supreme Court Justice Ralph A. Boniello III to finalize their settlement.

“Do you feel it’s in your best interest to settle this matter at this time?” Boniello asked Britt.

“Yes,” he said.

He then asked Riegle if she found the settlement acceptable.

“Yes,” she said.

Britt is now living on his own near his boyhood home.

email: pfairbanks@buffnews.com

The gift of life, times two for the Fago family

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Mike Fago is one unlucky guy. He also is an impossibly lucky one.

Born into a family with a history of kidney failure, he fell victim to his genetic heritage when, in November 2011, both of his kidneys shut down. Every other day for 10 months, doctors siphoned 7 pints of blood out of his left arm and into a dialysis machine to perform the vital function his own kidneys could not: removing from the blood excess – and often toxic – byproducts of bodily functions like digestion.

For 10 months, his 50-year-old body produced no urine. And with would-be kidney recipients outnumbering donor kidneys roughly 7 to 1 nationwide, Fago’s chances of returning to normal anytime soon were slim at best.

“It could have been five years for me to get a kidney,” he said.

Then something remarkable happened: His younger sister Michelle stepped forward and pledged one of her kidneys. In August 2012, doctors tested the siblings for their renal compatibility and discovered that Michelle’s kidney was a perfect match.

“It was like getting one from a twin,” Mike Fago said.

Fast forward 10 months. On June 10, surgeons at Erie County Medical Center successfully performed the inter-sibling kidney transplant. Two months later, the difference for Mike was night and day.

And so, Mike’s family – the same family whose ill-fated gene pool dealt his kidneys such a lousy hand in the first place – wound up being his saving grace.

If that’s where this story ended, the Fago family kidney transplant would certainly be feel-good tale. But this story doesn’t end there. To fully appreciate how much the Fago family has gone through, and how lucky they are to have made it out intact, you have to rewind some 35 years.

Because the story of Mike and Michelle has happened before. All of it. The Fago family has had not one but two successful inter-sibling kidney transplants. That’s what makes this story incredible, and Mike knows it.

“I don’t know too many people that have gone through what our family’s gone through,” he said.

‘You’re turning green’

The Fago siblings are five in total: Donna, Mike, Kim, Nick and Michelle. Only 10 years separate the eldest sibling, Donna, who is 52, from Michelle, the “baby” of the family, and the siblings were a tight-knit bunch as a result.

The Fagos grew up in Williamsville. All five attended Williamsville East High School. Their father was an engineering contractor, while their mother worked in a department store.

Nick was about 12 when their seemingly average suburban life changed.

Nick, now 48, remembers the moment well. It was near the end of the school year, and he was in class, freezing cold in spite of the weather. He didn’t know it yet, but his body was sputtering to a halt.

Doctors had previously mentioned the possibility of kidney disease after an earlier, prolongued illness. Nick says he refused to believe it. But his willful ignorance was shattered that fateful day in class.

“In the middle of summer I’m wearing a down coat, and in class this girl looks over behind me and says, ‘You’re turning green.’ I get out of my chair, I call my mom, I say, ‘Mom, I’m ready.’ ”

The official diagnosis

Soon after, the Fagos received the official diagnosis: glomerulonephritis, a kidney disease characterized by crippling inflammation of the glomeruli, tiny blood vessels in the kidney.

It turned out that Nick’s kidneys had been slowly dying for months.

Like many kidney diseases, glomerulonephritis saps the kidneys of their functionality slowly but surely.

“Normally, if your kidney goes down, you don’t feel anything” at first, explained Dr. Mark Laftavi, surgical director at the Regional Center of Excellence for Transplantation and Kidney Care at Erie County Medical Center.

Individuals with the condition might notice a mild loss of appetite, dizziness or a change in daily urine output, but nothing serious enough to merit a trip to the doctor.

But when kidney function drops to 20 percent, things go downhill fast. Nausea. Total loss of appetite. A sudden drop in blood pressure. Dr. Laftavi said that Nick’s experience of turning green, while incredibly uncommon, could indeed result from a critical build-up of toxins in the blood.

Kidney disease was the eighth leading cause of death in the United States in 2010, with 50,476 deaths attributed to it, according to Centers for Disease Control and Prevention statistics published in May.

A childhood derailed

Nick went on dialysis immediately. Like his older brother Mike 30 years later, he sat in a hospital every other day while a machine filtered his blood. To this day, a series of raised lumps on his left arm mark the spot where doctors tied together arteries and veins to channel enough of his blood into the dialysis machine.

The experience of being on dialysis derailed Nick’s childhood. The way he describes it, Nick spent two Christmases and two birthdays at the hospital – first at Children’s, then at Buffalo General. Michelle, the youngest, kept him company while her parents worked. Though barely 10 years old at the time, she remembers Nick being the youngest patient in the hospital ward.

“We’d park in the back parking lot of the hospital and walk through the basement,” she said. “It seemed like a dungeon.”

Dialysis required Nick to maintain a strict cap on the amount of fluid he took in daily. Ice chips helped, but thirst was a constant.

His food choices were limited, too. Foods that absorbed fluid were avoided.

“I used to have turkey sandwiches all the time. I don’t eat turkey sandwiches anymore,” Nick said with a laugh only possible in retrospect.

A fault in the genes

Nick was a prisoner of more than just the dialysis center; he was being held captive by his genes.

His diagnosis came as a shock to the Fagos, so they did some digging and discovered that kidney disease had visited their family before.

“My parents, my grandmother, and everybody put a family tree together and figured out how and what was happening – why we were getting it, who had it,” Nick said.

Some 80 years prior, the Fagos learned, kidney disease killed the brother of Nick’s grandfather, who was about as old as Nick was when he was diagnosed. Back in the early 1900s, there was no known treatment for diseases of this kind.

Left untreated, Nick’s great-uncle is said to have swelled up with unfiltered blood until his bodily systems gave out.

Following Nick’s diagnosis, doctors screened the entire Fago family, searching for signs of the disease, but also to complete a more pressing task: finding Nick a new kidney.

Everyone is born with two kidneys, but one kidney can do the work of two, making live donation possible.

Drawing straws

As it turned out, several members of the Fago family were compatible to a degree. The way Nick and Michelle remember it, everybody drew straws to decide who would be the donor.

But Kim, now 49, who was chosen to donate a kidney to Nick, said it was a decision based purely on compatibility.

She remembers her mother making the call but says that she never felt forced into doing it. Knowing what the disease was doing to her younger brother made it a no-brainer.

“I never had a bad feeling about it,” said Kim, who now lives in Alabama.

The transplant took place March 18, 1981. Nick was 16. At the time, renal surgery was in its infancy. The procedure took 12 hours, surgeons required an incision traveling from the stomach to the back to extract and insert the kidney, and the odds of a patient’s body accepting the new kidney were no better than 50-50. Even if the procedure went well, doctors expected Nick’s kidney to last only 10 years.

In spite of it all, Nick emerged from the operating room with a working kidney and a new lease on life.

Thirty-two years and three months later, Kim’s kidney hasn’t failed him yet.

“I’m a perfect example of living a normal life” thanks to an organ donation, he said.

Sister steps up

It must have felt like deja vu when, 30 years after Nick and Kim went under the knife, kidney disease again struck the family.

“I always knew that I had the chance,” Mike said. “I guess I’m lucky I made it to 50 without having to go through it earlier.”

Mike’s journey from diagnosis to transplant was more protracted than his brother’s. This time around, it was not immediately clear that a donor kidney would come from his family. And so for months, Mike sat on the national waiting list, which, according to statistics compiled by the Organ Procedure and Transplantation Network, was 96,686 hopefuls long earlier this month. In New York alone, 8,119 people await a kidney. Compare those numbers with the 13,042 kidneys that were removed from donors either dead or alive nationwide, and it’s painfully clear why a guy Mike’s age waits an average of 1,800 days, or nearly five years, to get a kidney.

Mike knows how lucky he is. Since his surgery, he has been living in a camper he owns at a secluded campground outside Lockport. The camper is his quiet retreat – just him; his dog Jessie, a 2-year-old boxer; and some friendly neighbors who offer to cut the grass every once in a while. He says the peace and quiet is helping to speed his recovery.

Living in this same campground is a fellow Mike knows who has been on dialysis for four years.

One campground. Two completely different ends of the kidney disease spectrum.

Mike knows if it hadn’t been for Michelle’s decision to donate, that fellow could have been him.

“I wouldn’t ask. It’s something I just wouldn’t – I don’t know, it’s kind of hard to explain,” Mike said. “But once she came to me and told me she wanted to do it, I just couldn’t believe it. It was very overwhelming. I still get choked up just thinking about it.”

The gift of life

The experience of having two brothers reduced to shells of themselves by kidney failure, only to be reborn thanks to donated kidneys, has given the Fagos an unusual perspective on the importance of organ donation, a message everyone interviewed for this story was quick to raise.

“I don’t think people realize what you can do for somebody else that’s going through, not only kidney failure but heart failure or whatever,” Mike said. “It gives somebody else a chance to maybe live a little bit of a normal life.”

Having seen the life-changing role an organ donor can play twice, once as a young girl and now as a mother of five, Michelle decided to take it a step further and become a medical professional. She recently completed nursing school with the goal of one day working in a dialysis center just like the “dungeons” that kept her brothers alive.

“That’s why I got into it in the first place,” she said.

“I think the most important thing that people have to realize is that you don’t have to have somebody who’s sick in order to donate, and you can donate to anybody,” Michelle said. Case in point: a man in Mike’s dialysis unit received a kidney from a 26-year-old girl who Mike says didn’t know anyone in renal failure but chose to give altruistically.

Added Kim, “I ask anybody to always be a donor on your license because it really could change somebody’s life forever.”



email: hglick@buffnews.com

Lifelong friends turn ice cream innovators

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Suddenly everyone is screaming for their handcrafted, artisan ice cream.

How did two Lockport High School teachers make Lake Effect Ice Cream into an award-winning brand and a wildly popular shop?

Owners Jason Wulf, 40, an art teacher at Lockport High for almost 18 years, and Erik Bernardi, 39, a biology teacher there for the past 15 years, go back a long way. They grew up in the same Lockport neighborhood, went through school together, graduated from Lockport High, and are next-door neighbors, fellow teachers and now business partners. Both are married, and Wulf said their children – each has one boy and one girl – play together.

The two have been in the ice cream business for five years, and they opened their first ice cream shop at 79 Canal St. this summer. Nearly 30 area stores carry their products, and they’ve grown from two employees to 20. Their ice creams offer ingredients such as whiskey, beer, sponge candy, corn, blackberry, honey and blue cheese, with quirky hometown names like Redrum, Levitreland (for former Bills guard Andy Levitre,) the Full Minty and Nickel City Heat.

“We’ve created hundreds of new flavors and still have 50 more in the hopper,” Wulf said. “It’s hard to screw up when the base is ice cream.”

Bernardi said, rolling his eyes, that many call Lake Effect “The Ben and Jerry’s of Lockport.”

You both are teachers. How did you start making ice cream?

Wulf: The ice cream part started when Erik had a little ice cream maker, and so did I, and we started making ice cream. It started just as a fun thing, and then we kinda both started getting into it, and it ended up being much more than your family could eat in an average day. So we started giving it to neighbors and friends. And they started critiquing it.

Was there a turning point?

Wulf: I think the turning point was we started to make things that no one had made, like the beer ice creams, and we realized we could make things that no one had ever made before.

How did it become a business? Tell me about the first sale.

Bernardi: It was actually just around the corner at the Lockport Craft Festival. People were surprised and weren’t sure. Jason had done such a great job with the graphics that we looked like a big commercial business.

Wulf: People were asking, “Where did you guys buy your ice cream from?” and we’d say, “We didn’t buy it – we made it.”

How was that first day?

Wulf: It was not a great day. It was raining and dark. It was terrible.

Bernardi: Leading up to that first festival, we had these huge expectations about how much we could sell and how well we could do.

Wulf: We had no idea. We had no clue.

Bernardi: We had no clue.

Wulf: Are we going to bring a 100 and sell a 100, or bring 500 and sell 500? We had no idea.

But I’m guessing it did get better.

Wulf: The first festival was a miserable day, but when we did the Taste of Lockport, people came there to eat. We don’t know why we showed up with 1,200 half-pint ice cream containers, because we hadn’t sold more than a 100 in a day before that, but we sold every one of them. All different flavors.

Bernardi: It was the first time in three months we took a sigh of relief, because up to that point we started getting nervous.

Did you take some business courses?

Wulf: No. (He laughs.) It was a lot of experimental learning. And fate was involved in a lot of this. I used to work in a frozen department at Tops Supermarket. I teach a lot of advertising design. (Erik said he worked in an ice cream shop). All those things led to where we are. This (building) wasn’t sold for a while; it was almost like it was waiting for us. But it was a pie in the sky.

You seem to have a vision. Did you ever imagine something like this?

Bernardi: Before the festivals we discussed an ice cream shop, but that seemed like too much. So we started with the tent.

Wulf: I would never have envisioned this. (His eyes sweep across the ice cream shop.) We wanted it to be classy. Buffalo Spree named us the “Best Scoop Shop.”

The comment we get is, “I can’t believe this is in Lockport.” We wanted to do well, have a little extra money and a place for our kids to work. It was a natural evolution. It didn’t happen in just one year. You have to keep your nose to the grindstone.

Bernardi: We were two teachers involved in an ice cream business, and everybody likes ice cream.

This takes more than summers now. Will this take over as your main job? Would you ever give up teaching?

Wulf: We work hard to keep things separate. Erik and I both really enjoy teaching.

It’s not like we were looking for something to replace it.

Bernardi: Our business right now is growing, and we are utilizing good people to grow our business.

Wulf: We were pack horses when we started. But even now we still like to do all the new stuff. We know how happy it makes us to make something new.



Know a Niagara County resident who’d make an interesting question-and-answer column? Write to: Niagara Weekend Q&A, The Buffalo News, P.O. Box 100, Buffalo, NY 14240, or email niagaranews@buffnews.com. email: nfischer@buffnews.com

Falls man charged with shooting girl, 2, rejects plea deal

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LOCKPORT – Willie R. Scott Jr., the Niagara Falls man charged with shooting a 2-year-old girl in the face while he was allegedly trying to shoot someone else, rejected a plea offer Tuesday and now runs the risk of a life sentence if he is convicted.

“This is going to trial,” defense attorney E. Earl Key vowed after Scott’s court appearance before Niagara County Judge Matthew J. Murphy III.

Deputy District Attorney Doreen M. Hoffmann offered Scott a plea to a Class C violent felony with a maximum 15-year prison sentence.

She warned Scott that if he is convicted at trial, scheduled to begin Sept. 23, he will face much worse. She said the District Attorney’s Office will seek a declaration of persistent felon status because of two previous felony convictions on Scott’s record.

“If he were to lose, he would be looking at 25 years, or, if the court finds him persistent, a life sentence,” Hoffmann said.

Key shrugged off the threat.

“If he gets 25 years, his life would be essentially over, so 25 to life would make no difference,” Key told Murphy.

Scott, 33, of LaSalle Avenue, pleaded guilty in 2003 to fifth-degree criminal possession of a controlled substance and in 2008 to third-degree criminal sale of a controlled substance.

He is charged with the Nov. 27 shooting of a girl as she sat in a car with a man in front of the Hometown Market on Pierce Avenue in Niagara Falls.

Police said the man was the target of a shot fired from another car, but the round struck the girl.

“She was shot in the face. The bullet went through her nose and lodged near her brain,” Hoffmann said. “She underwent several surgeries and still has more to go.”

Key, whose effort to get the charges dismissed on a grand jury procedural technicality was squelched by Murphy on Aug. 5, attempted to reopen that issue Tuesday.

Key noted that Murphy had mentioned in his decision on the dismissal motion that witness Timothy Ellison didn’t sign a statement to police that he didn’t know if the shots came from another car or who was in that auto. Ellison later changed his story and, before the grand jury, identified Scott as the shooter.

Key said he received an incomplete copy of Ellison’s first statement and later received a second one that was signed. Hoffmann acknowledged that mistake but said, “I don’t think it affects the legal outcome.”

Murphy said, “I don’t think it does, either.” But he asked the sides to return to court for a final pretrial conference Sept. 9.

Murphy said that is the last day he will accept a guilty plea from Scott. Hoffmann said she intends to present a motion seeking to use Scott’s criminal record against him at the trial.

email: tprohaska@buffnews.com

2 firms picked to submit Rainbow Centre proposals

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NIAGARA FALLS – A Canadian family in the hospitality business on both sides of the border and Buffalo’s largest commercial real estate manager and developer are making plans to revive two-thirds of the former Rainbow Centre mall.

Groups headed by Intertrust Development, a company run by the DiCienzo family, and Uniland Development Co. passed a prescreening process and will be allowed to offer plans for the downtown site, state economic development officials announced Tuesday.

In its statement of qualifications summarized in a news release from the state, Intertrust’s proposed project was described as an upscale, urban mixed-use entertainment development, including themed franchise restaurants, retail plaza, attractions, hotel and other amenities.

Uniland’s preliminary concept was identified as something that would turn the site into a year-round destination, with a focus on amenities such as a hotel, a themed attraction, retail/restaurant space and an expansion of the Niagara Falls Culinary Institute.

Intertrust and Uniland were selected from an undisclosed number of developers who responded to the state’s request for qualifications for the project issued in April. The state solicited a recommendation from a panel of real estate experts on what should be done with the property, and a report was received earlier this year.

Mayor Paul A. Dyster said the interest from the two developers shows that “clearly something is changing about the market” in the city.

“If you look at the trajectory here of the downtown area, these are two groups of very capable, very qualified developers that probably wouldn’t have come near a project in downtown Niagara Falls five years ago,” Dyster said.

The two firms will be the only ones allowed to submit specific proposals for the redevelopment opportunity, the second of a two-part process to select a preferred developer for more than 200,000 square feet on the north side of the property. Officials said they hope to have a developer selected sometime in the fourth quarter of this year.

Since its last anchor tenant left in 1999, the mall in the middle of downtown Niagara Falls has been mostly vacant – an unsightly symbol of the city’s decline. But the building has experienced a bit of a revival since the opening of the Niagara Falls Culinary Institute there last year.

Whichever developer is selected, if any, it would be in line for some public funding by way of the Buffalo Billion, said Howard A. Zemsky, co-chairman of the Western New York Regional Economic Development Council, a state-coordinated advisory group that has identified tourism as an important focus area for the region.

“I would say we are predisposed to potentially using some of the Buffalo Billion for that aspect of the project and have been for some time,” Zemsky said.

Intertrust Development’s team also includes LPCiminelli, JCJ Architecture and Landry’s. Uniland is working with Cannon Design and Delaware North Cos.

Intertrust Development is one of the companies in a group owned by the DiCienzo family, which owns a number of hotels in Niagara Falls, Ont., most notably the high-rises that overlook the falls from the Canadian side. It also owns the Days Inn just across from the Rainbow Bridge and the Sheraton at the Falls on Third Street, formerly a Crowne Plaza.

Michael DiCienzo, vice president of development for Canadian Niagara Hotels, of which Intertrust is an affiliate, said his company has “a continued interest in Niagara Falls, N.Y.,” where he said it has done quite well.

“We felt that there’s certainly several voids in the market which we intend to fill to help increase visitation and also the overnight stays,” DiCienzo said.

USA Niagara Development Corp., the Falls subsidiary of Empire State Development, issued the request for qualifications and plans to issue the full request for proposals by the end of September, said Christopher J. Schoepflin, USA Niagara’s president.

The agency plans to recommend a preferred developer to its board of directors and the City Council sometime in the fall, Schoepflin said.

“These two were chosen because they have an extraordinary track record of investment in urban cores. And they understand. They both invested in urban areas. Their teams are, in some ways, represented all over the world,” Schoepflin said.

Uniland made a proposal for property at 310 Rainbow Blvd. that the Hamister Group was ultimately selected for, though the City Council has yet to agree to the proposed development agreement.

Uniland has not done any projects in Niagara County before, said Kellena L.W. Kane, the company’s real estate development manager.

It’s most recognizable projects include the Avant building in Buffalo, as well as Sheraton Meadows Corporate Park and University Corporate Centre on Maple Road, both in Amherst.

“Niagara Falls needs something big, and we feel like if this project is done correctly, it can have a huge effect on Niagara Falls and the whole region,” Kane said.

Tuesday’s announcement came during a meeting of the Western New York Regional Economic Development Council at the Conference & Event Center Niagara Falls.

email: abesecker@buffnews.com

North Tonawanda Common Council discusses flood aid for city, but unlikely to reach threshold for disaster aid

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NORTH TONAWANDA – Members of the North Tonawanda Common Council Tuesday learned that even though damage from the July 19 storm was significant, the city may not qualify for disaster aid.

Drake Drive resident Judy Smolka addressed the Council, noting that backed-up sewage filled her basement and the basements of some of her neighbors. She said her cleanup alone cost $3,000, and she was forced to replace her washing machine.

Smolka said after the meeting, “We are slowly trying to pull things back together.”

“Lockport and Niagara Falls got help. I was hoping something could be done for us and my neighbors on Drake Drive,” she said.

Robert W. Welch, executive assistant to the mayor, said Mayor Robert G. Ortt, who was absent from Tuesday’s meeting, had written a letter to Gov. Andrew M. Cuomo but has yet to receive a response.

“We expect the process to take a month or more. It took about that long for Lockport to get a result back when they had their storm on June 28 or 29,” said Welch.

He said Lockport, Niagara Falls, North Tonawanda and other communities hammered by the July 19 storm have not received any money. The state set up trailers to assess damages and meet with residents.

“They are crunching the numbers now to see if there will be any assistance from the state,” Welch said. “We are not guaranteed anything.”

Common Council President Richard Andres said there is a threshold for aid.

“Unfortunately we don’t think there was the huge devastation that came through Lockport in June,” said Welch.

“Or fortunately,” added Andres.

In another matter, Sara Hood, a longtime alderwoman, asked the community to participate in the Aug. 31 blood drive, from 7 a.m. to 1 p.m., in the Mid-City Plaza Red Cross donation center, next to Tops Market on Meadow Drive. Refreshments, door prizes and T-shirts will be available.

Hood said she became a spokesperson for the drive because she was diagnosed with a bone marrow disorder in 2009 and in 2012 was found to have a rare blood condition.

“In the past I have donated 17 gallons of blood, always feeling I had the responsibility to give to others what is needed. Now I am the recipient. Did I ever think I would have a rare blood disease that required blood infusions?” said Hood. “The future is unknown so we must be ready.”

The board also gave permission to block off Rumbold Avenue, from Division to Mead streets, from 11 a.m. to 6 p.m. for a block party and pig roast, which will be held from 1 to 6 p.m. Sept. 22 in the Hideaway Grill, 399 Division St.

The event benefits Owen’s Toy Box, a charity in the hematology/oncology unit of Women & Children’s Hospital of Buffalo. The organization provides care packages filled with toys and games for children in the hospital. The charity is named in memory of Owen Pieber, who died on Oct. 8, 2008, at age 4, after suffering from a rare brain and spine cancer.

The pig roast is open to the community and will include raffles, a dunk tank, T-shirts, KanJam and bean bag tournaments. More information about donations is at www.owenstoybox.com.

email: nfischer@buffnews.com

Region’s July jobless rate fell to 7.4 percent, a 5-year low

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Buffalo Niagara’s unemployment rate fell sharply in July from a year ago, the second dose of good news on the local job front this month.

The region’s unemployment rate was 7.4 percent, compared with 8.9 percent a year ago, according to the state Department of Labor. It was the lowest rate for that month since 2008.

“We’re seeing a very nice improvement over the year,” said Tammy Marino, associate economist with the state Labor Department.

The July jobless rate here was below the U.S. rate of 7.7 percent last month, as well as the state’s rate of 7.6 percent. The figures are not seasonally adjusted.

“It’s dropped for the right reasons,” as more people are finding jobs, said Gary Keith, chief economist at M&T Bank Corp. “It wasn’t a story about a contracting labor force, which we’ve seen before.”

The Labor Department reported last week that the region’s number of private-sector jobs rose 1.8 percent in July from a year ago, led by growth in the leisure, hospitality, education and health services sectors. Total nonfarm jobs, which include the private and public sectors but not agriculture, were up 1.2 percent.

Employers over the past three years have been adding jobs on a consistent basis, contributing to the drop in the jobless rate, Marino said.

Keith said there have been “fewer obstacles” getting in the way of employers hiring lately. In the recent past, he said, they have dealt with uncertainty created by federal budget battles and global economic turmoil, particularly in Europe. Take away those types of impediments, and local employers feel more confident about their business plans and hiring.

“It’s not gangbusters growth, but it’s not the degree of uncertainty that keeps companies on the sidelines,” Keith said.

The pickup in hiring has absorbed some workers who have been out of the job market for a while, he said. He added that upbeat jobs reports can be self-fulfilling, by encouraging more unemployed workers to make an active effort to find a job.

Among the state’s 14 metro areas, Buffalo Niagara’s unemployment rate for July was tied with two other metro areas for sixth highest.

The region’s jobless rate was a marked improvement over the past few years, when rates were routinely above 8 percent. But it still remains much higher than the days before the Great Recession when the rate was often below 5 or 6 percent.

email: mglynn@buffnews.com

At Gerard Place, troubled women find a haven for restoring their souls

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She sold herself to strangers to support her drug habit In time, she signed away custody of her children. Nothing mattered but the drugs.

Raised in the suburbs in what she said had been a happy childhood, she ended up living in abandoned East Side houses taken over by crack cocaine dealers.

Her life seemed as if it were beyond redemption.

Now, as the Buffalo Police Department prepares to embark on a public campaign of shame against the customers arrested for patronizing prostitutes by publishing the photographs and names of johns, this 48-year-old former prostitute is sharing her story.

She turned her life around through an East Side program called Gerard Place that provides housing, counseling and life-skills training to homeless women and their children for up to two years. And she wants women who are leading lives on the streets to know there is hope.

She also wants the men who pay for sexual encounters to see that they are contributing to the problem by helping women in dire circumstances continue their spiral downward.

“Prostitution pulled me away from everything that was good – my family, my children,” she said, requesting that her name not be revealed.

Drugs, she said, were her demon. The only thing that mattered to her was having enough money to buy hits of crack.

“It eats away at your soul. You become hollow inside,” she said.

The notion that she could make a recovery seemed beyond reach, but when this woman became pregnant for a fourth time, she faced an ultimatum from the courts: Get clean or give up your baby.

The thought of a fourth failure as a mother was just too much.

She says she entered Lighthouse, an inpatient drug rehabilitation facility, in order to qualify for residency at Gerard Place. There, she says, the intensive help provided her with a way to move forward and become a caring mother, reliable employee and contributing member of the community.

David Zapfel, executive director of Gerard Place, says he worries about other women still out there in the dangerous world of prostitution.

He has heard the horror stories: Relatives selling their younger female family members into prostitution. Drugs and alcohol addiction taking over their lives. And, finally, when the women are no longer marketable for the sex trade, ending up homeless and ill, if the streets have not already killed them.

“There are a lot who have been sold into prostitution by their mothers and grandmothers who have been their pimps and come in here looking for a better way of life,” Zapfel said.

Located in a former Catholic school building and parish center at Bailey and East Delavan avenues, Gerard Place, he said, has assisted hundreds of homeless women and children who have stayed there since it opened in 2000 under the sponsorship of the Leadership Conference of Women Religious of Western New York.

The mothers come from broken lives, running the gamut from prostitution to domestic abuse. When they arrive at Gerard Place, which includes 14 apartments and additional off-site housing, they must agree to follow a strict set of rules if they hope to make a new life for themselves.

“There are curfews, rules and a requirement that each woman here have a structured 40-hour week,” Zapfel said, explaining that idle time is not tolerated, since it can lead to trouble. “This is their opportunity to develop a better life.”

Counseling and linking the women up with community services helps rebuild their lives, said Karen Kasperek, director of services at Gerard Place. “I do all the intake, and you get an idea of where these mothers’ families are coming from.”

The mothers lack even the most basic skills, such as grocery shopping to feed their children. Place that challenge on top of emotional and mental health issues, and problems can quickly escalate out of control.

“They get stressed, which can lead to the drugs, which can lead to addiction and then the prostitution to pay for the addiction, and then they’re homeless. It is very ugly. It is a vicious cycle,” Kasperek said.

The former prostitute said, “I needed a lot of validation. I had no self-esteem. I needed constant reassurance. I’d had two failed marriages. I needed to learn how to be a parent.”

She says Gerard Place provided those fundamental needs and insights, and though several years have passed since she graduated from the program, she still stays in touch with other graduates and program workers because it represents her “safety net.”

Zapfel says that many of the women earn a GED, others are set up in college courses, and all receive on-site computer training and other workforce-preparation skills so they can leave with a job or be employable.

In fact, as the former prostitute told her story, sitting in a conference room at Gerard Place where she had once been a student, she kept an eye on her watch, explaining that she had to be on time for her shift at a local manufacturing facility.

When not working, she said, one of her favorite things is to look out the window of her home and watch her two younger children playing.

That image is a vivid contrast to her past life, a decade of drug addiction, prostitution and more than 20 arrests.

To the women still out there, especially those who are mothers, she said that it’s possible to overcome the paralyzing guilt and shame, and she offers herself as proof.

“If you’re out there doing what you’re doing, you’re not home reading your children their bedtime stories, you’re not getting them up for school, and children need that,” she said.

Gerard Place has a success rate of 95 percent in placing women and their children into permanent housing and with jobs or job skills, based on criteria from the U.S. Department of Housing and Urban Development, which provides program funding, Zapfel said.

Zapfel is proud of the former Gerard Place resident’s turnaround and that of other women who have graduated.

But still there are the streets and men willing to pay for sex and provide quick money to the often drug-addicted prostitutes. To these johns, the former prostitute offered this message for them to consider:

“I am a woman. I am a mother. I am a sister and an aunt. I am a member of the Buffalo community. I speak at Lighthouse and Gerard Place. I would ask the johns to ask themselves what if I were your daughter or I was your sister who started using drugs and didn’t come home?

“My family suffered horribly.”

Police say the dark side of this woman’s past is sadly repeated many times over, particularly when drug addiction becomes full-blown.

Expressing appreciation to community organizations trying to provide pathways to law-abiding lives, Police Commissioner Daniel Derenda said:

“There are a lot of drug addicts out there in desperate situations, and these services may make a difference.”

email: lmichel@buffnews.com

Pendleton meeting pitches free Yellow Dot program

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PENDLETON – Yellow Dot – the free lifesaving program designed to help first-responders provide timely medical attention – is available through the Niagara County Sheriff’s Office.

Yellow Dot, organized by the New York State Sheriffs’ Association, is geared toward senior citizens in particular.

An official Yellow Dot placed in the driver’s-side rear window of a vehicle will alert first responders that vital medical information is stored in the glove compartment.

Assemblyman Ray Walter, R-Amherst, and Niagara County Sheriff James Voutour conducted a Town Hall meeting about the program Tuesday with local residents in Pendleton United Methodist Church.

To acquire a Yellow Dot, log on to nysheriffs.org/yellowdot or contact Walter’s office at walterr@assembly.state.ny.us, or call 634-1895.

Special-use permit OK’d for Hertz rental location

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LOCKPORT – The town Planning Board granted a special-use permit recently for a Hertz rental car location on South Transit Road.

The store will open soon in the former Lifetime Muffler building at 5660 S. Transit Road, a property owned by South Lockport Fire Company.

In other matters, the board tabled a site plan for a new 18,000-square-foot building at Mantelli Trailer Sales, 6865 S. Transit Road. Chief Building Inspector Brian M. Belson said drainage concerns and the need for state Department of Transportation approval of the plans were the reasons.

Town of Niagara officials argue about legal bills in worker’s harassment complaint

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TOWN OF NIAGARA – Details of a sexual harassment case in the parks department that has caught the attention of the FBI and raised questions about payment of legal bills connected to the matter were discussed Tuesday at the Town Board meeting.

The complaint involved a female parks employee who charged that she was sexually harassed by a male supervisor and as a result, had not been reappointed to her position, according to Town Attorney Michael Risman. He said following the investigation, the woman was rehired and the supervisor was not.

Councilman Robert Clark said he wanted to know why Risman’s firm, Hodgson Russ, charged the town for a recent contact with the private attorney of Town Supervisor Steven Richards that lasted more than an hour. The bill was one of several Clark asked Risman about.

Risman said the contact was made by another attorney of the firm, Elizabeth Carlson, an expert in sexual harassment matters who was put in charge of the town’s investigation.

Risman also said the 21-year-old victim told Carlson she was contacted by FBI agents at her home. The agents wanted to know if there were any violations of federal law, Risman said.

Although he stressed he did not wish to impugn the FBI’s methods, he said it was “quite unusual” that law enforcement officials would “jump into our investigation” and run the risk of interfering with the investigation and intimidating the victim.

Last year, Richards and other town officials were questioned by the FBI and representatives from the State Comptrollers Office. The investigation, which apparently is still ongoing, reportedly involves the use of town equipment and materials on private property.

Richards has blamed Clark for calling the FBI on him as a political maneuver, a charge Clark has denied. However, Clark has been adamant that Richards, not the town, should have to pay his legal bills in the matter. Richards said he’s had to pay about $44,000 in attorney fees so far of his own money.

Clearly agitated by the discussion, Richards, who said he has been falsely accused, claimed “some scumbag on this workforce called the FBI to say I put her (the harassment victim) up to it.”

Risman, who said he did not have specific recollection of the contact, said he never been involved in an investigation where the FBI unexpectedly stepped in. He and Carlson did have to analyze how to handle the issue when it was reported.

Although Risman acknowledged Clark’s right to question any bills, he said he was offended at the accusation that the billing was not proper.

Risman said he has documented all his services on behalf of the town and has always submitted very detailed bills. He noted that the matter was “very serious” and any financial penalties would not be covered by insurance. The outcome has “eliminated all financial liability of the town.”

“You have every right to question the bills, but I do take umbrage in how we handled the matter,” Risman told Clark.

Councilman Charles Teixeira said he thought Richards should have contacted his attorney instead of Risman. Councilman Marc Carpenter said he wanted to discuss the matter in executive session and not in public.

Clark said if he saw any more bills submitted related to the FBI investigation, he would personally file ethics charges.

Risman said the only reason the FBI was mentioned in the bills was because of the “successful completion of the investigation.”

“The bills are honest and straight-forward,” he told the board.

News to provide live coverage during Obama's visit

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BuffaloNews.com is your destination for comprehensive coverage of President Obama's visit to Western New York on Thursday.

From the time Air Force One touches down through the bus tour's departure, The Buffalo News will provide:

* Live video from the airport and President Obama's speech at UB.

* A running blog with frequent updates from Western New York's largest news gathering team scattered throughout the area to best cover the visit.

* Thorough and up-to-date articles, notebooks and sidebars.

* Photo galleries from various points of the day, including a vantage point from within the presidential travelling party.

* Video recaps following the speech and including onlookers' thoughts on the appearance.

You will find it all on BuffaloNews.com and by following @TheBuffaloNews on Twitter.


Casino employee accused of theft of cash

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NIAGARA FALLS – An unnamed employee is suspected of taking $2,500 in cash while working a shift as a financial cash cashier, according to Seneca Niagara Casino’s head of security on Tuesday.

He said the suspect started her shift at 10:15 p.m. on July 25 and finished at 6:15 a.m. on July 26. The finance cage manager did a count of the drawer and found it $2,500 short. A drawer count was also performed by the main bank cashier and it was found short. The suspect had reportedly counted her drawer at the end of the shift and found no shortfall.

The security staff reported the July 25 theft to police on Tuesday and said security video and statements from other staff are available. The 43-year-old female suspect is no longer employed by the casino, according the Casino’s head of security.

Niagara Falls man charged for his role in a home invasion

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NIAGARA FALLS – A second arrest was made Tuesday in connection with a home invasion on Linwood Avenue in January.

Lester M. Streeter, 18, of 22nd Street was arraigned in City Court following his arrest Tuesday on felony charges of first-degree burglary, first-degree robbery and second-degree robbery. He was released Wednesday after posting a $3,000 bond. A return court date was set for Friday.

Three men wearing masks had entered a residence in the 1500 block of Linwood Avenue on Jan. 12, two of them armed with long guns, according to Assistant District Attorney Joseph A. Scalzo. One of the men disarmed one of the attackers and they all fled.

Co-defendant K’shawn L. Sistrunk, 17, of McKoon Avenue, formerly of Linwood Avenue was indicted in Niagara County Court on April 2 on charges of first and second-degree burglary, attempted first and second-degree robbery, second-degree menacing and three counts of criminal use of a firearm. He was jailed after bail was raised from $5,000 to $100,000.

A third man has not been identified.

Falls man arraigned in Wilson house burglary

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LOCKPORT – A man denied the charges at his arraignment Tuesday on an indictment charging him with an April 18 break-in at a home on Lake Road in Wilson.

Kristopher L. Buehler, 28, of 18th Street, Niagara Falls, pleaded not guilty to second-degree burglary and fourth-degree grand larceny in Niagara County Court.

Niagara County sheriff’s deputies reported at the time that they found a shotgun and a rifle that had allegedly been stolen from the home in the bed of a pickup truck Buehler was using. They also found a purse filled with bullets.

Falls man denies heroin possession charges

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LOCKPORT – A man who was arrested when Niagara Falls narcotics offers raided his apartment June 19 pleaded not guilty in State Supreme Court Wednesday.

Jose D. Garcia, 54, of Niagara Street in the Falls, is charged with two counts of third-degree criminal possession of a controlled substance.

Police seized alleged heroin in the raid and accused Garcia of planning to sell it.

Sex offender pleads guilty in hit-and-run crash

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LOCKPORT – A Level 2 sex offender pleaded guilty in Niagara County Court Wednesday to a charge stemming from an accident in which his vehicle struck a pedestrian, and also to failing to register a change of address with the police.

Mark J. Brown, 44, of 87th Street, Niagara Falls, is to be sentenced by County Judge Sara Sheldon Farkas Nov. 8 for tampering with physical evidence and failure to register.

Brown’s car broke the leg of John K. Watson, 58, as he stood in the median of Niagara Falls Boulevard near Niemel Drive on the evening of Nov. 21. Brown fled the scene and was arrested at his home four hours later, when his blood alcohol content was measured at .13 percent. He was accused of removing the windshield of his car in an effort to destroy evidence.

Brown also was charged with failing to register an address change in North Tonawanda in April.
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