NY: Cuffs and Collars Issue: 9

Western District Highlights

Fuel spill

(Onondaga County)

On Jan. 17, ECO Rick Head answered a report of a fuel spill at a
gas station in Syracuse. A truck driver had left his truck
unattended and returned to find diesel fuel spilling on the ground.
The nozzle handle had been propped open in order to keep fuel
flowing to the truck’s fuel tank. The driver then left the station
without notifying attendants. The station attendants quickly
noticed the spill, prevented the fuel from entering nearby storm
drains, and began to clean up the mess. After interviewing the
driver and company representatives, the trucking company agreed to
assume responsibility for cleanup and failure to report the spill.
The company is set to sign a consent order for release of a
hazardous substance to the environment for $500.

How not to drain your gas tank

(Tioga County)

On Jan. 20 ECO Stanley Winnick III received a call from the Village
of Owego Police Department regarding a vehicle fire at a public
fishing access site along the Susquehanna River. The police
department reported that two men had been attempting to puncture
the gas tank of a vehicle they were going to scrap at a scrapyard.
As the men punctured the tank, the gas drained out on to the ground
and somehow caught on fire. One of the men had gas on his leg and
his pants caught on fire. He rolled around in the snow and was able
to put out the fire before he was injured. The Owego Fire
Department responded to the location and put the vehicle fire out.
Winnick responded and was met there by two Village of Owego
Department of Public Works employees. They told Winnick that they
happened to be driving by the fishing access site and witnessed the
whole incident. The subjects had originally taken the vehicle to
the scrapyard, but were told that it couldn’t be accepted with the
gas tank intact, so they took it to the nearby fishing access site
to drain the tank. Winnick took a statement from the witnesses and
from the employees of the scrapyard. Both subjects were issued
tickets returnable in local court for use of a fishing access site
for purpose other than permitted and endangering public health,
safety, or the environment. Interestingly, this fishing access site
is the site built by the scrapyard owner as an Environmental
Benefit Project in 2007.

Charged after criminal mischief spree

(Cayuga County)

On the Jan. 17, ECOs Scott Sincebaugh and Mark Colesante responded
to assist Cayuga County Sheriff Deputy Van Ditto with a firearms
and criminal mischief complaint in the Town of Throop. On Jan. 5
and 7, three subjects had driven around the Town of Throop and shot
a total of 37 mailboxes, streetlights and road signs with shotguns
and a .22 caliber rifle from their vehicle. They were arrested on
several felony charges by the sheriff’s department and the ECOs
issued a total of 15 tickets for discharging a firearm from a
public highway, shooting within 500 feet of a dwelling and
possession of a loaded firearm in a motor vehicle.

Baitfish certification enforcement

(Schuyler County)

In late January and early February ECO Lifrieri was stepping up
freshwater fishing enforcement in Schuyler County since the winter
months traditionally bring out ice fishermen who do not mind
enduring the harsh weather. Checks were made on Cayuta Lake, also
known as Little Lake, a popular hub for ice fishing, snowmobile and
dirt bike riding. On Jan. 30, several fishermen were checked for
compliance with the New York freshwater angling regulations. Ice
fishermen are checked for their fishing licenses, the implements
they utilize, creel and size limits of the fish and to ensure that
species are taken during the open season. Due to the fish disease
VHS, fishermen are also checked to be sure they are using
“certified” bait. Two fishermen were found in violation of the
baitfish regulations. New York state regulations for fishing
require that baitfish that are not native to a particular body of
water need to be purchased from a certified bait dealer and the
fisherman needs to have the certification on hand when he is
fishing (typically a receipt). The certification needs to indicate
where the baitfish were purchased, the date they were purchased and
the species and number purchased. The fisherman has 10 days from
the purchase date to use the baitfish as bait or they need to
properly dispose of them. Both men were charged with placing
baitfish in New York state waters without certification.

On Feb. 23 during a follow-up investigation and inspection with one
of the bait shops that failed to give the fisherman a receipt
(certification), it was discovered that the owner did not have his
baitfish commercial dealer’s license on hand at the store. He
stated that he did possess a valid dealer’s license but apparently
misfiled it or had it in a separate location. The business owner
was charged with failing to possess his commercial baitfish
dealer’s license and failing to issue the required baitfish receipt
to purchaser.

ECO assists with

apprehension of assault suspect

(Lewis County)

Lewis County 911 dispatch put out a “be on the lookout for” a
subject who just assaulted a woman at Lewis County General
Hospital. The subject fled on foot into the Village of Lowville
toward the fairgrounds. ECO Hutton was on patrol in the Village of
Lowville and stationed herself in a location of where the subject
was fleeing. Forest Ranger Candee called on the radio stating he
saw the subject on the railroad tracks and the subject was walking
away from him. Hutton went into a field by foot and saw Candee and
a Village of Lowville patrolman following the subject. Hutton
called out the subject’s name and the subject turned and ran into a
large drainage ditch. At the top of the drainage ditch the subject
turned and yelled out to the officers “you’re going to have to kill
me, if you want to arrest me.”

With the situation escalating, Candee and the village patrolman
continued to follow the subject by foot and Hutton returned to her
patrol vehicle and drove into the cornfield, cornering the subject.
Hutton attempted to defuse the situation by talking to the subject;
however, he refused to comply. Using a controlled takedown, Hutton
was able to gain control of the subject after a brief struggle.
Candee assisted in cuffing the subject and he was turned over to
the state police and Lewis County sheriffs deputies.

The subject was arrested for assault and resisting arrest. Then
through investigation the subject was charged with grand larceny
and numerous vehicle and traffic laws due to stealing a vehicle and
crashing it just prior to the assault on the woman. Also, the
subject has a pending arrest for burglary.

Snowmobiling while intoxicated arrest

(Wayne County)

On Jan. 24 at about 2:45 p.m., ECO William Powell III responded to
a snowmobile complaint in the Town of Macedon, Wayne County. It was
reported that there was an intoxicated subject attempting to place
fuel in a snowmobile at the Exxon Mobil Gas Station on State Route
31. Powell arrived on scene and located the subject as he was
preparing to leave. During a brief interview, Powell was able to
detect a strong odor of alcoholic beverage and note the subject’s
slurred speech and impaired motor coordination. The subject was
placed through standardized field sobriety tests, which he failed.
He was then placed under arrest for snowmobiling while intoxicated,
failure to provide proof of insurance, and failure to display valid
registration stickers. A breath test administered at the Town of
Macedon Police Department showed that the defendant was operating
with a blood alcohol level of .18 percent, more than twice the
legal limit. The defendant’s snowmobile was towed from the scene
and he was released to a third party to appear in Town of Macedon
Court at a later date.

Southern District Highlights

Bottle bill

(Queens County)

On Jan. 14, ECOs Shea Mathis and Christopher Lattimer were
conducting fish market inspections in Flushing. After inspecting
the fresh fish section without finding any violations, the ECOs
made their way back through the market. While passing through the
soda aisle, they noticed several types of soda they had never seen
before. Upon further investigation, the ECOs found over 250
containers which were not marked with the New York State deposit.
After seizing the evidence and issuing summonses to the company,
the officers headed to the two other locations for that company in
the Flushing area before the stores could hide their evidence. The
ECOs arrived at the second location just as market employees were
frantically emptying their soda aisle. The ECOs issued citations to
the two other locations for selling non-deposit soda in the state
of New York. In all, over 500 containers of non-deposit soda were
seized and multiple citations were issued to each market.

Categories: Cuffs & Collars

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