Police Log March 4, 2010 Mother-son are claiming innocence in murder case
Eva M. Cummings, 51 and her son, Luke J. Wright, 31, both of North Collins, pled innocent Monday (March 1) to a numerous charges against them in connection with last month’s suffocation death of 23-year-old Laura Cummings.
According to Erie County Sheriff’s Captain Ronald Kenyon, their investigation showed a history of physical abuse to Laura, who was mentally disabled, that dates back to 1995, when she was about 8 years old.
Eva Cummings, who is victim’s mother, has been charged with second degree murder and first degree assault. Wright, the victim’s half-brother, has been charged with rape, criminal sexual act and incest.
Both suspects have been charged with predatory sexual assault, first degree assault, endangering the welfare of and incompetent person or physically disabled person and first degree unlawful imprisonment as a hate crime.
Erie County Judge Sheila A. DiTullio sent both defendants back to jail without bail.
If convicted Cummings could be sentenced 83 years to life in prison. If convicted Wright could sentenced 133 years to life in prison.
Missing Boston woman found safe in Buffalo
A Town of Boston woman who has been reported missing since Feb. 22 by the Erie County Sheriff’s Department was found last Thursday (Feb. 25.)
Sandra M. Biggerstaff, 50, who failed to show up at her place of employment Monday, Feb. 22, was found at 5:40 p.m. sitting inside of her vehicle in a parking ramp at Woman and Children’s Hospital in Buffalo.
She was then taken to the Erie County Medical Center for evaluation.
Man under investigation found dead in Eden home
Town of Eden Police are investigating the cause of death of 48-year-old William Fals-Stewart, who found dead in his Eden home last Tuesday (Feb. 25.)
According to Town of Eden Police Lt. John McCarthy, they received a call from a family member who had found Fals-Stewart inside the house and not breathing.
Both Eden Police Officer Shawn Bishop and McCarthy arrived at the scene and administered CPR right away until the Emergency Squad arrived. It was shortly afterwards that Fals-Stewart was pronounced dead at the scene.
According to McCarthy, an autopsy has been performed and they are waiting for toxicology results.
A former University of Rochester and University at Buffalo professor who had been arrested last month on 12 felony charges by the Attorney General’s Office relating to his research work at UB, Fals-Stewart was under investigation stemming from a case that dated back to September 2004.
Fals-Stewart was accused of scientific misconduct for allegedly fabricating data in federally funded studies he was doing at UB’s Research Institute on Addictions.
According to the complaint, three witnesses who claimed they were out of town testified by telephone for Fals-Stewart.
In was later found that they were actors who were paid by Fals-Stewart who actually thought they were participating in a mock-trial.
He also allegedly provided them with scripts to use during the proceedings. The three had worked for him before for legitimate training videos.
Following their “testimony,” Fals-Stewart was exonerated at the administrative hearing.
Claiming that the misconduct allegations tarnished his reputation, he sued UB for $4 million in damages.
It was at that point that the Office of the Attorney General, defending the school, began its investigation.
It was during their investigation that the fraud was found and a criminal investigation was started.
Fals-Stewart was charged in Buffalo City Court with first degree attempted grand larceny, a class C felony; three counts of first degree perjury, a call D felony; three counts of first degree identity theft; two counts of first degree offering a false instrument for filing, a class E felony and three counts of first degree falsifying business record a class E felony.
The maximum sentence for a class C felony is 15 years in prison.
Cooperation helps get drugs off of the street
The Town of Evans Police Department and the Erie County Sheriff’s Department recently worked together to get a known drug dealer off the street.
According to Alan Rozansky, senior detective for the E.C. Sheriff’s Department, they have been working closely with the Town of Evans Police Department for weeks, which culminated with the arrest Thursday, Feb. 25 of 33-year-old David Dickinson of Buffalo.
According to Rozansky, information gathered by the Evans Police was instrumental in finding Dickinson, who was out on bail from a drug possession charges in Evans last September.
“He moves around from town to town, setting up places to deal drugs from,” said Rozansky. “Evans sources told us he had just set up a new location on New Jerusalem Road in Eden and we intercepted him on his way there.”
At the time of his arrest, Dickinson had cocaine hidden on his person and admitted he was planning on selling it, police said.
Dickinson was charged with criminal possession of a narcotic with intent to sell, a B felony and criminal possession of narcotics greater than one-eighth of an ounce, a C-felony.
Robert Abplanalp, 46, of Eden, who was with Dickensin, was charged with unlawful possession of marijuana.
“If it wasn’t for the cooperation between the two departments, this type of arrest wouldn’t happen,” said Rozansky.
“Drug sales and use is not an inner city problem, this is happening all over the Southtowns. This was a good case and we will be working a lot more with the Evans Police Department in the future.”
Hamburg man charged with selling cocaine
Town of Hamburg Police have charged 21-year-old Elliott Boltz of Hamburg with third degree criminal sale of a controlled substance and three other felony charged in connection with an incident last Friday (Feb. 26.)
According to police, Boltz was observed making a drug transaction in the parking lot of the Lake Avenue Jubilee in Village of Blasdell.
Town of Hamburg Police Officers seized a white powdery substance in a clear plastic bag, which field tested positive as cocaine. It weighed approximately 3.9 grams.
Information developed during the arrest led to the execution of a search warrant at Boltz’s residence, where a bag with about 2.2 grams of cocaine was found in the bedroom, along with a box of sandwich bags and two weights for a small scale.
Boltz was arraigned before Judge Gerald Gorman and was released on his own recognizance.
He was scheduled to reappear in Town of Hamburg Court today (Thursday, March 4.)
Boston man found guilty of sexual harassment
A Town of Boston man was found guilty of fourth degree stalking and second degree criminal contempt following a jury trial last Friday (Feb. 26.)
William Green, 44, was acquitted of first degree criminal sexual act and first degree criminal contempt for an alleged attack last year of a woman.
Green is scheduled to be sentenced on May 13.
Police looking for information on Boston burglaries
The Erie County Sheriff’s Department is asking all Town of Boston residents to be alert to unfamiliar vehicles or persons in the area and are asking them to call 911 should they observe any suspicious behavior.
Police are investigating several residential burglaries that have occurred during the daytime hours at homes on Mayer, Keller and Omphalius roads.
According to the ECSO, the New York State Police are investigating what may be a related burglary that occurred on Zenner Road, also in the Town of Boston.
DWI arrests in Hamburg
Town of Hamburg Police report the following driving while intoxicated arrests.
• At 2:10 a.m. on Wednesday, Feb. 24, Officer Robert Palmer observed a vehicle traveling 30 mph in a 55 mph zone on Route 20 near Amsdell Road.
Brendan B. MacKinnon, 31, Buffalo, was charged with felony DWI, aggravated DWI with a blood alcohol content of .18 percent or more (his BAC read .31 percent) and three vehicle and traffic violations.
• At 8 p.m on Saturday, Feb. 27, Officer Joshua Eagan responded to a hit and run.
According to police, the victim reported he was traveling south on Abbott Road, stopped at the traffic light at Lake Avenue and was struck from behind by a Chevrolet Trailblazer, which fled the scene.
The victim followed the suspect and tried to block him in when he turned down another street.
The suspect then used his vehicle to push the victims vehicle out of the way, causing minor damage and then he drove into a ditch.
Matthew J. Lee, 43, Hamburg was charged with DWI, criminal intent to damage property, operator leaving the scene of a property damage accident and following too close.
DWI in Evans
At 9:05 p.m. on Thursday, Feb. 25 Town of Evans Police Officer Joseph LaRosa responded to a report of a vehicle in a ditch on Virginia Street in Evans.
Upon arriving at the scene the vehicle was in the middle of the roadway, having been pulled out of the ditch by another vehicle.
Inside the vehicle was an open can of beer and the operator of the vehicle was administered several field sobriety tests.
Three small bags of marijuana were also found.
Mary L. Celotto, 35, Brant was charged with driving while intoxicated, unlawful possession of marijuana, operation of a motor vehicle by an unlicensed driver, refusal to take breath test, drinking alcohol in a motor vehicle on the highway and unsafe backing of vehicle.
Lawtons man charged in two home invasions
At 11:30 p.m. on Friday, Feb. 26 Erie County Sheriff’s Deputies Shawn Young and Culley Ferrick, with the assistance of the Seneca Nation Marshalls took Benjamin T. Brant, 30, Lawtons into custody after he entered two homes on Confederacy Drive on the Seneca Nation of Indians land.
At one of the homes, Brant allegedly got into bed with the female resident and her small child.
According to police, he then grabbed the woman by the arm before she was able to break away from him and call for help.
Brant was charged with two counts of second degree burglary, a felony; two counts of second degree criminal trespass, second degree harassment and endangering the welfare of a child.
He was also charged with felony criminal mischief for breaking out the window of the Seneca Nation Marshall’s patrol car. There was also an outstanding warrant for him for driving while intoxicated.
Two DWIs in Boston
At 2:01 a.m. on Saturday, Feb. 27 New York State Troopers based out of the Town of Boston while patrolling Route 391, near the intersection of Thornwood Drive in the Town of Boston, observed a vehicle stuck in a snow bank well off the road.
Also at the scene, was a second vehicle along the shoulder and its occupants were trying to push the other vehicle back onto the road.
It was found that the driver of the disabled vehicle, John F. Gallagher, 18, Hamburg was intoxicated.
Upon interviewing the people from the other vehicle, it was found the driver, Patricia L. Mason, 47, of West Seneca was also intoxicated.
The two were taken into custody and Gallagher was found to have a blood alcohol content of .19 percent and was charged with aggravated driving while intoxicated.
Mason had a BAC of .16 percent. and was charged with DWI.
Town of Evans police car damaged
At about 6:19 p.m. on Tuesday, Feb. 18 a vehicle driven by Ronald L. LeBarron, 69, of the Town of Hamburg, failed to yield the right-of-way and struck a Town of Evans Police vehicle in front of 7350 Erie Road.
The patrol car sustained approximately $3,000 worth of damage and Officer Mike Kauzala’s was shaken up a bit.
LeBarron was charged with driving while intoxicated, refusal to take a breath test, failure to yield right of way when entering roadway and avoiding traffic device or intersection light.
More scams
Town of Hamburg Police are warning all residents to never send money to people you don’t personally know.
Case in point, a local resident joined a Web site for single parents and began corresponding with a person, who claimed he worked construction for an Indianapolis outfit and was currently working Nigeria.
About a week later he asked the victim to wire him $200 because he did not get paid and needed to pay a lodging bill.
The next day he asked the victim for another $950, saying his check from work could not be cashed. At that point the victim refused and contacted the police.
Police warn there is virtually no way to retrieve money which is sent to people in scams like this, especially outside of the United States.
Hit and run suspect caught
At 10:23 p.m on Tuesday, Feb. 23, Erie County Sheriff’s Deputies Cully Ferrick and Jordon Graber arrested a Town of Yorkshire man in Concord following an accident in Hamburg.
According to police, the deputies stopped a vehicle on Genesee Road in the Town of Concord which matched the description of a vehicle that the Town of Hamburg Police Department were looking for in relation to a hit and run property damage accident that had occurred in Hamburg.
The vehicle had heavy front end damage and upon further investigation and interview with the driver, Brian J. Williams, 25, Yorkshire, it was found that Williams was intoxicated.
Williams refused to take any test and was charged with driving while intoxicated. Further investigation showed Williams’ license was suspended for an alcohol charge in January 2010. He was charged with felony aggravated unlicensed operation of a motor vehicle. He was also charged with various vehicle and traffic violations, including leaving the scene of a property damage accident by the Town of Hamburg Police.
Training classes held in Evans
Recently some of the Town of Evans Police officers have attended special seminars and training classes.
Captain Charles Danzi and Detectives Douglas Czora and Bruce Green, Jr. attended a seminar on halting sexual predators who target children.
Members of the town’s marine unit also attended training with the U.S. Coast Guard in Buffalo. Attending were Danzi, Czora, Lieutenant Michael Masullo and Officers William Sills, Matthew Stonitsch Ralph Maslach, Sherry Miller, Thomas Crupe, Dennis Feldmann, Patrick Atler, Joseph LaRosa and Mike Kauzala.
