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BUFFALO, N.Y. (WIVB)- A 12-year-old boy is recovering after police say he was shot on Quincy Street near Broadway Avenue Friday afternoon.
The boy was shot by birdshot, the smallest size shot for a shotgun. He was rushed to ECMC and is expected to survive.
Police tell News 4 the child was injured while attempting to break in to a home in the area. The shooter, they say, is the homeowner.
Defense attorney Barry Covert tells News 4 from a legal standpoint, homeowners have certain protections if they use deadly force inside their home to protect it from intruders.
“The difference between inside and outside is that inside your home there is no duty to retreat. So if you are inside your home and you think that somebody is conducting a burglary, robbery, arson, or something like that, you can use physical force even up to deadly physical force to try to prevent the commission of those crimes within your home,” Covert says.
It’s unclear if the child was actually inside the home, or if the homeowner was inside when the shooting occurred. That, Covert says, will be key from a legal perspective.
Covert says this area of law relies heavily on perception, so it can be a gray area.
“The age of the perpetrator really wouldn’t matter. It depends on what a reasonable person would perceive….if hypothetically the individual who owned the home looked at this 12-year-old and saw that he was breaking into the house and he was unarmed, now you’ve got a question of whether it’s reasonable to think that something is going to occur there as opposed to the 12-year-old was just mistaken in what they’re doing.”
No charges have been filed.
News 4 will continue to update this story as new information become available.
…A Lakeshore Flood Watch has been issued for the Lake Ontario shoreline in Niagara and Orleans Counties from 5am Sunday through 1am Monday…
A multi-dimensional storm is on the way this weekend. Fairly quiet weather will last much of tonight, as high clouds drift in this evening. With the breeze shifting out of the south, temperatures will likely stay above freezing for most areas. The first round of rain will arrive very early Saturday morning, likely between 4-6am. We will see off and on rain for much of Saturday, and as cold front arrives later in the day, the rain will become frequent with heavy downpours and possibly some thunder. Once again expect a gusty wind to pick up, with the strongest gusts found Saturday night through Sunday. Rain showers become scattered overnight Saturday as colder air moves into the region, and some snow could mix in across the higher terrain by morning.
Colder air filtering into WNY will ignite localized lake effect snow bands especially across the ski country and possibly near Lake Ontario during Sunday. Snowfall may reach up to 6″ across some of the higher terrain of the WNY ski country Sunday-Sunday night. Elsewhere, scattered snow showers will result in lesser accumulations, dusting to an inch or two. A brisk wind will also accompany the chillier temperatures making it feel more like winter. With that wind, limited visibility is possible at times Sunday, but careful travel will be manageable. Leftover lake effect snow showers may make a quick pass through the metro while weakening Monday morning.
Breezy weather continues with some sunshine returning Monday and Tuesday. A weaker cold front arrives Tuesday night into early Wednesday spreading insignificant rain to snow showers for a time that should clear out by Thanksgiving Thursday.
FRIDAY NIGHT: Increasing Clouds Late, Showers Arrive Overnight, Turning Breezy, Wind: SSE 6-12 increasing to 10-20 mph Low: 32 valleys, 36 Buffalo, temperatures rising overnight.
SATURDAY: Cloudy, Windy, Occasional Rain, steadiest early and again toward dinnertime, Milder, High: 47 hills, 54 metro, Wind: SSW 10-20 gusts to 40 mph. Evening Rain becomes scattered overnight. some snow may mix in across the hills by morning, Low: 35.
SUNDAY: Colder, Bitter Wind, Scattered Snow Showers, localized heavier lake effect snow north and south of the metro, light-moderate accumulation in the higher terrain, High: 38, Low: 27.
MONDAY: Leftover Lake Effect Snow Showers may make a pass on the Buffalo metro in the morning before dissipating, Partly Sunny, Breezy, High: 40, Low: 34.
TUESDAY: Partly Sunny, Very Breezy, High: 51, Few showers arrive at night, Low: 33.
WEDNESDAY: Turning Colder, Mostly Cloudy, Snow Showers early, High: 37, Low: 27.
THANKSGIVING THURSDAY: Mostly Cloudy, High: 39, Low: 30.
FRIDAY: Mostly Cloudy, Chance of Rain Showers, High: 41, Low: 35.
BUFFALO, N.Y. (WIVB) — Buffalo Police and Hazmat crews rushed to Main Place Tower Friday afternoon after a suspicious package was found on the 25th floor.
News 4 discovered it was mailed to the law offices of Cellino and Barnes.
More than 50 employees work on the 25th floor which had to be quarantined.
Investigators say the powder found inside the envelope did not have a positive test and was deemed harmless.
Two people who touched the powder refused aid.
The substance has been turned over to the U.S. Postal inspectors.
BUFFALO, NY – (WIVB) Scott Schaeffer, 44, worked as a science teacher at St. Gregory the Great school in Williamsville for 6 years. The District Attorney says he sent hundreds of sexually explicit text messages and two selfies to a 12-year old girl, who was one of his students. The DA said “Thank God for the girl’s mother” who saw her daughter was getting texts late at night and she took away the phone and told police.
The former teacher apologized to the 12-year old girl in court today.
We weren’t allowed in the State Supreme courtroom but our photographer listened.
The DA also says the girl told the judge she felt bad she got him arrested.
The DA says he sees that all the time in cases like this and also domestic violence cases. But at a time when dozens of women are breaking their silence- accusing older men of sexual misconduct, the DA said in light of what we are seeing across the country this type of conduct can’t be tolerated.
“I’m thankful for the mother, I’m thankful the mother caught what was going on here, as a father of a 13-year old daughter myself, we as parents need to be aware of who is texting our children.”
District Attorney Flynn continued, “This young girl should not feel responsible at all. He is the sexual predator – you are the victim.”
Schaeffer’s lawyer says he doesn’t’ have to register as a sex offender because of state laws. The E-Felony he pleaded guilty to isn’t on the list that would put someone on the sex registry. Basically the state law hasn’t caught up with technology and the DA is urging lawmakers to update the law. So when people like Scott Shaeffer get out of prison people know his history. He will be in prison for 1 to 3 years.
ORCHARD PARK, N.Y. (WIVB) — Orchard Park Police and the Town Board are at odds about who will do active shooter training in the town.
This week alone the police department has been swamped with requests from businesses and churches.
“They’re concerned about what they’ve seen nationally and locally. They want to know what to do with an active shooter, some want evacuation plans, some want us to look at their security protocol,” said Chief Mark Pacholec, Orchard Park Police.
Chief Pacholec says the department only has two active shooter instructors and since they are both in high demand, so is overtime.
“We got a lot of overtime now, our police overtime budget is very strained with New Era field and the Bills games,” said Supervisor Patrick Keem, Town of Orchard Park.
Keem says he wants a private agency to do the training, but Pacholec says he prefers his department.
“We know our town, we know the businesses, we know what goes on,” said Pacholec.
“Is it going to be a private business or is it going to be police on overtime at taxpayer’s expense,” said Keem.
The town and the police are considering hosting one large training session at a venue to save money. Pacholec says he should know in the next week or so who’s doing the training and when and where it’s happening.
No matter which agency does the training, officials say it’s necessary.
“A lot of people think you know this is Orchard Park, this is Amherst, this is West Seneca, it can’t happen here. It can happen anywhere,” said Pacholec.
OLEAN, NY – (WIVB) The city of Olean may have a firebug on their hands.
Over the past two weeks there have been a number of suspicious fires including one at 114 East Oak Street that was determined to be an arson.
Other fires set on Fourth Street and Second Avenue are similar in nature and could be determined to be deliberately set.
Another fire on Wayne Street is also being investigated.
Graffiti left at the scene of one of the fires could be interpreted to be a threat of more fires to come.
The Olean Police Department is looking for information on any of the fires. Please contact the Police Department at 376-5672 or 367-5673. If you have a home security video please register it with the police department as well
BUFFALO, N.Y. – (WIVB) Four people have been charged with distributing cocaine out of a Lovejoy barbershop, across from a public school.
U.S. Attorney James P. Kennedy, Jr. announced today that Stevie Alejandro, 31; Cleophus Dentmond a/k/a Face, age 28; Gilbert Guzman, age 48; and Catherine Ramos, age 29, all of Buffalo, NY, were arrested and charged with conspiracy and intent to distribute a controlled substance.
The charges carry a maximum sentence of 20 years in prison and a fine of $1,000,000, or both.
Police received a number of complaints about drug activity at the Barberians Barber Shop on East Lovejoy Street. The shop is directly across from Buffalo Public School No. 43, the Lovejoy Discovery School.
CHEEKTOWAGA, N.Y. (WIVB) — “We didn’t know if there was more than one shooter, we had witnesses tell us there was more than one shooter. The victim and the suspect both had lime green shirts on so it was kind of crazy,” said Cheektowaga Police Lieutenant Anthony Filipski.
Cheektowaga Police Lieutenant Anthony Filipski and Officer Dominic Schwartz were at the end of their shifts when they got the call Tuesday afternoon, and jumped into action in a matter of seconds.
“Told him to stop get down on the ground, he refused. Kept repeating the commands as I was chasing after him he refused,” said Cheektowaga Police officer Dominic Schwartz.
Officers say it was chaotic, but all of their active shooter training kicked in.
“You make the determination in a split second how to stop it, and I thought at that time the best way was to tackle him over the guard rail,” said Filipski.
They say they’ve never really dealt with an active shooter situation like this in Cheektowaga before, but it didn’t take long to take Travis Green into custody thanks to the help of brave citizens.
“The police can’t operate without the citizens help. Those guys from Darryl’s are the true heroes,” said Filipski.
“To know that you had an active shooter situation and someone did suffer a minor injury but knock on wood he’s going to live and be okay, you know that’s why we take this job,” said Schwartz.