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Police Blotter for Oct. 25, 2012 for the towns of Hamburg, Brant, Boston and Evans

Man convicted in rape case on reservation

The Erie County Sheriff’s Office announced that Evan Spruce, 24, of Napoli, was convicted of felony second-degree attempted rape by Judge Kenneth Case in County Court.

According to authorities, on April 13 deputies responded to a report that a 14-year-old girl on the Seneca Nation Indian Reservation had been assaulted and raped while at a party.

On June 1, Detectives Jack Graham, Greg McCarthy and Mark Noecker arrested Spruce, charging him with second-degree rape and endangering the welfare of a child.

Spruce is scheduled to be sentenced on his conviction on Nov. 21.

DWI arrest

At 4:20 a.m. on Saturday, Oct. 20, Town of Hamburg Police Officer Joseph O’Brien was dispatched to locate a vehicle that was traveling in an erratic manner on Route 5 near Rogers Road.

According to police, O’Brien located the vehicle on Route 5 turning onto Big Tree Road and then crossing the yellow hazard lane markings.

After observing the vehicle cross the yellow lane markings again, O’Brien activated the patrol car’s overhead lights and siren and then followed the vehicle into the parking lot of Tim Horton’s.

The driver, Peter C. Rott, 37, of Silver Creek, appeared intoxicated, police reported and was administered several field sobriety tests, which he failed.

He was transported to the town police station, where he refused to take a breath test.

Rott was charged with driving while intoxicated, operation of a motor vehicle by an unlicensed driver, operating a motor vehicle without inspection certificate and two counts of changing lanes to cross on a hazardous marked section of a road.

Evans man charged with theft of beer and copper

At 2:23 p.m. on Friday, Oct. 19, Town of Evans Police responded to a call that a person was observed taking copper wire from the ACE Hardware store in Evans.

According to police, Peter P. Meyer, 19, of Evans, was found to be in possession of wire cutters and 6-feet of copper wire.

Meyer also allegedly admitted to taking beer from the Tops Markets in Derby without paying for it.

Meyer was charged with two counts of petit larceny and possession of burglar tools.

Police looking for info

Town of Hamburg Police are looking for any information into the vandalism of a vehicle which was parked in the lot of Pep Boys on McKinley Parkway at about 1:30 a.m. on Monday, Oct. 8.

According to police, two suspects were seen breaking the rear middle window of a pick-up truck that was parked in the lot.

The suspects were then seen to have entered the vehicle and rummaged around inside it.

If anyone has any information about this incident, call the Town of Hamburg Police Detectives at 648-5118 ext. 2614 or the anonymous tipline at 648-5118 ext. 2849 (ATIP).

E.C. Sheriff’s report

• On Tuesday, Oct. 16, Deputies Gary Mosier and Brendan Connolly responded to a shoplifting complaint from a store on Main Street in North Collins.

The deputies located two females, Carrie Williams, 30, of Buffalo and an 18-year-old female, who both became combative with the officers.

According to police, the 18-year-old did punch one of the deputies in the face.

Both women were charged with larceny, resisting arrest and disorderly conduct.

The 18-year-old was also charged with obstructing governmental administration, harassment and escape, as she slipped out of her handcuffs and ran out of the substation, at which time she had to be chased on foot and taken back into custody.

• On Wednesday, Oct. 17, Deputy Brad Ballantyne stopped a vehicle on Route 219 in the Town of Boston for a unspecified equipment violation.

A Department of Motor Vehicles check revealed the license plates on the vehicle were suspended for unpaid parking tickets.

The DMV check also revealed that the vehicle operator, Jeffrey Poth, 24, of Cheektowaga, driver’s license was revoked for a previous driving while intoxicated conviction.

Poth was charged with second-degree aggravated unlicensed operation and suspended registration.

He was remanded to the Erie County Holding Center in lieu of $250 bail.

• On Friday, Oct. 20, Deputies Gary Mosier and David Barbaritz responded to a single car accident on Milestrip Road in the Town of Brant.

According to police, the driver of the vehicle, a 19-year-old male, had left the scene of the accident and was located at Lake Shore Hospital.

The owner of the vehicle told police the vehicle had been taken without her knowledge.

The teen was charged with unauthorized use of a motor vehicle and leaving the scene of an injury accident.

Hamburg man charged with DWI after Bills game

On Sunday, Oct. 21, New York State Police based out of Boston, Clarence, Warsaw and the NYS Thruway conducted a driving while intoxicated saturation patrol to coincide with the Buffalo Bills home game.

Troopers issued 45 tickets, which included five DWI arrests, 12 speeding tickets and 28 other vehicle and traffic law violations. One person was charged with criminal possession of a weapon, one person was charged with criminal possession of a controlled substance and three people were charged with unlawful possession of marijuana.

Antonino Hernandez, 35, of Hamburg, was stopped on Route 219 for failing to yield the right-of-way to an emergency vehicle.

According to police, Hernandez was found to be intoxicated and was transported to the police barracks in Boston, where he refused to provide a breath test.

He was charged with felony DWI, because of a previous DWI conviction in the past 10 years.

Evans Police set up email anonymous tipline

Town of Evans Police have announced they have set up a convenient way for people to contact them anonymously with information.

According to Detective Bureau Lt. Douglas Czora, people sometimes feel intimidated by calling in on the telephone tipline (217-3585).

“Even though any information is anonymous, people sometimes are afraid that their voice will be recognized or maybe someone will overhear them calling us,” Czora said.

“By setting up an email tipline, the person doesn’t have to talk to us and it is a little less personal.”

The anonymous email tipline is

“I really encourage people to use it. We can not be everywhere and we depend on our residents to be an extra set of eyes and ears for us,” Czora said.

Too much noise nets arrest in Hamburg

At 11:10 p.m. on Wednesday, Oct. 17, Town of Hamburg Police Officer Jeffrey Lavelle responded to a complaint of a person making too much noise at a North Street address.

According to police, officers had already responded to the residence two previous times and had told Dale R. Lindstrom, 39, to lower the music and stop banging on the walls and doors.

Upon arriving at the scene, Lavelle said he could hear very loud music again coming from Lindstrom’s apartment, as well as shouting/singing.

When Lindstrom was advised he was being charged with violating the Town of Hamburg noise ordinance, Lindstrom allegedly became hostile and aggressive towards police.

According to police, he was then placed in handcuffs, which at that point he actively resisted arrest, threw himself to the ground, struggled to get away from the officer and refused to get into the rear of the patrol car.

He also allegedly did shout and scream vulgarities at police as he was being removed from his residence and allegedly spit at Lavelle.

Lindstrom was charged with second-degree harassment, physical contact; second-degree obstructing governmental administration, resisting arrest and disorderly conduct, unreasonable noise.

Beer theft foiled

At 8:41 p.m. on Saturday, Oct. 13, Town of Hamburg Police responded to a call of a shoplifter in custody at Walmart on Southwestern Boulevard.

According to police, Joshua A. Monnin, 18, of Hamburg, was observed placing four cases of beer into a cart and then attempt to walk out the front doors of Walmart past all points of purchase without stopping to pay for the items.

Monnin was charged with petit larceny and was released on an appearance ticket.

Music and marijuana

At 3:40 a.m. on Saturday, Oct. 13, Town of Hamburg Police Officer David Jasinski responded to a call of loud music being played at a Big Tree Road apartment.

According to police, this was the third time Jasinski had responded to the same address about loud music and the resident, Clifford R. Cummings, 28, of Hamburg had been warned that he was creating a nuisance with the music and at the second call he was issued an appearance ticket for violating the noise ordinance.

Cummings allegedly responded to the ticket that he would play his music as loud as he wanted because it was only a violation and he did not care.

For the third call, he was taken into custody and was charged with second-degree harassment. At the time of the arrest, officers could smell a strong odor of marijuana coming from inside the apartment and from Cumming’s clothes.

Officers did see in plain view a container (which is often used to grind marijuana) along with marijuana inside it.

Cummings was charged with second-degree harassment and unlawful possession of marijuana.

He was brought back to the Town of Hamburg Police Station for processing and bail was set at $100.


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