Blarney No Blowover

Blarney Blowout, March 8 "in the area of 374 N. Pleasant Street"

At almost the three month mark from that day of infamy, the court system is still dealing out justice to those (58) "college aged youth" arrested during the Blarney Blowout.

Dana Mahar standing before Judge Payne

On Monday in Eastern Hampshire District Court before Judge John Payne, Dana Mahar, age 22, accepted what now seems to be the standard plea deal:  Case continued without a finding for six months (probation) plus $200 restitution to Amherst Police Department, 20 hours of community service  and a letter of apology.

 Page 2 continues: " ... from the other individuals in the area.  Additionally, during the struggle, the strap on my pepper ball gun broke and caused the gun to fall.  This rendered it temporarily out of service."

Meanwhile, I'm told the (Ed) Davis Report with recommendations on how to avoid another Blarney Blowout should be completed within the next three weeks "or so".

Hey, for $160,000 I guess it's better they spend a little extra time to get it right. 

If You Build It

 130 Fearing Street building lot (290 Lincoln Ave house in background)

Some good news for year-round residents of Fearing Street and Lincoln Avenue living in the shadow of UMass: The lot sold by real estate speculator You-Pan Tzeng, after tearing down a "historic" barn, is going to become an owner occupied house. 

So I hope they get a warm welcome to the neighborhood that aggressively laments absentee owner student rentals. 

The new owners spent $140,000 to buy the lot and according to their approved building permit will spend an additional $250,000 on constructing a two-story, four-bedroom colonial.

With that kind of investment you probably are not going to rent it to four students. Besides, you would have to charge way more than going rate (which is already too high) in order to cover overhead -- including Amherst's high as a satellite property tax rate.

Mr. Tzeng is still trying to sell the house at 290 Lincoln Avenue from which the lot on Fearing Street was spun off.

Although he has dropped his price somewhat ($15,000), chances are anyone paying $425,000 for that grand old abode is not going to rent it out -- especially since the house is a "one family" and could be occupied by only four unrelated housemates.

Blarney Blowout: A Defining Event

March 8, 2014 a date which will live in ... memory

If you asked the average citizen in Amherst (or nationwide for that matter) how this past spring party season compared to previous years in our little "college town," safe bet most people would respond that this one was the worst.

Of course that attitude would be indelibly due to the March 8 Blarney Blowout, where thousands of students went on a rampage resulting in 58 arrests, thousand of tax dollars spent on first responder overtime and vandalism repairs, and a $160,000 study commissioned by UMass Amherst.

My gut feeling -- as someone with his boots firmly on the ground these past few years -- is  this past spring was, overall, a lot quieter than last year.  Turns out I was correct.

According to APD Captain Jennifer Gundersen noise related calls for service decreased almost 30% this year versus last year, and arrests and/or $300 tickets issued for noise were down a whopping 40%.

Yes "nuisance house" arrests and/or tickets were about the same -- but that only reinforces the notion that it's a hard core tiny minority of students who cause the major problems and give all students a bad name. 

Meanwhile, in Eastern Hampshire District Court on Wednesday the Blarney Blowout arrests continue to meander their way through the system:

 Richard Leahy, age 20

Edward Estey and Richard Leahy both took plea deals offered by the prosecution.  Six months probation, $200 "restitution fee" to the Amherst Police Department (although the money will go into the town's General Fund) and a letter of apology to APD of no less than 150 words.

The public defender tried to talk Judge Mary Hurley out of the six months probation for Richard Leahy because he lives in New Jersey.

The Judge shook her head side-to-side saying rather sternly, "I saw video of the Blarney Blowout.  These kids puts their lives, the lives of police officers and others in jeopardy disrupting the community.  I think six months probation is more than a fair disposition."

The lawyer quickly agreed. 

 Edward Estey, age 23

"Deep Alcohol Stupor"

Zach Zeigler stands before Judge John Payne

Other than the Blarney Blowout, Amherst arraignments heard on Monday morning at the Eastern Hampshire District Court (covering weekend arrests) don't seem to generate much buzz as the bailiffs, prosecutors and clerks office personnel have pretty much seen it all.

Zachary Zeigler managed to make himself an outlier -- and that's a bad thing.  The almost unanimous comment I heard this morning in the courtroom while picking up my public documents request from yesterday was, "He's lucky he did not get shot!"  Indeed.

 

Click photo to enlarge/read

As the father of a seven-year-old who sleeps in a bunk bed I'm not sure how I would have reacted to finding Mr. Zeigler passed out in the lower bunk but I'm pretty sure Amherst police would have had to call in the Amherst Fire Department to transport him to the Cooley Dickinson Hospital. 

In Court yesterday Zeigler seemed to have no idea of the severity of the incident telling Judge Payne he wanted to settle the case immediately as he has a job in his hometown that starts on Friday.  The Judge barely glanced at the prosecutor's table while shaking his head side to side.

Zeigler then said he would hire an attorney.  The Judge continued his case until June 3rd and transferred probation oversight to a District Court near his hometown, but with a provision he is continuously, "tested for alcohol."

Judge Payne then glared at Zeigler and said in no uncertain terms, "If you come back before me having tested positive for alcohol, you will spend your summer in Hampshire County -- and it will not be a vacation!" 

Phillips Street Filibuster #Fail

11 Phillips Street, Amherst

By not showing up for his original "show cause hearing" before a Clerk Magistrate, Joshua Reiss, age 20, set himself up for a criminal proceeding in Eastern Hampshire District Court on Friday before a Judge for a possible felony conviction.  

He lost his case -- bringing a $1,000 fine for tampering with smoke detectors in his humble abode -- but the complaint was diverted to a civil offense, so he will not be stained for life with a felony conviction.

But considering the acts he was found guilty of, his lesson could have been a lot more costly ... like contributing to the death of a roommate.  Or the lesson you can't learn from, because you're dead.  

 APD report

AFD report

Smoke detector 11 Phillips Street: In the bag

Phillips Street has one of the largest concentrations of problem houses in the town (most of them owned by Stephan Gharabegian), but these days no neighborhoods are safe from "real estate investors" who buy up single family homes and pack them with student renters. 

 778 North Pleasant Street, Alpha Delta Phi Fraternity

Just up the road from Phillips Street, AFD Fire Prevention Officer Mike Roy recently fined the fraternity at 778 North Pleasant Street $500 for the second offense of tampering with smoke detectors. 

   UMass Frat fined safety violation

11 Phillips Street also had a second offense

Blarney Blowout Repercussions

 Blarney Blowout:  2 of 53 arrestees

The justice system is methodically sorting out the 53 arrestees at the infamous Blarney Blowout, with a major offender striking a deal  last week and another one making an appearance on Wednesday for a pre trial hearing that I'm told will be disposed of on June 9 with a plea deal.

Since the six charges include both Misdemeanors and Felonies it will be interesting to see what the Judge decides.  Hopefully the $160,000 study/report from former Boston Police Commissioner Ed Davis will be available by then as well.

At the very least I hope the consultants have requested copies of all 53 "Statement of Facts" from the APD arrests on that deleterious day.

Stephen Gage, 20, acted as a ringleader, firing up a huge throng of students to assault highly outnumbered Amherst and UMass police officers with "rocks, ice chunks, beer bottles and beer cans."

Also notice that indeed pepper spray was used on Mr. Gage, but only to subdue him as he struggled with officers while resisting arrest.

Yes, the problem with Blarney Blowout (or Hobart Hoedown) is you get a huge crowd of 1,000s of hyped up students -- most of them under the influence of alcohol -- and then it only takes a few "agitators" like Stephen Gage to create a major riot.

Of course when Mr. Gage appears before the Judge on June 9 he will be standing with only his (expensive) attorney.

   Blarney Blowout Stephen Gage

Unfair Fight

 APD at scene of assault North Pleasant and Fearing Street 1:25 AM

So I don't really care what the victim may have said, repeated blows to the face of a person on the ground by a trio of attackers is a tad much.

Amherst police responded in force to the intersection of North Pleasant and Fearing Streets early Sunday morning for an assault that caused "severe injuries." Causing bystanders, who called 911, to become "clearly disturbed."

Yes, a pool of blood with human flesh in it is pretty disturbing.  In Eastern Hampshire District Court on Monday morning all three assailants had their cases continued with Santo Frascolla and Joshua Lulu being released on their own recognizance, while Mark Rodrick posted a $500 cash bail.

 Click to enlarge/read

Since the altercation occurred at peak time for rowdiness, on a main highway for foot traffic between town center and UMass, and all the involved parties are "college aged youth", safe bet alcohol was involved. 

 

Mark Rodrick (rt) with court appointed attorney appears before Judge Payne 

APD on scene corner Fearing Street and North Pleasant for an assault.  AFD en route. pic.twitter.com/jurrDNQIKh
— Larry Kelley (@amherstac) April 13, 2014

Blarney Blowout: Standing Firm

Enku Gelaye, Chancellor Subbaswamy, VC John Kennedy

The day of the Blarney Blowout 4,000+ students took to the streets of Amherst with alcohol as motivation to do no good.  Enough of them indulged their demons to where the vastly outnumbered Amherst Police Department had no choice but to intervene.  And intervene they did.

On March 11, about 100 students held a protest march from the Student Union to Whitmore to underscore their demand that APD apologize for using sterner methods than saying "pretty please" to disperse the unruly crowds.

Today Enku Gelaye on her first day as permanent VC for Student Affairs, Chancellor Kumble Subbaswamy and VC for University Relations John Kennedy sat before a crowd of about 60 students for a "public accountability" forum.

 Thousands were invited, few showed up

One student noted the lack of turnout for the event and then proceeded to talk about a prior incident of police brutality when he was arrested for Driving Under the Influence.  Not a great way to gain sympathy.

Another student clearly and succinctly stated, "Students like to get drunk."  He too was not a paragon of potential solutions.  

The Amherst Police apology demand never even came up, and a good portion of the talk about rough police treatment centered on UMPD response during the Red Sox Riot last October and the failed attempt of having a University sanctioned event at Southwest that night.  Which of course went very well right up until the moment the game ended and then quickly degraded into a riot.

UMass Chancellor Subbaswamy did not back down, or even so much as blink, from his stern condemnation issued the day after the Blarney Blowout.  

The Chancellor reminded the group that UMPD is under his direct control but Amherst Police are not.  And they had to make instant decisions, on the ground, without the luxury of time to call him or his staff for consultation.

But he reaffirmed how Amherst town officials are in favor of the extensive study (led by Edward Davis) commissioned by the University which should be completed in two months.   With an action plan that both the University and the town are now sorely motivated to make happen. 

Before the next Blarney Blowout, or whatever new juvenile name they come up with.

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Yes, Your Honor

Full parking lot in Court this morning

This morning it was standing room only in Eastern Hampshire District Court #1 (criminal courtroom) with all the Blarney Blowout perps, their parents, and media -- print, television, and digital.

Judge Payne, who usually handles the Monday morning arraignments, was on vacation so Judge Robert Gordon was presiding. 

Like the Amherst Police Department at the peak of the Blarney Blowout storm, the court system was a tad overwhelmed processing the perps. Most of the college aged youth were dressed up business casual, but had a rather subdued look on their faces.

Or as my Irish mother used to say, "looked like a spanked ass."

The charges ranged from "open container/underaged drinking" to the more serious "assault and battery on a police officer" usually in conjunction with "failure to disperse, rioting" and "resisting arrest."

Since the latter charges carried the potential of one year in the House of Correction the Judge always asked if they were going to hire an attorney or did they wish the court to appoint them one.

Most of the more seriously charged individuals responded they would be hiring an attorney and the court set a pre-trial date for later next month.

The youths charged with minor offenses for the most part opted to settle the matter today by chatting with the District Attorney out in the hallway and will probably end up with a $100 fine and 4 months probation.

This process will continue tomorrow and a bailiff thought maybe even into Wednesday.  And of course many of those arrested will continue to clog up the court system into the next few months, with some of them facing the prospect of a permanent criminal record.

A day of debauchery, a lifetime of regret.

#####

Amherst Police issue another statement 

Note to media:  total APD arrests 55 and UMPD 3, for a total of 58

Boston Globe editorial:  End the Blarney Blowout  (wish it was that easy)

AFD also stressed by Blarney:  20 patients seen, 12 transported to hospital

   AFD Blarney Blowout

BS Blarney Blowout 2014: Postmortem

Uprooted stop sign from town center now at DPW building

 Chancellor Subbaswamy speaks out loud and clear

The numbers really do tell the embarrassingly sad story of the Blarney Blowout 2014:  58 total arrests (55 APD, 3 UMPD) with another 24 summons issued for alcohol related incidents.

AFD transported between 18 and 20 overzealous Blarney participants to the Cooley Dickinson Hospital thus tying up a vital ambulance (one per person) for at least an hour per incident.

Four officers received minor injuries during the turbulence even though many of them were wearing riot gear.

But the real damage is just now picking up steam:  National news (including Time Magazine) blaring headlines that reflect ever so poorly on our little college town and the "flagship of higher education" in the entire state of Massachusetts, where education was pretty much founded.

Did the police overreact?  Hell no.  Obviously they were outnumbered 100 to 1, so when those kind of lopsided odds start to turn bad -- throwing bottles and cans, setting off fireworks, uprooting stop sign's and gravestone's etc -- there's really no choice but to step in.

 Chief Livingstone (white cap) on scene N. Pleasant/Fearing streets moments before use of OC pepper guns

I asked Chief Livingstone to respond to the concern APD "overreacted" with their use of OC pepper ball guns, and received this response:

"Like all our less than lethal force options, we have protocol and policy on how they are dispersed.   Yesterday's events, after numerous dispersal order were given at a number of locations, justified their use.  As you know I was on scene at Puffton, Townhouse and Fearing and North Pleasant Streets.  Officers acted accordingly and per policy."

North Pleasant Street had to be shut down for 15-20 minutes

So where do we go from here?

Last year, prior to the Blarney Blowout riot of 2013 (where only 6 were arrested), Amherst Attorney Peter Vickery sent a letter to the Amherst Select Board reminding them as the town's liquor commissioners they could, as an public safety measure, shut down all alcohol sales within town borders on the day of the Blarney Blowout.

They ignored him.

It's time to take that sobering suggestion seriously.  The Select Board should put the measure on their next meeting agenda, where they will no doubt be discussing the public safety disaster that unfolded in our little town yesterday.

Voting to suspend all alcohol sales in town for next year's Blarney Blowout at their next meeting, would be ironic justice ... since that meeting occurs on March 17 -- St. Patrick's Day.

In their own words:  Amherst police report 

BS Blarney Blowout

A logo for trouble in the making

While Ancient Order of Hibernians, the largest fraternal order of Irish in America, calls for a boycott of retail giant Spenser Gifts over insensitive stereotypical merchandise the local Party Boys have come up with a t-shirt to immortalize the ignoble all-day debauchery known as "The Blarney Blowout 2014".  

The drinking marathon commences apparently at whatever time college age youth roll out of bed these days, and traditionally falls (if you can call four years a "tradition") on the Saturday before St. Patrick's Day, this year March 8.  

Because St. Patrick's Day always falls during Spring Break why waste an excuse to get drunk, rowdy and obnoxious in Amherst, your adopted hometown of four years (or five or six)?

Last year the "official" event in town center went well enough, only to successfully lull town officials and local media into a false sense of security.

Daily Hampshire Gazette Break Page 3/11/13

It was then the north end of town exploded in violence. Thousands of students, fueled by alcohol, took to the quad area around Townhouse Apartments, set fires, threw bottles and vandalized property.

State Police, APD and UMPD had to break out the riot gear to disperse the unruly crowd.

Amherst officials were unhappy to say the least (more like "pissed off") with UMass officials for not putting out advance communications with students and parents about maintaining decorum.  UMass officials responded they didn't want to give the "event" any advance free PR with the email blast notifications.

The fiasco and resulting friction between the two superpowers did directly lead to formation of the Town Gown Steering Committee, "to jointly develop a plan to address shared areas of interest including housing and economic development issues." 

It took years for authorities to retire the "Hobart Hoedown."  Now it's time once-and-for-all to shut off "The Blarney Blowout."

Call in the Marines!

Gazette eventually figured it out:   front page (above the fold) 3/12/13

"Umass Amherst black out or transfer " #SMACK
— Smack College (@SMACKCOLLEGE) February 23, 2014

The Glass Is Half ... Full

 

Pat Kamins landlord, Rob Morra Building Commissioner

While half the 1,570 rental properties that need to register with the town and acquire a permit have done so since the new bylaw went into effect Janurary 1st, that still leaves about 785 who have not complied.

According to Amherst Building Commissioner Rob Morra:

 "All property owners who have not submitted permit applications will receive a letter from me with a deadline of March 31st to respond.  The letter is intended to be the final reminder however will clearly state that without a permit from this office he property is not in compliance with the Bylaw.  I will initiate standard enforcement procedures for all properties in violation after March 31st which will include fines, noncriminal disposition, court action, etc. as needed to gain full compliance with our program."

In order to oversee this critical new program Morra has hired two additional employees: Jennifer Gannett, Management Assistant (started early January) and a new inspector, Terry Avery who will start February 18th.

The two positions cost $88,689 (not including benefits) but will be easily covered by the $157,000 generated in $100 annual permits for the 1,570 rental properties.

Rental Permit Bylaw: Halfway Home

Building Commissioner Rob Morra reported to the Amherst Select Board this evening that the town's new Rental Registration process is going well, with 741 applications received out of a total of 1,570 (47%) properties that need to register.

The new law went into effect January 1st and requires all landlords to pay $100 annual fee for a permit.  The process includes submitting a parking plan and completing a self certification checklist acknowledging basic zoning and health & safety concerns. But the process can all be easily accomplished on the town website. 

Also neighbors or concerned citizens can file complaints about rental properties with the town or find the name and contact information for a rental property owner to take it up with them first.  

A map with color coded pins (red for "open" and green for "closed") shows all the complaints received dating back to April, even before the law went into effect.

Unfortunately the Code Violations and Complaints Map does not currently show properties cited by the Amherst Police Department for noise or nuisance complaints, a glaring oversight.

Commissioner Morra did say he would be working with Police Chief Livingstone in the near future to make that valuable data available on the website.

Higher Ed & Alcohol Info Graphic

 
AFD loading intoxicated student at the Umass Visitors Center early November

For my regular readers this is a kind of a "Well, duh" dog-bites-man story, but the charts graphically illustrate the sad, dangerous trend of alcohol abuse at our institutes of higher education -- the town's number one industry.

 Overall substance abuse calls:

Overall substance abuse calls make up 10% of AFD medical emergency responses

However, looking at the College and University of Massachusetts at Amherst our flagship of higher education and number one employer in town:

 Over one quarter of all emergency responses to UMass are for drugs/alcohol abuse

 

Amherst College kids are no better behaved when it comes to drugs/alcohol

Hampshire College comes in last for alcohol/drug abuse

Even worse, the numbers clearly indicate the problem is getting worse. 

Comparison of last two fall semesters (Tom Valle graph)

What say you UMass, Hampshire College and Amherst College?

Party House from the Past

621 East Pleasant Street, formerly known as Babetown, early November

Just to show our Building Department means business when issuing tickets for zoning violations, aka slovenly behavior, I give you this morning's proceeding in Eastern Hampshire District Court where Building Commissioner Rob Morra put in an appearance to follow up on tickets written to 621 East Pleasant Street for, among other things, cars parked on the lawn rather than in the driveway.

My more ardent readers -- who especially like to read the comments -- will remember 621 East Pleasant was the household that was going to file suit against me for shining a light on their not so neighborly behavior.

The owner of the house, Robert Bonsall, failed to appear this morning in Civil Court; and if he does not appear in Criminal Court on 12/20 to answer the charge he will be arrested.  Merry Christmas. 

Frisky Friday

 

APD on scene 66 Pine Street 12:55 AM

Well okay, technically early Saturday morning.  The late night  "Bewitching Hours" between 10:00 PM and 2:00 AM when the Zombie herds start to stagger in a synchronous swarm:

Police and medical personnel responded quickly to 66 Pine Street, North Amherst around 12:35 AM for reports of a "stabbing to the neck."  Although upon police arrival the victim claims to have suffered the injuries in a fall.

A police officer rode in the ambulance with the victim to Cooley Dickinson Hospital and patrol officers on the scene (five cruisers at one point) called for a memory card for the camera and a detective.  Police also escorted two witnesses back to APD headquarters to give statements. 

Upon arrival at CDH the severity of his injuries were such that he was quickly shipped off to Baystate Medical Trauma Center in Springfield.  One of my sources used the term "multiple stab wounds," adding "He's lucky to be alive."

66 Pine Street, North Amherst

This morning neighbors report the house was blocked off by yellow crime scene tape as State Crime Lab investigators were on the scene. 

While police were still investigating what happened at 66 Pine Street a report came in at 12:55 AM (from private security on site)  for a fight involving up to 10 college aged youth at Townhouse Apartments a few hundred yards down the road.  UMPD was called in to respond.

And at 1:35 AM Engine 4 (Call Force) and Engine 3 responded to Brandywine Apartments in North Amherst for a drunk 23-year-old male who had punched a wall injuring his hand, and was then talking about suicide.

Since all of our ambulances were tied up, Northampton Fire Department had to respond.

@amherstac wow, what is in the water in North Amherst tonight? Or—maybe it is alcohol rather than water at work
— CitizenWald (@CitizenWald) November 16, 2013

And then, about an hour ago, this news of the weird:

AFD  en route Hamlin Dorm UMass for male student who thinks he awoke to a broken leg.  Reports drinking heavily last night.  Umm, yeah.
— Larry Kelley (@amherstac) November 16, 2013

MassLive catches up with story

Halloween Histrionics

Cooley Dickinson Hospital 1:15 AM. All five ambulances (2 from Hamp)  for Amherst patients

The scourge of rowdy student behavior seems to be turning inwardly as once again the medical side of pubic safety response bore the brunt of collage aged youth acting to excess.  In this case, drinking.

Although busy, mostly with crowd control on streets near UMass, Amherst Police Department only made three arrests last night, all for "minors in possession of alcohol."

Amherst Fire Department, on the other hand, was once again OVERWHELMED with ETOH (passed out drunk) young "adults".  In fact during those awful Bewitching Hours (midnight to 2:00 AM) all five Amherst ambulances were tied up (mostly with drunks) and Northampton had to provide two ambulances via mutual aid -- both of them for drunk college aged youth.

Last night into early this morning a total of ten college aged youth required transport for being dangerously intoxicated -- nine of them from UMass and one from Amherst College.

 AFD fire engines had to be pressed into medical service, this one at UMass for ETOH male

The excuse of course will be a tired one:   Amherst is a "college town" and all of this is simply a time honored "Rite of Passage."  Especially during a pagan ritual like Halloween.

But you don't check manners at the door like an oversized backpack.  Your right to be an uncivilized heathen slob ends when that bad behavior endangers innocent members of the general public, which includes families and senior citizens.

And yes, MY two children.

 

Ambulance again required at 45 Phillips Street for female who fell down stairs

The Mass Daily Collegian reports

UMass Riot Aftermath

Umass Southwest concourse just after midnight

UPDATE 9:30 PM

So not only did we garner the awful headline in Boston Magazine highlighting our town having more arrests than Boston, now UMass has been awarded the #1 ranking by Barstool Sports, the King of Juvenile, for 2013 "World Series College Riots". 

#####

In Eastern Hampshire District Court this morning 15 UMass students had "not guilty" pleas entered in their behalf by Judge John M. Payne Jr. who asked each individual perp if they planned to hire an attorney.

Most did not know, saying they would have to "ask their parents."  The Judge then strongly hinted they should consult an attorney before they come back to court later in January (and I don't think it's because the Judge is concerned about the defense attorney business).

Yes, once again a tiny minority of of troublemakers brings disrepute on the vast majority of hard working, law abiding students you wouldn't mind having your own kids befriend.  Hard to believe little old Amherst had more arrests than in Boston. 

AFD extinguished a dumpster fire at Hobart Lane 12:30 AM

Charged by UMPD with "Failure to Disperse",  "Rioting" with a mixture of "Resisting Arrest", 'Disorderly Conduct " or Assault & Battery on an officer" thrown it:

Zachary Orcott, Molly Fitzgerald, John Milligan, Patrick Rogers, Miranda Murphy, Carolyn Malone, Travis Connolly, Nicholas Barry, Lawrence Green, Alexander Booth, Casey Adams, Michael Bertrand, Evan Jacob, Jonathan Ennis, and Justin Markuson.

Nice doggy!

Note full containers of water being hurled about