Sunday, September 28, 2014

Another Crazy Weekend For 1st Responders

McGuirk Stadium attracted upwards of 20,000

Yes with Umass annual Homecoming turbo charged by the return of football to a sold out McGuirk Stadium, the ever popular Apple Harvest Festival in town center, alongside the usual well attended Farmers Market, our little college town was pretty much bursting at the seams Saturday.

The Homecoming Parade started at the Haigis Mall at 11:00 AM and wound its way through most of the town center, although they took a right on Amity Street instead of finishing further south on the town common as they did last year.

AFD Engine 3 and Chief Nelson (black SUV) try to maneuver through parade

Only minutes after the parade hit the downtown a smoke alarm for a minor fire on the 10th floor of the UMass Campus Center brought a screaming response from Engine 3 at Central Station.

At first the lights flashing and horn bellowing seemed to be just part of the festivities, but when Chief Nelson in his black SUV maneuvered around the engine you could tell it was the real thing.

One of numerous calls AFD responded to at McGuirk Stadium

Crowd problems would roil AFD for the rest of the day, both at sold out McGuirk Stadium and again around midnight back at the UMass Student Union for a fire (false) alarm.

The morning started off badly for always beleaguered Amherst Police as they responded to a call from a woman at the North Amherst Mill River Recreation area reporting a Hispanic male "exposing his genitals".



The officer caught up with him but the (alleged) pervert put up a fight while making his escape.  The officer suffered a broken hand from the impact of a champagne bottle the perp was drinking from (at 9:30 AM!).

Later officers spotted the aggressor in town center and once again he put up a fight, breaking the hand of yet another officer with a kick, which will no doubt bring the charge of "assault with a dangerous weapon, a shod foot" in addition to A & B on a police officer.  

Two weeks ago another two Amherst police officers suffered debilitating injuries dealing with uncooperative assailants.  Thus a department stretched to the breaking point for lack of staffing, is now stretched even further.



Amherst Police would be kept busy for the rest of the night responding to noise complaints all over town as the summer like weather brought out foot traffic in droves. 

AFD had to respond numerous times to McGurik Stadium for a variety of emergencies above and beyond the expected overly intoxicated calls, although one ETOH case, where the young man was passed out in his locked car on such a hot day could have been a disaster.

 AFD on scene between Campus Center and Student Union near midnight for ETOH female

A more troubling incident occurred at the Student Union just after midnight after an ambulance was called for an intoxicated college aged female.  Almost simultaneously an alarm was pulled at the Student Union which was hosting a popular event that had attracted many hundreds of students.

 AFD Engines 2 & 3 at UMass Student Union around midnight last night

The evacuation sounded disorderly at best, and I detected some hesitation on the part of UMass officials to alert AFD as our fire engines had already responded in force 12 hours earlier to a fire at the adjacent Campus Center.   Plus we had an ambulance on scene just then for a drunk student.

Even more chilling,  however, it sounded like some exit doors had been locked preventing the easy flow of patrons out of the building.  Many of those that did evacuate congregated in front of the Student Union making it hard for the two fire engines to maneuver into place.

Within an hour the usual chilling scenario manifested itself as AFD had to rely on Northampton FD to come transport a drunk Amherst College student to the hospital as all five of our ambulances were busy.




Again the nightmare inducing scenario is for fire to chose that most inopportune moment to go on a feeding frenzy in, say, deep South Amherst.

Although fire is always nothing if not inopportune.

Saturday, September 27, 2014

Obscuring Domestic Violence



Apparently NFL players who abuse their wives or girlfriends should move to Massachusetts if they want a better chance keeping their horrific behavior secret.

On August 30 a young lady was assaulted after midnight Saturday on Hobart Lane, located just off the UMass campus, a street predominantly populated by UMass students. 

She walked into the UMass Police Station with her brother to report the incident and they contacted Amherst Police who have jurisdiction.

No arrest was made, and that's pretty much the end of the story.

Two weeks ago, however, APD did arrest two individuals for domestic violence, and one of them even assaulted a police officer causing physical injury.  But apparently our taxpayer funded police can't ever release their names.

Every reputable journalist I know (and I know a lot) routinely redacts victims names, or even details that could lead to exposing their identity.

By making it harder to expose the (alleged) perpetrators of these despicable acts, we only encourage their continuation.


Click to enlarge/read

Friday, September 26, 2014

Shining A Light

Amherst Regional School Committee "retreat" 8/14/14

So yes, I probably should have been a jerk and required the Amherst Pelham Regional School Committee to hold a special meeting just for me -- after all, fulfilling your duties to the Open Meeting Law is important no matter how trivial the detail.

Perhaps why a legal friend of mine describes me as a "strict constructionist" (well, at least most of the time).  It would also have drawn more attention to the issue so that maybe even my friends in the diffident mainstream media would cover it.


The Regional School Committee went into Executive Session at their 8/26 meeting to rubber stamp generous raises for School Superintendent Maria Geryk and her new Assistant Superintendent Mike Morris.

It will be interesting to see the "discussion" minutes.  I honestly wonder if any of them considered the not overly melodious message these generous raises send to the rank and file, who grudgingly get sometimes less than the rate of inflation.

Wednesday, September 24, 2014

The Alcohol Made Me Do It

Joshua Kahikina (right) Attorney Habhab (left) stand before Judge Shea

Opening his defense with "Everyone reacts differently to alcohol," the public defender told Judge Shea about an experience in college (which must have been when LBJ was President) where he offered to buy his date a drink and she responded, "You wouldn't like me when I drink."

He transitioned to his client Joshua Kahikina, age 22, standing on his right, describing him as "Hawaiian and Native American," and that he "should not be consuming alcohol at all."

Mr. Kahikina was arrested by Amherst police in the early morning hours the first weekend of March for destruction of property (vandalism to car), assault on the driver who required transport to Cooley Dickinson Hospital for a gash in his head, and when police tried to bring Kahikina under control he punched an officer in the mouth with his left hand.



Attorney Habhab told the Judge his client was "working on holistic medicine on his own" and as long as he stayed away from alcohol he's fine.  The public defender proposed his client pay restitution to ($1,400) the victim, who was in the courtroom, in exchange for a continuation without a finding for one year on all four charges.

Assistant District Attorney Russo was adamant about a "guilty" finding on the first two assault counts, describing them as "very serious".  The Judge agreed.  The public defender whispered to his client and they quickly caved. 

Judge Shea found Joshua Kahikina "guilty" on the first two charges and continued the other two for one year without a finding.  He will pay $1,400 in restitution to the victim, $50 Witness Protection fee to the courts, and be on probation for one year with unscheduled alcohol testing.

And hopefully he will never again get physical with a cop, or anyone else.

On The Ground Again

Robert Auffinger taken into protective custody by APD Wednesday 5:30 PM

On Monday morning in Eastern Hampshire District Court Robert Auffinger, age 35, told Judge John Payne that the half full glass jar he was carrying on Main Street near the VFW contained only "fruit juice".



The Judge rolled his eyes saying he had a hard time believing that, and even the Assistant District Attorney had trouble keeping a straight face.

But Auffinger insisted, saying he would be "crazy to walk around Amherst with alcohol."

The Judge reduced his fine from $300 to $100 and allowed him to do "community service" instead of cash.

Of course, considering how often he ties up our first responders he would do Amherst an even greater community service: by leaving.

 AFD had to check him out before he was taken into protective custody

DUI Dishonor Roll

Katherine Gilligan, age 19, stands before Judge John Payne; her case was continued to next month



Amherst police also arrested South Amherst resident Savana J. Paciulli, age 21, over the weekend for driving under the influence of narcotics (heroin). She was turned in by her mother who appeared in District Court on Monday morning, and had a side bar with Judge Payne.

After her daughter did not appear by the "second call," Judge Payne had a warrant issued for her arrest.

Click photo to enlarge/read 

More Blarney

Cian Davoren, age 22

This morning in Eastern Hampshire District Court before Judge Shea, one of the last remaining Blarney Blowout cases (out of 58 arrests) ended in a last minute plea deal just before the Judge was to call in a jury. 

Cian Davoren, age 22, had been arrested March 8 around 1:30 PM (close to peak time for the mayhem).  According to ADA Matt Russo he was one of between 4,000 and 5,000 college aged youth acting out of hand, and refusing to comply with police orders to disperse.

Although in Mr. Davoren's case he approached officers and was giving them grief over his sister getting a dose of pepper spray. 

Apparently chivalry is not dead among UMass students. 

But when you push your case before heavily outnumbered police officers and repeatedly ignore their request to back off, you get arrested -- chivalry or not.

The two charges (rioting and failure to disperse) were merged into one count of "disorderly conduct" and Judge Shea imposed the usual sanctions:  Case continued without a finding for one year, four months probation, $200 "restitution" fine fee to Amherst Police Department, and a letter of apology to APD.

While I have no problem with the resolution of this particular case, coming on the heels of the $160,000 Davis Report, which focused blame on the wrong party, the timing certainly could have been better.