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Police Blotter Dec. 20 for the towns of Brant, Eden, Evans, Hamburg

Police investigating rape complaint

Town of Evans Police Detectives are investigating a rape complaint which allegedly occurred at 2 a.m. on Sunday, Dec. 16.

According to the victim, she was picked up by two males in Hamburg around 6 p.m. on Dec. 15.

They then allegedly traveled to the City of Buffalo and then to the suspect’s house in Evans where she was allegedly raped by the suspect and another male.

The victim told police she may have been drugged by the suspect sometime during the ride out to Buffalo. The investigation is continuing.

Sex offender charged with trespassing at business

At 8:26 a.m. on Friday, Dec. 14, Town of Hamburg Police Officer David Olday responded to a trespassing complaint from Kwik Fill on South Park Avenue.

The suspect, David Tirko, 51, of Hamburg, had been previously charged with trespass at Kwik Fill on Dec. 13.

According to police, Tirko had been looking in the window of Kwik Fill and then left, heading for a local inn.

Olday found Tirko, a registered sex offender because of forcible sex acts and transported him to the station.

According to police, Tirko said he goes to the business to look at the females at the store and has previously had inappropriate conversations with female employees.

Tirko allegedly admitted to having sex with a family member and claims he only came to Hamburg to find another close family member to have sex with her.

He was arraigned before Hamburg Justice Walter Rooth and was sent to the Erie County Holding Center on $5,000 bail and to be evaluated.

DWI accident in Eden

At 3:48 a.m. on Saturday, Dec. 15, Town of Eden Police Officer James Pierce responded to a call of an unoccupied vehicle in a ditch on Pontiac Road, near Route 62.

According to police, the driver, James M. Papaj, 48, of Angola, was located walking along Pontiac Road.

He was charged with driving while intoxicated and unsafe backing.

SUV in ditch turns out to be stolen from Rochester

At 7:16 p.m. on Thursday, Dec. 13 Town of Evans Police Officer Jeffrey Mayer responded to a call there was a vehicle in a ditch on Pontiac Road.

When patrol approached the vehicle, they observed Richard J. Gerow, 48, of Silver Creek, who was sitting in the driver seat, place something into his pockets.

When Gerow exited the vehicle, police observed an alleged crack pipe in his front pant’s pocket and he was taken into custody.

While conducting an impound on the vehicle, officers observed the vehicle identification number plate on the vehicle and the registration vin did not match. At that time the license plates were seized and a search was initiated through the Department of Motor Vehicles.

The DMV said the 2002 Ford Explorer was reported stolen on Aug. 4, 2011 from Upstate Auto Auction in Rochester.

Gerow was charged with felony third-degree criminal possession of stolen property greater than $3,000 and seventh-degree criminal possession of a controlled substance.

He was arraigned before Evans Justice Anthony Barone and released on his own recognizance, to return to court on Monday, Dec. 17.

While responding to the call, while on location, Officer Patrick Atler received information that Michael A. Gajkowski, 31, of Evans, had put some pills into a cigarette box and then threw the box under a tire of a camper that was parked in the driveway of his home.

Atler retrieved the box and located 17 xanax pills, 15 valium pills and one suboxone pill.

Gajkowski allegedly informed police the pills were his and that he did have prescriptions for them.

He was charged with three counts of seventh-degree criminal possession of a controlled substance and three counts of a controlled substance in non-original container. Gajkowski was released on an appearance ticket.

DWI arrest takes an interesting twist

At 3:53 a.m. on Thursday, Dec. 13. Town of Hamburg Police Officer David Jasinki was conducting stationary radar in a parking lot on Southwestern Boulevard when a vehicle came by traveling at 77 mph.

After stopping the vehicle, Jasinski observed the driver, Jason E. Nichta, 40, of Ohio, to exhibit signs of intoxication.

According to police, the chemical breath test resulted in a .20 percent blood alcohol content.

Nichta was charged with aggravated driving while intoxicated, DWI and speeding.

Nichta appeared before Hamburg Justice Walter Rooth, who released him on his own recognizance, to appear back in court on Friday, Dec. 28.

At 12:03 p.m. that same day, Nichta was observed at the Mobil station by the Hamburg Town Hall to allegedly removing a malt liquor can from a case and conceal it in his jacket. He then left the store without paying for it.

Nichta was located in the men’s room at McDonald’s next door and was returned to the Mobil station, where he was positively identified as the person who had taken the liquor can.

Police returned Nichta to the station and charged him with petit larceny. He was released on an appearance ticket, to appear back in court on Friday, Dec. 28.

Rooth advised since Nichta had been apprehended taking an alcoholic beverage right after he was released from the town court, to make sure Nichta was not intoxicated prior to releasing the vehicle, which had been impounded.

Then that evening, at 5:40 p.m., Nichta came back to the station to get his vehicle. According to police, there was an odor of an alcoholic beverage coming from him and he was asked to breath into an intoximeter. The result was .223 percent.

Lt. Robert Krone contacted the town court and was told to have Nichta brought before Rooth immediately.

Rooth arraigned Nichta on the petit larceny charge and he was transported to the Erie County Holding Center in lieu of $5,000 bail.

The vehicle was released on Saturday, Dec. 15 to the 77-yar-old registered owner, also from Ohio.

Speeding and drinking

At 9:47 p.m. on Friday, Dec. 14, Town of Eden Police Officer James Pierce observed a vehicle traveling on a high rate of speed on Jennings Road.

After stopping the vehicle and following further investigation, the driver, Michael Fyock, 49, North Collins, was charged with aggravated driving while intoxicated (he registered a .25 blood alcohol content), speed violation and failure to keep right.

Off-duty officer nets arrest

At 1:28 p.m. on Saturday, Dec. 15, off-duty Town of Evans Police Officer Patrick Atler was attending to some personal matters when he stopped at a parking lot of a business on Erie Road.

While there he observed a 16-year-old Evans male, allegedly smoking marijuana out of a glass pipe, as he was sitting on a concrete base of a light post.

When Atler confronted the teen, the male took off running and was chased by Atler through Nettlecreek Playground and was apprehended on Minuteman Trail.

The teen was charged with fifth-degree criminal possession of marijuana in a public place and unlawful possession of marijuana. He was released on an appearance ticket.

Man baying in driveway results in police call

At 11:38 p.m. on Friday, Dec. 14, Town of Hamburg Police Officers Andrew Hochworter and Jonathan Wright responded to a report of an intoxicated male that was outside a Woodford Drive residence making a lot of noise.

According to police, when they arrived the suspect, Jeffrey S. Evans, 48, of Hamburg, was inside the house, but did come outside to speak to the officers.

Evans allegedly admitted he had just come home from a Christmas party and was howling at his dogs.

Police said they told Evans a complaint had been registered about the noise he was making and was advised to go back into the house and go to bed.

At that time, Evans allegedly approached one of the officers in an aggressive manner, coming within inches of him, police said

When the officer placed his hand on Evans’ chest to move him away, Evans allegedly grabbed the officer’s hand, police said.

The other officer then was allegedly forced to physically restrain Evans and had to wrestle him to the ground, in an attempt to place him in custody, and got him to his hands and knees.

The suspect was told several times to lay on his stomach on the ground and place his hands behind his back, which he allegedly refused to do, even when warned he would be tasered if he did not comply, police said.

According to police, Evans continued to not follow their instructions and was tasered, with one probe hitting him in the arm. At that point, he did lay down on his stomach and he was handcuffed, police said.

After being evaluated by Rural Metro personnel, Evans was transported to the police station, where he was charged with second-degree harassment, physical contact and resisting arrest. He was released to his wife and was scheduled to appear in court on Dec. 21.

Peeking into car windows at Eden’s Tim Hortons

At 7:10 a.m. on Saturday, Dec. 15, Town of Eden Lt. John McCarthy responded to a complaint from the Tim Hortons on Main Street, that a man was standing by the drive through order speaker and was looking into the vehicles as the drivers were placing their orders.

McCarthy located a 1998 Dodge Durango stopped on the side of the road on East Main Street, near Schoolview Road, where it had run out of gas, along with a man matching the suspect’s description.

Further investigation revealed that the man, Ediberti Rodriguez, 56, of Buffalo, was intoxicated and was identified as the man who had been at Tim Hortons.

Rodriguez was charged with driving while intoxicated, driving with a suspended license, failure to use a four-way flasher and littering.

He was arraigned before Eden Justice Michael Cooper and was sent to the Erie County Holding Center in lieu of $1,000 bail.

Tools taken

Sometime between 11:30 p.m. on Wednesday, Dec. 12 and 6 a.m. on Thursday, Dec. 13, some forced open the door a vehicle and removed $2,500 worth of tools.

Town of Evans Police are continuing their investigation.

DWI hit-and-run accident in Hamburg

At 2:43 a.m. on Friday, Dec. 14, Town of Hamburg Police Officer Jonathan Wright was dispatched on a hit and run compliant.

Officer Daniel Gallardo located the vehicle, with substantial front-end damage and the suspect, David C. Weber, 23, of Hamburg standing next to the vehicle on West Canyon in Brook Gardens.

According to police, Weber appeared to be intoxicated and allegedly told police he was not injured and did not have any need for emergency medical services.

Weber allegedly denied he had been operating the vehicle, claiming that some girl was driving, police said. When informed by police, he had been observed driving the vehicle which had struck a guardrail and then left the scene of the accident, he then admitted to driving the vehicle.

After failing one field sobriety tests and allegedly refusing to complete others, Weber was taken into custody.

Gallardo and Wright observed in Weber’s vehicle suspected marijuana in the center console and Weber allegedly admitted it was his to the officers.

Weber was charged with driving while intoxicated, operator leaving the scene of a property accident, operating a motor vehicle without insurance, unlawful possession of marijuana, failure to keep right and driving on the shoulders of a controlled access highway.

House fire in Evans

At 5:43 p.m. on Thursday, Dec. 13, Town of Evans Police Officer Scott DeJohn responded to a report of a chimney fire at a Versailles Plank Road address.

According to police, sparks and moderate smoke was observed coming from the chimney.

Responding to the call were, Evans Center, North Evans, Brant, Eden, Scranton and Lake Erie Beach.

The fire was contained to the chimney and according to police, did not harm the residence.

Woman picks fight with female police officers

At 5:47 p.m. on Wednesday, Dec. 12, Town of Hamburg Police Officers Chandra Walsh and Michelle Rickard-Puleo responded to a call of a domestic on Sowles Road.

According to police, Katherine S. Brennan, 29, of Hamburg, became belligerent and uncooperative with the two officers.

She allegedly began yelling obscenities and then allegedly pushed the officers as she tried to leave the apartment, all this in front of a young child.

The officers did use physical force to gain control of Brennan, police said, and Brennan kicked Walsh in the leg and thigh as they were trying to get her into the police car.

Brennan was charged with second-degree harassment, second-degree obstructing governmental administration, disorderly conduct and acting in a manner injurious to a child.

Brant monthly report

During the month of November the Town of Brant Police handled 1,188 complaints.

This included six accident calls (two injury), two felony arrests, three criminal complaints, 21 non-criminal complaints and 18 misdemeanor arrests.

There were seven first aid, 11 assists to other agencies, one assist to dog control, four court bailiff, 405 property checks, 35 money escorts, one funeral escort, 22 details/community policing and 38 assists to motorists.

Police officers issued 294 traffic and vehicle violations and patrolled a total of 5,964 miles in the three vehicles.

Eden monthly report

During the month of November the Town of Eden Police handled 412 complaints.

This included 14 accident calls (one fatal and 14 property damage), 14 total arrests, none for driving while intoxicated arrests and 12 criminal investigations.

Police officers issued 101 summons, which included 29 for speeding, 13 were inspection/registration violations, three miscellaneous suspensions and five cell phone violations.

For community policing there were 44 first aid, seven alarms, eight assists to other departments, 260 premises checked, two welfare checks, one funeral escorts, two school related and five lockouts.

The Eden Reserve Police Officers logged in 103 hours.

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