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Police blotter from the Sept. 5 edition of The Sun

Three arrested for 124 hits of LSD and more
At 11:13 p.m. on Aug. 18, Kimberlee Bush, 41, of Hamburg, Nicholas Kellar, 27, of Buffalo and Frank Pokigo, 27, of Brant, were arrested by town of Evans police on Erie Road.

Patrolman Nathan Miller was conducting an inventory of the vehicle and located a multicolored backpack on the rear seat next to Pokigo. He said that he then discovered a red marijuana grinder with marijuana residue.

Pokigo was then placed under arrest. Inside the backpack was a CD case that held a perforated sheet of paper with approximately 124 individual squares wrapped in tinfoil. Pokigo was asked what the sheet of paper was, and he replied, “It’s acid.”

Under the driver’s seat was a red drawstring bag that contained two glass pipes with burnt crack cocaine residue. Inside the bag was one hypodermic needle, two metal caps, small cotton balls and other items associated with injecting substances. Kellar said that the red bag was his.

On the floor of the front passenger’s seat was an Altoid’s container that contained several Alprazolam pills; more were found in a pill container located in the door storage area. Bush told police that they were her grandmother’s medications.

Charges included unlawful possession of marijuana, criminal possession of controlled substances (LSD with intent to sell), criminal possession of controlled substances, possession of hypodermic instruments and controlled substances in a non-original container.

Stolen inspection sticker on car
Town of Evans Police were informed that a vehicle, driven by David Wittenzellner, 23, of Brant, was displaying a stolen inspection sticker on its windshield.

Patrolman Kenneth Kloss located the car on Lexox Street at 6:16 p.m. on Aug. 7 and verified that all given information was legitimate and that the stolen property was evident on the vehicle’s windshield.

Wittenzellner was found inside the residence and told police that the car was his. He was taken into custody and the vehicle was impounded.

The stolen inspection sticker was collected and Wittenzellner was read his rights at the Eden Police Station. He admitted that he had stolen the certificate and he was charged with criminal possession of stolen property fifth. He was released on an appearance ticket and scheduled to reappear in the town of Evans Justice Court.

Evans woman arrested for impersonation
Evans Police Department Jeffrey DeVinney stopped a vehicle, driven by Shanna Fry, 43, of Evans, on Lakeshore Road at 4:28 a.m. on Aug. 19. Fry told police that she had no physical identification and identified herself as Holly Metzger, with a date of birth of April 24, 1968; she then informed DeVinney that she had given him the wrong date of birth, because she was nervous.

Police issued three uniform traffic tickets in Metzger’s name, for driving with insufficient tail lamps, operating with obstructed vision and operating a motor vehicle without an inspection certificate.

DeVinney said that the inspection sticker on the vehicle was worn and barely attached to the window. He observed that the mileage written on the sticker was 115,637 and the mileage on the vehicle was 155,657. Because DeVinney said that the sticker did not appear to belong to Fry’s 2003 Chevrolet Tracker, he removed it from the vehicle, to follow up with the department of motor vehicles.

On Aug. 22, DeVinney spoke to Metzger via telephone. The subject said that she was not operating the Tracker on Aug. 19, but was aware that Fry had used her name on a traffic stop. She agreed to complete a supporting deposition and added that this was not the first time Fry had impersonated her.

A DMV check of the inspection sticker showed that it belonged on a 1998 Chevrolet, according to Investigator Shawn Yost.

Patrol received a voice mail from Fry, who said that she wanted to tell the truth about being the operator of the 2003 Chevrolet and giving a false name. DeVinney met Fry at her home and took a voluntary statement.

Fry was taken into custody and transported to the Evans Police Department, where she was booked and released on the three original UTTs, plus criminal impersonation of another person and operating a motor vehicle by an unlicensed driver.

‘Belligerent’ offender tased by Evans police
Evans Patrolman Kenneth Kloss responded to a home on Fairview Street in Evans, in response to a call from a victim reporting harassment.

The reporting individual, whose name has not been released, said that James Frazier, 51, of Evans had arrived home in an intoxicated state. The reporter told police that Frazier was “loud and belligerent,” continued to drink and became irate. He also reportedly threatened to kill the female victim. The reporting individual attempted to leave the residence, but Frazier hid her car keys and, when she found another set, laid down behind her vehicle, to prevent her leaving.

The victim refused to file charges against Frazier. A domestic incident report was completed and the reporting individual was given a victims’ rights sheet. That case was exceptionally cleared.

While the above incident was being investigated, Frazier began to yell and swear outside his residence, causing the neighbors to exit their homes. He was warned to quiet down or he would be arrested. After Frazier continued to yell and swear, he was told to turn around and put his hands behind his back. He swore at Kloss, physically resisted patrol and attempted to punch and kick patrol. Kloss tased the subject and placed Frazier under arrest.

The subject was charged with resisting arrest and disorderly conduct – unreasonable noise – and held until sober.

Man flees from cops to Mickey Rats
On Aug. 19 at 9:08 p.m., Evans Police Patrolman Jeffrey Mayer arrested William Rybak, 29, of Lackawanna, on Lake Shore Road.

Police observed the vehicle’s traveling at a high rate of speed, eastbound on Lake Shore Road. The vehicle was clocked at 71 mph. As patrol turned to pursue the car, the driver sped up and took a sharp turn into the Mickey Rats parking lot.

The subject then fled on foot, ran along the side of Mickey Rats, jumped the break wall onto the beach and went into the establishment. He was then detained by Mickey Rats security staff and taken into custody.

Rybak was arrested for obstruction of governmental administration, reckless driving, failure to keep right in a two-lane road, speeding violation, aggravated unlicensed operation of a motor vehicle, operating a motor vehicle by an unlicensed driver and resisting arrest.

Police discovered that Rybak had a bench warrant out of the village of Hamburg for petit larceny. The subject was arrested on Evans charges, processed and issued uniform traffic tickets.

Man violates order of protection
At 3:37 p.m. on Aug. 24, a female victim reported that Matthew Hawes, 30, of Evans was parked in front of her residence, in violation of an order of protection.

Hawes left the home and went to the Evans Police Station, reporting that he had arrived at the victim’s residence to pick up his child. He said that he had brought another individual with him, because he could not pick the child up himself, according to court paperwork.

Evans Police Patrolman Matthew Stonitsch spoke with the reporting individual, who said that Hawes’ mother or father are the only ones allowed to pick up the child, and that the subject cannot come to her house.

The victim also reported that Hawes had called her home phone, multiple times throughout the day, on Aug. 23.

The order of protection against Hawes, issued through the Erie County Family Court, will expire on Sept. 18.

The victim filed charges against Hawes on Aug. 25 and a warrant was requested.

Hawes was charged with criminal contempt first: violating an order of protection by telephone and aggravated harassment by phone, without legitimate communications.

Evans man arrested for DWI
Evans Patrolman Thomas Castle was dispatched to Erie Road and asked to be on the lookout for a recklessly-driven 2005 Dodge, owned by Patrick Keller, 22, of Lancaster.

Police located the vehicle at 11:43 p.m. on Aug. 24 and reported that the car crossed into other lanes.

After stopping the vehicle, Castle identified Keller, who police said had bloodshot eyes. When Castle asked Keller if he had been drinking, the individual replied, “Yes; at Sunset.”

The subject failed field sobriety tests and tested positive for a breath screen. He was placed under arrest for DWI, while admitting to having a small amount of marijuana.

Keller was taken to the Evans Police Station, where he was read his Miranda and refusal warnings. His reported blood alcohol level was .16 percent, twice the legal limit.

He was booked and released, with an appearance ticket.

Two men die in Eden accident
On Aug. 30, the town of Eden Police Department, along with the Erie County Sheriff’s Department Accident Investigation Unit, was investigating a fatal accident that occurred on East Eden Road in the town of Eden.

A vehicle, driven by Jason Jewett, 31, of South Byron, N.Y., was traveling southbound on East Eden Road, when it lost control, struck trees and came to rest on its side.

Jewett and his passenger, Steven Webb, 28, of Hamburg, were reported dead at the scene.

Police said that speed was a factor in the accident. The investigation is ongoing.

Marijuana paraphernalia confiscated
Evans Patrolman Ralph Maslach was doing a routine check of beach access at the end of Wendt Road on Aug. 22, when he reported that he smelled marijuana emanating from a gray 2005 Jeep Cherokee.

The operator, Anthony Jakubczak, 20, of Evans, admitted that he was smoking a bowl and had marijuana in the center console of his vehicle.

Maslach located and secured the cannabis paraphernalia, including .5 ounces/15 grams of marijuana.

Jakubczak was charged with unlawful possession of marijuana and ordered to appear in court on Sept. 16.

Buffalo woman arrested in Evans
Evans Patrolman Gregory Szarowicz was dispatched to assist in locating a white Ford Focus which was reported to be driving at a high rate of speed. In addition, the driver was reported to be consuming alcohol inside the vehicle.

Szarowicz made a traffic stop and discovered that the driver, Monica Smithers, 20, of Buffalo, had a suspended driver’s license for failing to pay a fine in the town of Franklinville.

The subject was taken into custody and transported to the Evans Police Department. She was charged with operating a motor vehicle by an unlicensed driver and aggravated, unlicensed operation of a motor vehicle third.

She is scheduled to appear in court on Sept. 16.
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