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Police Log for the week of July 19, 2012

Half-brother facing murder charge

Cody R. Testerman, 22, of the Cattaraugus Indian Reservation, was arrested Tuesday (July 17) without incident at the Erie County Sheriff’s Department substation in North Collins for the alleged murder of his half-brother, Jessie Seneca, 20, also of the Cattaraugus Indian Reservation. The Sheriff’s Department said Testerman gave them a statement and he was then taken to the Erie County Holding Center, and was awaiting an arraignment in the Town of North Collins Court.

Seneca’s body was discovered on a dirt road by residents who lived nearby, off Route 438, on the reservation on Saturday (July 14). Seneca was last believed to be seen alive in the early morning hours of Wednesday, July 11.

The New York State Police and the Seneca Nation of Indian Marshalls’ office assisted in the investigation, which is continuing.

Frisbee game in parking lot leads to arrests

Two men were arrested Sunday (July 15) by Town of Hamburg Police Officers John Baker and Christopher Butera just before 9:30 p.m. following an incident in the Big Lots Plaza in which a complainant told police she was harassed and shouted obscenities at after she attempted to drive through an area where about 20 people were playing Frisbee.

As she drove through the area, they yelled at her for disrupting their game. She said one man, whom she described as not wearing a shirt with a large tattoo on his chest, allegedly spit on her face through an open car window as she drove.

The victim said she then stopped the vehicle, exited and asked the subject why he spit on her, who then allegedly spit on her again.

When officers arrived, they found two males who matched the description and directed them into the rear doors of the patrol car in order for the victim to identify who spit on her. As officers were directing the men into the car, the remaining group began shouting obscenities at police.

The group continued to move closer to the patrol car despite the commands of the officers, who got in the car and put it in drive. As they began to drive away, a subject, who was later identified as Erik Rommel, 26, of Hamburg, stepped directly in front of the patrol car, preventing it from leaving the plaza. Officers then got out and ordered Rommel against the patrol car.

Additional officers were called in to assist as the group continued to yell anti-police sentiments. Once additional officers arrived, Rommel was taken into custody and charged with disorderly conduct and obstruction of governmental administration.

The victim identified the person who spit on her as Andrew Malloy, 22, of Orchard Park, who was charged with second degree harassment.

Buffalo man facing

drug-related charges

A 38-year-old Buffalo man is facing an array of drug-related charges by the Town of Hamburg Police Department following an arrest on South Park Avenue at 5:49 p.m. on Saturday, July 14.

Patrolmen Nicholas Borowski and Jeffery Paluch observed a vehicle driven by Jermaine Brown in the area of Scranton Road drive onto the shoulder twice.

They then stopped the vehicle in a nearby gas station.

While speaking with Brown, officers observed a pill bottle in plain view. As police inquired about the pill bottle, Brown then opened the center console and gave officers another pill bottle that contained two types of pills, including 7.5 mg Hydrocodones. Brown did not have a script for those pills.

He told police he did not have anything illegal in the car, and told them “feel free to check the car and bring the dog around.”

Brown was then removed from the car and K-9 conducted an exterior sniff. While searching the interior, K-9 was alerted to the center console where the pill bottle was containing Hydrocodones. Officers also found a single 20mg Oxycontin pill between the passenger seat and the center console.

Brown was charged with two counts of seventh degree criminal possession of a controlled substance, unsafe tires and driving on the shoulders/slopes of a controlled access highway.

Hamburg man charged with felony AUO

McKenzie Bertrand, 21, of Hamburg is facing numerous charges by the Village of Hamburg Police Department after police received a call of a vehicle operating reckless in the village and town around midnight on Sunday (July 15).

Officer Bill Travis located the vehicle and when approached, it accelerated and drove away.

It then came to a sudden stop on Euclid Avenue and the driver exited and started running.

When police apprehended him, he did perform field sobriety tests, but refused an Alco Sensor test at the scene as well as a breathalyzer test at the police station.

Bertrand was charged with felony first degree aggravated unlicensed operation, driving while intoxicated, obstructing governmental administration in the second degree, resisting arrest, no inspection, refusal to take a breathalyzer test and failure to yield the right of way to an emergency vehicle.

Pair charged for stealing gas from Tops

A 30-year-old Salamanca man and 31-year-old Angola woman are each facing a petit larceny charge after being involved in allegedly stealing $70 worth of gas from the Tops Markets in the Village of Hamburg around 5:30 p.m. on Sunday, July 8.

An employee who recognized the man and the car from a possible earlier theft, called police. When they arrived, George Anderson had left the scene, but they were able to stop Rae Lux from leaving.

The female suspect then called Anderson, who returned to the scene and told police he had to leave to get money to pay for the gas.

Man faces DWI charge after hitting a pole

A 24-year-old Lackawanna man is facing several charges, including driving while intoxicated, after Town of Evans Police Patrolmen Jeffrey Mayer and Patrick Atler responded to the scene of an accident where a vehicle struck a pole at around 10:20 p.m. on Friday, July 13.

According to Anthony Woodward, he pulled out of a driveway very fast to avoid oncoming traffic. Because of the speed, he then lost control of the vehicle, fish tailing, into the pole. Officers did observe fresh tire marks in the roadway to the pole.

While talking to Woodward, police observed he had red glassy eyes, slurred speech and an odor of alcohol on his breath. Woodward said he had a couple of beers during the day.

Police conducted field sobriety tests and said Woodward recorded a .14 blood alcohol content on an Alco Sensor test.

Woodward was additionally charged with operating a motor vehicle with a .08 of 1 percent or more alcohol in the blood, unsafe movement of a stopped motor vehicle and third degree aggravated unlicensed operation.

Man charged with reckless endangerment in Evans

A 26-year-old West Seneca man is facing a slew of charges by the Town of Evans Police Department following a hit-and-run incident that happened shortly before 7 p.m. on Friday, July 13 on Lake Shore Road.

Officer Gregory Szarowicz was advised that a vehicle driven by Brian Kirchmeyer was traveling northeast on Delameter Road between Sturgeon Point Road and Route 5.

As patrol approached Kirchmeyer’s vehicle, with their lights and siren activated, police observed his vehicle fail to stop at the stop sign at Delameter and Route 5. The vehicle was also traveling an estimated 65 mph in a 40 mph zone. As the vehicle entered Route 5, patrol observed heavy traffic in both directions. Patrol began to follow the vehicle with lights and siren activated on Delameter between Route 5 and Lakeshore Road. As officers approached Delameter at Lakeshore, they observed fresh skid marks on the roadway traveling through the stop sign for Delameter at Lakeshore.

At this time, patrol entered onto Lakeshore and observed a cloud of dust coming from a driveway. The vehicle was parked in the lawn stopped by a chain link fence. Officers ordered all occupants out of the vehicle and onto the ground.

Kirchmeyer was charged with second degree reckless endangerment, third degree unlawful fleeing a police officer in a motor vehicle, operating a motor vehicle without an inspection certificate, reckless driving, failure to yield the right of way to an emergency vehicle, failure to stop at a stop sign and speeding.

Boston man faces

DWI charge

Erie County Sheriff’s Department Deputy Eric Szkatulski stopped a vehicle driven by 44-year-old Gerald Ginley of Boston for a lane violation on Boston State Road on Friday, July 13.

He was subsequently charged with driving while intoxicated after he submitted a breathalyzer test which resulted in a .16 blood alcohol content.

Hamburg woman spits and swings a broom

A victim told police that at around 9:15 p.m. on Friday, July 13, that while she and another person were walking along Brookridge Drive, that she encountered the suspect, a 21-year-old Hamburg woman, and that the pair dislike each other.

The victim told Town of Hamburg Lieutenant Christopher Monaco and a patrolman the woman became irrate when she saw her and then spit on her face and swung a broomstick at her.

The suspects mother told police her daughter did spit at the victim, but did not hit her. She also said her daughter swung the broom, but missed the victim.

The victim wished to have police advise the suspect she wanted no more contact with her. Police said there was no injuries in the incident.

Hamburg man faces marijuana charge

Just before 1 a.m. on Friday, July 13, Town of Hamburg Police Officers Jonathan Wright and Nicholas Budney responded to a call of reckless operation at Sowles and Clarice roads.

The vehicle was operated by Jose Rodriguez, 24, of Hamburg.

Patrol observed the vehicle to have dark, tinted windows. Officers initiated a traffic stop and interviewed Rodriguez.

Three plastic bags containing alleged marijuana were found by the drivers side door.

Rodriguez was then charged with unlawful possession of marijuana and an equipment violation.

DWI charged levied against N. Collins man

Off-duty Town of Hamburg Patrolmen Jonathan Monaco observed a vehicle swerving all over Route 5 just before 9 p.m. on Sunday, July 15.

Patrolmen John Baker and Jason Nappo stopped the vehicle on Victorian Drive at North Eaglecrest Drive.

While speaking with the operator, 39-year-old Brandon Locking of North Collins, officers detected an odor of an alcoholic beverage, glassy eyes, impaired speech and impaired motor coordination.

Locking was issued and failed several field sobriety tests.

He was then transported to the Town of Hamburg Police Station where he refused to take a Data Master test.

Locking was charged with driving while intoxicated and unsafe turn/failure to signal.

Angola man facing

several charges

At about 11:40 p.m. on Sunday, July 15, Town of Evans Pattrolmen Joseph LaRosa and Patrick Atler responded to an Allen Street residence in Angola to check out a complaint of fireworks use.

When police arrived, 20-year-old Joseph Glowicki opened the front door, took a step out onto to the front porch, turned around, went back into the residence and closed the door, ignoring the officers.

Police then knocked on the door again and another man greeted them, telling officers Glowicki did not live there and that he was a guest.

The person who answered the door said Glowicki was discharging a rifle from the back porch and there were several other firearms inside of the residence.

When police entered the living room, they observed alleged marijuana paraphernalia in plain view on the coffee table, along with a Chinese throwing star.

Police also found three handguns, which belonged to the father of the witness that answered the door.

The witness then produced a small plastic bag with a Batman symbol containing a small amount of alleged marijuana in it.

While in the second floor hallway, officers observed through an open door, two large transparent gallon-sized plastic bags containing smaller sandwhich bags with alleged marijuana inside of them on top of a desk in plain view.

Evans Police charged Glowicki with fourth degree criminal possession of marijuana with a weight of more than two ounces, fourth degree criminal possession of a weapon firearm/knife, second degree reckless endangerment and illegal discharge of a firearm.


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