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2005 News

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The following are recent articles as reported in The Post Star newspaper. You can visit their site by clicking on the icon below:

 


Schenectady man faces drug charge

HUDSON FALLS -- A Schenectady man was arrested on a felony drug charge Sunday after a Coleman Avenue woman tried to kick him out of her home but he refused to leave, police said.

Gregory A. Jackson, 35, was charged with fourth-degree criminal possession of a controlled substance, a felony, the misdemeanor of resisting arrest and the non-criminal violation of harassment, Hudson Falls Police Sgt. Scott Gillis said.

Gillis said police came in contact with Jackson when the woman he had been staying with called shortly before 7 a.m. to report he refused to leave her home. When police arrived, Jackson fought with them, and when they got him into custody, they found he had 6 grams of crack cocaine, Gillis said.

Jackson was arraigned before Hudson Falls Village Justice Michael Feeder and sent to Washington County Jail without bail. Police said he has at least one prior felony conviction.

Gillis and Hudson Falls Police Patrolman Jeff Gaulin made the arrest.


Police: Four pass fake currency


T.J. HOOKER - THOOKER@POSTSTAR.COM
Computer-generated counterfeit ten dollar bills are displayed at the Hudson Falls Police Department on Thursday.

Two Hudson Falls men and their wives were arrested Wednesday on charges they passed hundreds of dollars in counterfeit money at businesses in Washington, Warren and Saratoga counties, police said.

The four used fake $5, $10 and $20 bills one of them manufactured on a scanner/copier purchased at Wal-Mart to buy food, beer, cigarettes and other items in Hudson Falls, Kingsbury, Queensbury and South Glens Falls, according to officials.

Charged were brothers Louis N. LaValley, 28, and Nathan LaValley, 23, along with Heather E. Rankin-LaValley, 24, (Nathan's wife) and Dolly L. LaValley, 28, (Louis' wife), police said.

Nathan LaValley faces a felony charge of first-degree forgery, while the other three suspects were each charged with a felony count of first-degree criminal possession.

Investigators said additional arrests are likely because they believe the LaValleys gave some of the fake money to friends.

Washington County Undersheriff Matthew Mabb said police don't know how much was distributed, because they were still receiving complaints about it from banks that have been receiving it from businesses in their deposits.

"It's still coming in today," he said. "Glens Falls National (Bank) called and said they've got it coming in through Stewart's stores."

Stewarts was one of a number of stores victimized, according to police. Police said Hess and Cumberland Farms convenience stores, Pizza Hut, Domino's Pizza, Rite Aid and Dollar General were among the others that took the counterfeit cash.

"It was quite a bit of money," said Hudson Falls Police Sgt. Scott Gillis.

The four were arrested after an investigation by the Sheriff's Department, Hudson Falls Police and U.S. Secret Service that began early this week when police started receiving complaints about fake money.

Mabb said police got a break in the case when the staff at the Hess station on Maple Street in Kingsbury recognized one of the LaValleys when bad money was passed there.

Court records allege the money was made by Nathan LaValley using a Hewlett-Packard scanner/copier.

In a sworn statement to police, he said he bought it Saturday and began making money that day, buying $35 worth of gas at the Cumberland Farms store on Maple Street in Kingsbury.

"I have been passing fake 10's and 20's for about the last week or so," Louis LaValley wrote in a statement to police filed in court.

"I told them that it looked fake and that it would never work," Dolly LaValley told police, according to her sworn statement to police.

Police said the scanner/copier was seized and its computer memory showed the money-copying. A surveillance videotape at the Dollar General store in Hudson Falls also showed Louis LaValley spending some of the counterfeit money on Sunday, court records show.

Both the LaValley men have extensive criminal records, with Nathan LaValley having just been released from state prison last month after serving two years in Florida for burglary, police said.

Nathan LaValley, Louis LaValley and Heather LaValley were all sent to Washington County Jail for lack of bail. Dolly LaValley was released on her own recognizance.

Sheriff's investigators Terry Allen and Anthony Leclaire and Hudson Falls Police Detective Curt Pedone handled the case, assisted by the U.S. Secret Service in Albany.


Police scan 800 license plates in two hours with new, high-tech gadget

HUDSON FALLS -- It's capable of reading license plate numbers on vehicles whipping by at speeds up to 120 mph, and then, seconds later, alerting authorities that a car is stolen or uninsured, and this new crime-fighting device was in the area Wednesday, allowing police to make several arrests.

Called the Mobile Plate Hunter 900, the device consists of a set of lenses mounted on top of a car. It feeds plate numbers to a laptop computer that is tapped into the Department of Motor Vehicles database. If there is a match, an alarm sounds, alerting police that something is amiss.

Investigators from the DMV used the camera for three hours Wednesday in the village. Once a suspicious vehicle was found, the DMV notified Hudson Falls Police, which had a patrol car nearby. As a result, 11 tickets for various vehicle and traffic violations were issued to four people, said Deputy Chief Randy Diamond.

"It's cutting-edge technology," Diamond said. "It's remarkable."

The camera also helped police catch a taxi driver operating an uninsured vehicle.

Police charged Michael R. Bauer, who was driving a Twin City Cab based out of Glens Falls, with having a revoked registration and no insurance. Bauer received the tickets instead of Twin City Cab because the driver is responsible for the condition of the vehicle, said police officer John Kibling. Bauer is due in Village Court on Dec. 22.

Made by Remington Elsag Law Enforcement Systems, the camera, using infrared technology, can scan vehicles as a police officer is driving by. Police also can monitor passing or parked vehicles while their hands remain free for driving.

The camera is designed to fit in light bars on top of a car or as a stand-alone unit attached to the roof of a car by magnetic clips, according to the Remington Web site.

In less than two hours on Wednesday, the camera scanned nearly 800 vehicles, Diamond said.

Without the camera, police have to read the numbers on the license plate and punch them into the computer.

Ken Brown, a DMV spokesman, said the camera is a good tool to crack down on fraud and theft, resulting in increased traffic safety. The DMV's investigative unit has used the camera for a month. Brown declined to say where or how often the camera would be used.

Despite its $18,000 price tag, the hi-tech device is slowly catching on. Many police agencies are hoping the cost drops -- or that grant money for such a purchase becomes available.

The New York State Police own 13 cameras, which were purchased earlier this year and are used in high-traffic areas such as Albany, Rochester, Syracuse and Buffalo. So far, the cameras have allowed troopers to recover stolen cars and license plates, as well as making numerous arrests.

"Quite frankly, the results far exceeded our initial expectations," said Lt. Col. James Schepperly of the state police.

The camera even works at night, although it can be less effective during inclement weather, Schepperly said.


Police: Man charged after forging check

HUDSON FALLS -- A Fort Edward man was arrested on a felony charge Friday after he cashed a forged check at a village bank, police said.

A woman had reported she lost her checkbook and was later notified by TD Banknorth that one of her checks had been cashed in the amount of $200, Hudson Falls Police said.

Police said Nicholas G. Montelone, 20, was questioned and admitted to cashing the check, which he made out to himself. Police charged Montelone, of 19 Taylor St., Fort Edward, with second-degree criminal possession of a forged instrument, a felony.

The remaining checks were recovered, but the money is still outstanding, police said.

Montelone was arraigned on Friday and sent to the Washington County Jail for lack of $750 bail.

The arrest was made by Hudson Falls Patrolman Scott Moulthrop.


Sentence surprises Banana Boy crew

Group gets 40 hours' community service and $100 surcharge


BONNIE NAUMANN - BNAUMANN@POSTSTAR.COM
Luke VanScoy, 17, left, 'Banana Boy' Chris Phelps, 20, and his cameraman brother, Jonathan Phelps, 27, stand outside the Hudson Falls Village Hall and Police Department after each was sentenced Thursday to 40 hours of community service and a $100 fine.

HUDSON FALLS -- The legal system tripped up "Banana Boy" and his film crew Thursday.

Chris Phelps, who plays a superhero by the name of "Banana Boy" on a local TV station, and two other South Glens Falls men were crestfallen after they were each sentenced in Hudson Falls Village Court to 40 hours of community service and ordered to pay a $100 surcharge by Dec. 30.

"We heard charges would be dropped, so we're really disappointed," said Richard "Dick" Phelps, the father of "Banana Boy" Chris Phelps, 20, and his cameraman brother, Jonathan Phelps, 27. Another youth, Luke VanScoy, 17, was also sentenced.

The trio was arrested at gunpoint Dec. 8 in a Main Street parking lot after a passing police officer thought the knife fight they were filming for a WNCE-TV8 show was real.

They were each charged with disorderly conduct because the incident caused a large crowd to gather and created a traffic jam.

The men appeared in court Thursday without an attorney because they said they had been told the charges would be dropped.

When they were brought to the station, Chris Phelps said the arresting officer told them they wouldn't face a penalty more severe than a traffic ticket.

And Washington County District Attorney Robert Winn told The Post-Star he would drop the charges, which are equivalent to a traffic infraction.

But Thursday was not Winn's scheduled day to appear in Hudson Falls Village Court, and Village Justice Michael Feeder could not reduce the punishment without the district attorney's permission.

"Generally, the district attorney isn't present for the initial appearance," said Assistant District Attorney Brian Felton. Felton said Winn was not available for comment, but that Winn still would have been willing to talk with the men about a lesser sentence.

"I would have got an attorney if I thought it would go this direction." said Dick Phelps.

Luke VanScoy was the first to appear before Feeder and he pleaded guilty. The Phelps' brothers, who had planned to plead not guilty, said later they felt they should stick with their friend and follow his plea.

About 9:30 a.m., Jonathan Phelps stood before Feeder after pleading guilty and listened to the possible penalties he could face. They included 15 days in jail.

"That was the first I had heard that," Jonathan Phelps said. "This is the first time I'd been in this situation, so I didn't know what to do."

Feeder then asked Jonathan Phelps if he wanted to continue with the sentencing or have an attorney present. At that time, the young man staggered.

"I thought, 'Should I just stop this right now?'" he said later.

Each of them calmly signed and dated their paperwork in front of the judge and returned to their seats, where they studied the documents' language. Afterward, they stood outside in the cold, stone-faced, as a couple reporters asked them questions.

"We'll definitely tell them next time we have a fake weapon," Jonathan Phelps said.

When asked if he would film again in Hudson Falls, the boys cracked a smile.

"I don't know. Probably not," Jonathan Phelps said.

The sentence also took TV8 co-owner Jesse Jackson by surprise.

"If I had heard there was going to be anything more than a dismissal, I would have tried to help," Jackson said.

He explained that even though the group wasn't on official station business when the incident occurred, he would have had the men talk to the station's attorney if he thought they wouldn't have been sent away with more than a reprimand.

"We understand why they (law officials) thought it was serious, but it turned out to be a harmless prank," Phelps said. "I'm shocked."

They will report to the Washington County Alternative Sentencing Agency to set up their community service.

The men are members of Nice Guys Productions, a troupe of young filmmakers who in 2002 won awards in a statewide contest for some of their work. Rick Phelps said they have also been members of the Boys Scouts of America since they were very young, and Luke VanScoy is an Eagle Scout.

"They're no strangers to community service. They're good kids," Rick Phelps said.

 


 

Busted banana starts media frenzy


ERIN R. COKER PHOTOS
Banana Boy, (Chris Phelps) talks to the media Friday at TV-8 studios in Glens Falls about his Thursday arrest during filming in Hudson Falls.



Banana Boy, (Chris Phelps) enters the studio space at TV-8 in Glens Falls to address the media about Thursday's arrest.


PHELPS

 

The gunpoint takedown of Banana Boy seems to have a lot of media appeal. Or is it, a-peel?

Television networks from around the country sought out the young men involved in Thursday's fruit fiasco in which three young men shooting a television show -- one wearing a giant banana costume -- found themselves under arrest at gunpoint.

"It's been wild. We've gotten calls from CNN, Fox News in New York City, all over the place," said Hudson Falls Police Sgt. Todd Lemery.

The trio came under police scrutiny because they were staging a fight scene that involved a man with a fake plastic knife pretending to stab a banana-clad actor playing the part of mythical superhero Banana Boy. They were shooting the scene for a TV-8 show called "The Ravacon."

The melee in a vacant Main Street lot stopped traffic, and a crowd watching drew the attention of passing Washington County Sheriff's Deputy Shawn Lovelace.

When Lovelace stopped his car, one of the gawkers yelled, "He's stabbing him," prompting Lovelace -- who did not know the men involved were acting for a television show -- to order the three to the ground at gunpoint.

Police charged the three -- South Glens Falls residents Chris Phelps, Jonathan Phelps and Luke Van Scoy -- with disorderly conduct for causing a commotion and not letting police know they were acting out the scene. Chris Phelps was playing Banana Boy, Van Scoy his attacker and Jonathan Phelps was filming it.

Washington County district attorney Robert Winn said Friday he likely wouldn't seek convictions in the case.

Van Scoy and Chris Phelps said their phones were abuzz Friday after an article in The Post-Star about their arrests. They held a press conference Friday afternoon at the TV-8 studios, but semeed to be taking their newfound fame in stride.

"We've been getting so many calls," 17-year-old Van Scoy said.

They spent much of the day working to finish editing "The Ravacon" episode that was interrupted Thursday afternoon. It is to be broadcast today at 11 p.m.

Though much of it was captured on tape, they said they likely won't include the run-in with police, since it wasn't part of the story of Banana Boy's crime-fighting exploits.

"The show is a sequence of stories, and Banana Boy is now fighting the bad guys," Chris Phelps said.

The men are members of Nice Guys Productions, a troupe of young filmmakers who in 2002 won awards in a statewide contest for some of their work.

Disorderly conduct is a non-criminal violation equal to a traffic ticket. They're due in court Thursday to answer the charges.

Winn said his office probably wouldn't seek convictions against them, likely agreeing to drop the charges if the defendants understand they should have advised police of what they were doing.

"It would seem to be a case where we would adjourn it in contemplation of dismissal," he said.

Lovelace spent Friday afternoon returning media phone calls, and said he heard the run-in being the subject of joking on Albany radio station PYX-106 Friday morning.

"If you can't laugh when you go to work, why go to work?" he said. "Luckily, the situation turned out to be something we could laugh about."

 


When good fruit goes bad

Police thought TV skit was real


NATHAN PALLACE - NPALLACE@POSTSTAR.COM
Banana Boy, also known as Chris Phelps, is picked up by his father, Richard, from the Hudson Falls police station Thursday afternoon after being arrested on disorderly conduct charges. Phelps was arrested during a film shoot of a fight scene for his TV8 show, which was mistaken for the real thing.


NATHAN PALLACE - NPALLACE@POSTSTAR.COM
Phelps holds his disorderly conduct ticket in front of the Hudson Falls police lineup after he and his film crew were arrested.


NATHAN PALLACE - NPALLACE@POSTSTAR.COM
Banana Boy (Chris Phelps) and his cameraman brother Jonathan exit the Hudson Falls Police Department after being released on a disorderly conduct infraction Thursday afternoon.

HUDSON FALLS -- Banana Boy is supposed to be a superhero. But his powers couldn't get him out of a trip to the village police station Thursday afternoon.

An actor playing the part of a mythical superhero by the name of Banana Boy was arrested Thursday along with two of his friends after police came upon what appeared to be a fight in a Main Street parking lot.

They came under police scrutiny because they were acting out a fight in which one of the actors, Luke Van Scoy, 17, of South Glens Falls, accosted a man wearing a large yellow banana custome with a knife.

Yes, the man in the banana costume is Banana Boy. When he's not a superhero, he's Chris Phelps, 20, of South Glens Falls.

Their skit was being filmed for a Glens Falls TV station by Phelps' older brother, Jonathan Phelps.

Washington County Sheriff's Deputy Shawn Lovelace was driving on Main Street shortly after 2 p.m. when he saw a group of people on Main Street pointing to the parking lot across from Eckerd pharmacy, where Banana Boy was doing his thing.

"I saw they were fighting, got out and saw one of them had a knife," Lovelace said.

Not knowing the combat was fake, Lovelace drew his handgun and ordered all three to the ground, an order they quickly complied with, he said.

The knife turned out to be a realistic, spring-loaded replica of a switchblade, Hudson Falls Police Sgt. Todd Lemery said. Hudson Falls Deputy Police Chief Randy Diamond said bystanders were yelling "He's stabbing him," when Lovelace got out of his car.

They were charged with disorderly conduct, a non-criminal violation, because they caused a traffic tie-up and possible public safety problem by not letting police know they were going to be performing the skit, said Hudson Falls Police Detective Curt Pedone.

Sitting in the back of a police car, Chris Phelps -- his large banana costume bent over to fit in the car -- and Van Scoy said the scene was part of their television show, called "The Ravacon," which chronicles the exploits of Banana Boy. It is broadcast on WNCE-TV8 Saturday nights at 11 p.m.

They acknowledged they should have let police know beforehand that they were coming to town.

"We do a lot of our stuff in South Glens Falls, and the police know us there," Van Scoy said.

Mechanic Street resident Steven Wilson and friend Nicholas Monteleone were among the crowd watching the skit being filmed when Lovelace came upon it. They watched as the officer drew his gun and took them into custody.

"I said, 'Oh my God, don't shoot the banana,'" Wilson said. "It was the funniest thing I've ever seen."

TV8 co-owner Jesse Jackson said he spoke with Hudson Falls Police Chief James Clary shortly after the trio were arrested.

He said Clary was "very accommodating" and he understood why police did what they did. Jackson said he also planned to discuss the matter with the Banana Boy crew.

Jackson said could not begin to describe the show but said the young men are very talented.

"I've been in TV for a lot of years and I've never seen anything like them," he said.

He said the cameraman believes he captured the entire incident, including the police involvement.

Chris Phelps said they plan for the show to air Saturday.

The three were released on their own recognizance to appear in Hudson Falls Village Court on Dec. 15.


Man charged in truck crash

HUDSON FALLS - A Dix Avenue man was charged with a misdemeanor count of driving while intoxicated and a count of failure to keep right after his pickup truck crashed through a fence on Allen Street.

A 2003 Ford Ranger driven by Truman H. Morgan, 48, was travelling south when the vehicle went off the road and drove through a chain link fence in front of G L & V at 3:02 p.m., Hudson Falls police said. When police arrived, the vehicle was hanging over an embankment with a cement barrier preventing it from overturning, police said.

No injuries were reported.

Following field sobriety tests, Morgan was taken into custody. He later tested over three times the legal limit with a 0.25 percent blood alcohol content level, police said.

Morgan, of 1092 Dix Ave., was released pending a court hearing in Hudson Falls Village Court.

The arrest was made by Patrolman John Kibling.


Man charged with DWI in crash

HUDSON FALLS -- A village man was charged with driving while intoxicated after he drove a car into a tree early Wednesday, injuring a teen in the car with him, police said.

Jason A. Gitto, 33, of Lower Main Street was arrested after the 5:15 a.m. collision at the intersection of John and Sumpter streets, said Hudson Falls Deputy Police Chief Randy Diamond.

Gitto was not hurt, but Nicole Haley, 19, of Main Street, Hudson Falls, was taken to Glens Falls Hospital, where she was treated and released.

Gitto was charged with misdemeanor DWI and the traffic violation of failure to keep right. He was released pending prosecution in Hudson Falls Village Court.

The case was investigated by Hudson Falls Police patrolmen John Kibling and David Willis.


Man pleads guilty to drugging woman, is sentenced to 1 to 3 years in prison

FORT EDWARD -- A Hudson Falls man who pleaded guilty in September to a charge he drugged a female acquaintance was sentenced Tuesday to up to 3 years in prison.

Eric J. Clark, 41, did not offer an apology when appearing before Washington County Judge Philip Berke. Berke imposed a 1- to 3-year sentence in the case.

Clark pleaded guilty Sept. 27 to a felony charge of fifth-degree criminal possession of a controlled substance for spiking the woman's coffee with the anti-anxiety drug Xanax on March 13. She lapsed into unconsciousness because of the drugging, police said.

Clark's lawyer, Washington County Assistant Public defender John Oswald, told Berke that Clark had given the victim prescription drugs in the past at her request. Washington County First Assistant District Attorney Kevin Kortright said that was untrue, however.

Authorities believe Clark gave the woman the drugs in preparation for a possible sexual assault. Police said she had rebuffed his sexual advances 10 days earlier.

Clark, though, told police he put it in her coffee to help her relax because she had been dealing with financial problems.


Traffic stop leads to drug bust

HUDSON FALLS -- A Schenectady man was arrested Tuesday night on a felony drug charge after police pulled his car over for having an object hanging from its rear-view mirror, officials said.

Donnell J. Stanley, 32, was charged with third-degree criminal possession of a controlled substance after the 7:22 p.m. traffic stop on Delaware Avenue, said Hudson Falls Police Sgt. Scott Gillis.

Police said they found 13 grams of crack cocaine in one of his sneakers, and they have learned Stanley -- a two-time felon -- was in the area to sell the drug.

"We believe he was one of the bigger dealers in the area," Gillis said.

Stanley was also charged with the misdemeanor of resisting arrest because he tried to run from officers as he was being taken into custody, police said.

Gillis said police were taking Stanley to the village police station because he did not have a driver's license. When officers were searching him before he was put in a patrol car, he tried to run off but was tackled within a few feet, Gillis said.

He was arraigned before Hudson Falls Village Justice Michael Feeder and sent to the Washington County Jail without bail.

It is illegal to have objects hanging from a car mirror, Gillis said. When police searched Stanley, they found two tickets issued to him by Schenectady Police in recent days for the same violation.

Gillis, Hudson Falls Police Patrolman Dave Willis and Glens Falls Police Detective Sgt. Lloyd Swartz investigated the case.

-Don Lehman


Trustees tussle over police budget

HUDSON FALLS -- A village trustee caused a ruckus at Monday night's board meeting by casting a spotlight on the police department's spending practices, according to village staff and residents.

Trustee Brenda Ross stood during the board comment period and voiced a lengthy criticism of police department finances. Her comments caused several residents to respond in defense of the department, resulting in an argument that ultimately forced Mayor David Carter to use his gavel to close the meeting.

"It was terrible," said resident Joe Delaney. "Other people started commenting and the board saw that it was going to get out of control -- too many people speaking at once."

Delaney said he expected future meetings would be just as contentious, at least through the village's election in March.

Police officials and village trustees called Ross' conduct surprising and unprofessional.

"If myself or any of my staff acted the way this trustee did, there certainly would have been charges brought against them," said Chief James Clary.

Ross said the department is several thousand dollars over budget and sounded a warning cry that if something isn't done now, taxpayers would later feel the effects.

Deputy Chief Randy Diamond said the department is over budget at this point because of overtime costs, but he did not think it was by several thousand dollars. Several factors contributed to the budget shortfall, he said, including vacations and unanticipated investigations.

"You can't predict the things that are going to happen," Diamond said, citing a recent homicide investigation.

Diamond would not specify by how much the department has exceeded its budget.

Mayor Carter said the department has spent $12,000 more than is normal at this point in the fiscal year. The difference occurred because many officers took vacation during the summer, leading to more overtime than other times of the year.

Trustee Lisa Clouse, a member of the police committee, said the amount could be overcome later in the year. By June, Carter said, the department should only be $2,000 over budget.

He said other contributing factors include higher fuel costs and a 3 percent pay raise for department members, neither of which were accounted for in the budget.

"They got the same amount this year as in 2004," Carter said.

Ross said she reviewed the police department budget the same way she would review any other department's finances.

"I am not picking on any one person. They might feel like I am because I'm asking questions, and they're having to answer them," Ross said.

Ross's interaction with the police department has been an issue since the week of Nov. 10. That's the day Mayor Carter removed her from the police committee. Earlier that week, Mayor Carter said he received a memo Ross sent to him and Chief Clary asking for an executive session to discuss overtime and staffing issues.

"She had asked me to basically grill the chief on the accreditation of the department," Carter said. "That's nothing I think we should deal with. It's one of the few departments in the area that is accredited. Her approach to attack the department was inappropriate for any public official."

Ross also told another trustee she was afraid a member of the police department would plant drugs on her, trustees said.

"I was making it public, so if it happened, it would be public knowledge," Ross said. She explained that she was worried she had gotten on Clary's bad side and might be framed.

Ross isn't the only trustee to be removed from the police committee.

In June, trustee Kathy Varney was also removed after she voiced criticism of the police department.

"Because I was asking questions, basically," she said in answer to why she was removed from the committee.

Varney had asked for financial records from the police department treasurer, but she didn't receive them, Ross said. In July, Varney began submitting freedom of information law requests for the documents.

She and Ross both said they weren't attacking the police department, but they were interested in how budgeting and scheduling for officers would effect taxpayers.

"It's not about the police department; it's about the way a trustee is treated," Varney said. "It doesn't matter what committee I'm assigned to. I was elected at large to represent all the people ... they can't stop me from asking questions that matter."

The police committee typically has two members who serve as liaisons between the department and the Mayor. The committee includes Clouse and Mayor Carter, Wagner said. Clerk Ellen Brayman said a new member had not yet been appointed to the committee.

In August, Ross was involved in an incident that caused Mayor Carter to retire trustees' badges. Ross, a member of the village code enforcement board, had stopped on her way home from work to remind business owners they were in violation of village code. The business owners were confused by the badge she showed and filed a police report questioning her authority.

According to trustees, Ross stood up during a meeting on Oct. 31 and spoke at length to the board about a vote with which she disagreed. At that meeting, the board was re-voting on another police matter.

The board had voted in September to open a civil service test for a replacement police chief to non-village staff. However, after consideration, Wagner said, the board decided to keep the test closed to village police staff.

If the test was opened to all village staff, it could decrease the changes of promotion for current Deputy Chief Diamond, who was groomed for the position, trustees said.

"We would be obligated to choose one of the top three candidates regardless of who they were," Wagner said.

He and trustee Clouse said they wanted to give Diamond the opportunity because he had served the department for 21 years.

Carter said he didn't plan to meet with Ross or the department.

"She'll be held accountable in the Spring in the election. The public is very happy with the police department, and her constant attacks are not going to be tolerated," Carter said.

Ross said Tuesday she did not plan to apologize.

"I might have to paint my SUV with invisible paint and move out of town for a while, but I don't care," Ross said. "I wanted to get this out about the budget."


Man crashes allegedly stolen car

HUDSON FALLS -- A Putnam man was arrested early Tuesday after he allegedly stole a car, crashed it into another vehicle, then ran from the crash scene, police said.

The man, identified as Jeffrey A. Smith, 21, of county Route 2, was caught about 45 minutes after the car he was driving slammed into another at the intersection of Maple and Center streets, Hudson Falls Deputy Police Chief Randy Diamond said.

Hudson Falls Police Sgt. Todd Lemery and Patrolman Scott Moulthrop arrested him after he apparently fled to the Cumberland Farms store on Main Street to call a relative for a ride, Diamond said.

Smith apparently stole the car after a dispute with a family member who was giving him a ride home from Glens Falls Hospital, Diamond said. Smith had been taken to the hospital for treatment of an unspecified medical problem, Diamond said.

The family member was giving him a ride home when he got out of the car shortly after 6 a.m. and apparently stole a different car minutes later from the vicinity of Trotters Court, police said. He was a block away when he went through a stop sign and hit another vehicle broadside, Diamond said. He then climbed through a window of the car to escape the wreckage, Diamond said.

The driver of the vehicle he hit, Yvonne Rock, of Route 196, Kingsbury, was taken to Glens Falls Hospital where she was treated and released.

Smith was charged with fourth-degree grand larceny, a felony, and the misdemeanors of leaving the scene of a personal injury accident, unlicensed operation and the traffic violation of failure to stop at a stop sign.

He was arraigned in Hudson Falls Village Court and was sent to Washington County Jail for lack of bail.


EMT attacked in moving ambulance

Hudson Falls | Teen allegedly slips restraints and hits volunteer

HUDSON FALLS -- An emergency medical technician with the Fort Edward Rescue Squad was hurt Monday night when a drunken teenage patient being transported in the back of an ambulance attacked him, police said.

The EMT, identified as Eric Fuller of Glens Falls, suffered facial injuries that included cuts, bruises and swelling when the 16-year-old from Massachusetts punched Fuller as he was finishing a telephone conversation with emergency dispatchers, police said.

The patient, identified in court records as Jason M. Miles of North Adams, Mass., had freed himself from restraints on an ambulance gurney.

That led to a scuffle that ended when the ambulance was stopped, and Hudson Falls Police were called to take Miles into custody.

Miles was charged with second-degree assault, a felony. Hudson Falls Police Deputy Chief Randy Diamond said that charge was filed under a law that automatically makes it a felony to assault an EMT.

"Some people may think (EMTs) have an easy job, but this shows that's not the case," Diamond said.

Fuller, a volunteer with the department, was treated for his injuries at Glens Falls Hospital and released. Stuart Alheim, captain of the squad, said Fuller was doing well Tuesday, and he was expected to be ready for his next scheduled shift today.

"He's a little shaken up -- a little upset -- but I talked to him this morning (Tuesday), and he's doing OK," Alheim said.

The rescue squad was called to Maple Street at about 9 p.m. in response to a report of a "male down," Diamond said.

He apparently was intoxicated and was found lying on the street, officials said.

In a written affidavit to Hudson Falls Police, Fuller said he was notifying Washington County dispatchers that the ambulance was en route to the hospital when Miles wiggled free of restraints and attacked him.

"When I turned to face him, he punched me in the side of the face," Fuller wrote.

Alheim said Fuller was able to wrestle the patient under control, and ambulance driver Kevin Harrington quickly became aware of the trouble and pulled over to assist Fuller in the scuffle before police arrived on the scene.

"They did a very nice job," Alheim said. "We do have procedures in place to deal with this, and they followed them."

Alheim said no one involved with the squad could recall a prior attack on one of its EMTs. Years ago, a squad member was apparently choked by a patient, but there has been nothing in recent memory, he said.

Miles was arraigned before Hudson Falls Village Justice Michael Feeder and sent to Washington County Jail for lack of bail.

Police said it was unclear Tuesday why he was in Hudson Falls.

"He was not real cooperative," Diamond said.


Judge: Evidence can be used in Doyle murder trial


DOYLE
 

FORT EDWARD -- A Washington County judge on Monday ruled that crucial evidence in the murder case against Shawn M. Doyle will be admissible as evidence at his trial beginning Jan. 20.

Doyle, 29, is charged with killing his ex-girlfriend, Lori A. Leonard, placing her body in a truck toolbox, then dumping the box containing her body into the Champlain Canal.

Judge Philip Berke denied requests by Doyle's defense lawyer to suppress evidence gleaned during searches of his house and truck, He also ruled to allow the testimony of a store clerk who told police she sold Doyle the truck toolbox in which Leonard was found dead.

The searches yielded the key to the tool box, which police said they found in the glove compartment of Doyle's truck, police said. The store clerk's testimony, and the fact she picked Doyle out of a photo lineup as the man who bought the box, is the other major link between Doyle and the aluminum tool box, officials said.

Berke's rulings came after a 3-hour pre-trial hearing in which police laid out their investigatory actions in the days and weeks after Leonard disappeared, as well as the hours after her body was found July 24 in the Champlain Canal.

Washington County Public Defender Jeffrey McMorris had asked the evidence be suppressed, arguing he believed errors on the search warrant applications made them invalid and the photo lineup was set up in a way that Doyle's picture stood out.

McMorris pointed out a police document that accompanied the inventory of items police seized during searches of Doyle's home and truck indicated the key was found at the "scene" where the body was recovered in the canal.

Washington County First Assistant District Attorney Kevin Kortright, though, said that mention was taken from a Washington County Sheriff's Department evidence inventory document that recounts all the evidence that had been taken, not the official court document showing where particular items came from.

Monday's testimony included that of Washington County sheriff's Investigator Bruce Hamilton, who told of finding the toolbox key in the glove compartment of Doyle's Dodge Dakota pickup on July 25.

Hudson Falls Police Detective Curt Pedone also testified about the process in which police determined where the toolbox was purchased.

Police had linked it to Auto Zone by its brand, and Pedone said a clerk there, whom he identified as Maria West, found the sale in the store's computer by a part number. West did not testify Monday. She picked Doyle's picture from those of six men with shaved heads, glasses and goatees or beards, as Doyle appeared in the spring.


Pedone said West recalled the transaction because she offered to clean the box for Doyle when he bought it.

"She said it had pollen on it, and she asked if he wanted her to wash it but he said not to bother," Pedone testified.

Berke on Monday also ordered Doyle to give police a DNA sample to be used, as the State Police Crime Laboratory continues to go over evidence found in the toolbox.

Berke had police take the sample in court, Hamilton giving Doyle a small plastic tool with which to scrape the inside of his mouth.


Kortright told Berke investigators found unidentified hairs on the bedliner of Doyle's pickup and a bloody bandana in Leonard's mouth and that State Police evidence technicians needed a sample from Doyle to compare to DNA taken from them.

McMorris objected, saying he didn't think the "standard of relevance" had been met.

Doyle is being held in Washington County Jail without bail.

He has refused a plea deal that would require him to plead guilty to second-degree murder and serve a 20-years-to-life sentence. He faces up to 25-years-to-life if convicted at trial.

Leonard, 33, of the Syracuse area, and Doyle had dated on-and-off for more than a year before she disappeared in early May. Police said she had broken off the romance.

She was found in the tool box handcuffed and bound with duct tape, gagged with a bandana and mouth covered with duct tape.


Police: Suspect had BAC of .52

HUDSON FALLS | Highly intoxicated woman faces burglary charge

HUDSON FALLS -- Hudson Falls police have come across some very intoxicated people over the years.

But the Hudson Falls woman they arrested on a burglary charge late Wednesday surpassed anything any police officer in the village, or anywhere else locally, has seen.

Police said the woman, Rebecca E. Hobbs, 39, of First Street, was found to have a blood-alcohol content of 0.52 percent when she was taken to Glens Falls Hospital after her arrest. She was charged with burglarizing an acquaintance's home and stealing jewelry Wednesday night, Hudson Falls Deputy Police Chief Randy Diamond said.

She went to the hospital during the booking process at Washington County Jail. That trip came after officers at the jail had her take a breath test that Sheriff Roger Leclaire said showed a reading of 0.47 percent.

A blood test at the hospital a short while later found that level had risen to 0.52, the sheriff said -- more than six times the legal threshold of 0.08 percent for driving while intoxicated.

"That's an extreme health hazard when someone gets to that level," Diamond said.

The content at which alcohol intoxication can become fatal depends on the person, with factors such as their size and alcohol tolerance playing a part. Police said Hobbs is known to have a severe drinking problem, and Leclaire said she's been booked at the jail in an intoxicated state in the past.

According to the University of Notre Dame's Office of Alcohol and Drug Education, 0.35 percent is equal to the level of surgical anesthesia and at 0.40 and above, risk of death begins to occur.

Leclaire said the department was working with the district attorney's office to see if it could quickly get Hobbs into an inpatient rehabilitation program.

Washington County District Attorney Robert Winn said he had never heard of a test result that high, and questioned the validity of it until hearing there was a breath test and
blood test that confirmed the high level.

"I didn't know someone could survive at that level," he said.

Police officers around the region say they've arrested people whose BAC has topped 0.30 in the past, mainly drunken drivers. Warren County Sheriff Larry Cleveland said he recalled hearing of a drunken driving suspect or two whose BAC approached 0.40, but none higher than that.

Glens Falls Police Capt. Joseph Bethel said the department immediately seeks medical treatment when they believe a person they come in contact with is dangerously intoxicated.

"Usually when we get them at about a point-30, we take them right to the hospital," he said.

Hobbs was still being treated at Glens Falls Hospital as of Thursday afternoon, officials said. When released, she was to be returned to the jail for lack of bail on a felony charge of second-degree burglary.

Hudson Falls Police Patrolman Jeff Gaulin and Sgt. Scott Gillis made the arrest.


Man, others indicted in robbery case

FORT EDWARD -- A Washington County grand jury has indicted an Argyle man on robbery charges for a convenience store holdup last month. The panel also charged two people police believe aided him after the heist.

Jason M. Cary, 22, faces felony counts of
first-degree robbery and third-degree robbery in connection with the Sept. 21 robbery at the Cumberland Farms store on Burgyone Avenue in Kingsbury.

He was charged after police said a man walked into the store, threatened to shoot the clerk and made off with $50. No gun was displayed.

The grand jury also charged Cary's 18-year-old girlfriend, Amber Logan, of Sams Hill Road, Argyle, and Logan's mother, Nancy A. Logan, 39, of Argyle. Each faces a felony count of hindering prosecution for their alleged roles in hiding Cary from police after the holdup.

Police said they allowed Cary to hide in their home, and Amber Logan lied to police when they asked if Cary was in the residence. State Police later found Cary hiding in the building's basement, officials said.

Cary and the Logans all pleaded not guilty to the charges Tuesday in Washington County Court. Cary was ordered held for lack of bail, while the other two were released on their own recognizance.

Cary's father, Wesley Cary, 47, of Hudson Falls, was also charged by State Police in the days after the robbery because he gave his son a ride home after he fled the store. He was not named in the indictment, however.

Officials said the charge of hindering prosecution is still pending against the senior Cary in Kingsbury Town Court, and he has agreed to cooperate with the prosecution of his son. It was unclear Tuesday whether the charge against him would be dropped in exchange for that cooperation.

Jason Cary fled the store on foot, but was chased by a Hudson Falls police officer who happened to be in the store buying a drink when the robbery took place, police said. With the officer in pursuit, Cary couldn't get to his waiting car, so he fled on foot and later called his father for a ride, according to police.

Jason Cary, who is on probation for a felony burglary conviction, faces up to 25 years in prison on the first-degree robbery charge.

 


Hudson Falls building may be torn down

HUDSON FALLS - The burned-out building at 56 River St. could soon be demolished.

A fire that made two people homeless Feb. 2 also left a building an eyesore and potential neighborhood hazard.

The owners of a new business next door recently purchased the dilapidated structure from the previous owner, Kevin Taylor.

Calls to Taylor’s attorney were not immediately returned.

“We’re not really sure what we’re going to do with it,” said Norman Benjamin, a co-owner of the Back Street Deli.

Village trustee Rick Wagner, who is handling some code enforcement issues since the release of the former enforcement officer, said the village had been floundering to find a way to remove the building.

Wagner said the village had contacted Taylor’s insurance company, which hadn’t yet decided if they would pay for the building.