A Lake Placid attorney has filed a lawsuit against the Town of Newcomb and the Newcomb Fire Department claiming they illegally sold alcohol at last year’s town Steak Roast to a man who later drove drunk and caused an accident that injured two people.

Matthew Norfolk filed the suit on behalf of Mary Lou Chellis and her granddaughter Chelsea Nadeau, seeking unnamed monetary and punitive damages.

The two Long Lake residents were seriously injured on July 29, 2006 when a truck driven by 42 year-old Thomas Sweet of Lake George failed to stop at the intersection of State Routes 28N and 30 in Long Lake and crashed into their car.

Sweet was convicted in May of misdemeanor driving while intoxicated and felony vehicular assault.  He was sentenced to five years probation, drug treatment and more than $700 in fines and surcharges.

Norfolk’s lawsuit names Sweet as a defendant.  But the attorney also argues the town and the fire department share some of the blame for allegedly selling alcohol to Sweet at the Steak Roast when he was already visibly intoxicated.   (news3) “The crux of our allegation against the town and its volunteer fire department is you had a duty not to serve or continue serving Mr. Sweet at the Steak Roast when you should have known by observations that he was extremely intoxicated,” he said.

Norfolk said their basing their case on statements Sweet made at his sentencing and their own investigation.

The case surrounds the interpretation of the state’s so-called “Dram Shop” laws, where a party injured by an intoxicated person can sue establishments that allegedly contributed to that person’s intoxication.

Norfolk said he’s had no experience litigating such cases. “It’s a rarity,” he said.  “But we’ve done a very thorough investigation.”

Town of Newcomb Supervisor George Canon, however, called the lawsuit a stretch.  “I think it’s someone looking for the biggest bucks they can find,” he said.

“The Steak Roast closed down around 6 o’clock and the accident took place somewhere around 10 p.m.  For somebody to make an assertion or accusation about an incident that took place four hours after closing time is a real stretch.  Certainly the town or the fire company played no part in Mr. Sweet’s issues.”

Canon said he didn’t remember seeing Thomas Sweet at the event.

The accident left Mary Lou Chellis with a cracked sternum, bruised heart and dislocated hip.  Norfolk said she was in the intensive care unit for several days after the accident and continues to deal with the effects of her injuries.  Chelsea Nadeau is suffering from extreme headaches and whiplash.

Before filing the lawsuit, Norfolk says they gave serious thought to going against the town and the fire department.  “The fire department is a great entity that provides great service to the communities,” he said.  “However, what if we don’t take action on this and it happens again next year and someone were to be killed.”

The case may have already had some repercussions.  Canon said alcohol was not sold at this year’s Newcomb Steak Roast, which took place last weekend at the town-owned beach. “The decision to not sell, was it directly related to that particular incident – I would say probably not,” he said.  “Is the potential there for something to happen down the road?  The decision was made that the benefit is not worth the risk.”

The parties named in the lawsuit were served on May 21.  Norfolk said no court dates have been scheduled yet. 

-Chris Knight

OFFICIALS SAY MEETING WITH BIG SKY ‘POSITIVE’

Local officials met Tuesday in Saranac Lake with representatives of Big Sky airlines, the company trying to secure a federal subsidy to provide commercial air service at the Adirondack Regional Airport in Lake Clear.

Airport Manager Chris Kreig described the meeting with Big Sky President Fred DeLeeuw as “very positive.” “Mr. DeLeeuw is very much committed to working with the community,” he said.  “He’s very much interested in partnering with the community and hopefully giving the community what they need in terms of commercial service.”

Montana-based Big Sky has submitted proposals to the U.S. Department of Transportation to serve the Lake Clear airport, as well as the airports in Plattsburgh and Rutland, Vermont.  CommutAir officials announced recently they plan to terminate service at the two facilities.

Big Sky is seeking a $3.3 million Essential Air Service subsidy to serve Saranac Lake, Plattsburgh and Rutland, and has also submitted a separate proposal for $2.4 million to serve only Saranac Lake and Plattsburgh.

Each proposal allows for 18 weekly flights from Saranac Lake and Plattsburgh to Boston as a Delta connection. The planned fares on the 19-seat planes would be $129 one-way, with an introductory rate of $109 for the first three months of service.

Under previous commercial carriers, some local residents have cited the price of a ticket and the flight schedule as reasons why they haven’t used the Lake Clear airport.

During an appearance on Tuesday’s K and J Show on WNBZ, Kreig said those two concerns will be part of ongoing discussions with Big Sky. “It will be a discussion topic; It’s already been a discussion topic,” he said.  “[DeLeeuw] is coming in facing a public opinion battle.  It’s a battle of perceptions because the obvious perception is we have an airline that’s not affordable for the average person and not convenient.”

The Essential Air Service Program was created in the 1970s to ensure small, rural communities have affordable and convenient air service.

It may be Fall before the bid process is complete and a new service is up and running in Lake Clear.

So far no other companies have bid for the subsidy to fly out of Lake Clear and Plattsburgh, though another airline is competing with Big Sky to serve Rutland.  Big Sky already provides service in Watertown, Ogdensburg and Massena.

DeLeeuw also planned to travel to Plattsburgh on Tuesday to meet with officials at the city’s new international airport.

-Chris Knight

DRUG SUSPECTS GET PRISON TERMS, JAIL TIME

Eight of the more than 35 defendants involved in a massive drug roundup conducted in early May were sentenced in Franklin County Court this week, many receiving stiff prison and jail sentences.

The sweep targeted those involved in illegally selling prescription drugs throughout the county.

Although close to three-dozen suspects were arrested, Franklin County Chief Assistant District Attorney Jack Delehanty said they haven’t been able to completely disrupt the sale of the controlled substances. “When one big fish gets pulled, another fish takes its place,” he said. “It’s an ongoing, extremely frustrating illegal conspiracy that’s out there.”

Delehanty said District Attorney Derek Champagne and his office have stepped up efforts to apprehend criminals who illegally obtain prescription drugs, leading to numerous arrests.  “He’s made a coordinated effort to review records in the county to see what doses are being prescribed, by whom and to whom,” Delehanty said.  “Its something so obvious and stupid that people must know they’re going to be caught.”

Those appearing in court this week included 37 year-old Lisa Gordon of Malone who was sentenced to one and a half years in state prison as a second felony offender for fifth-degree criminal sale of a controlled substance.

42 year-old Thomas Nesbitt of Constable was sentenced as a second felony offender on two counts of second-degree criminal sale of marijuana.  He was given consecutive sentences of two and a half years in prison on each charge.

24 year-old Joshua L. Wolz of Malone was sentenced to two years in prison for fifth-degree criminal sale of a controlled substance.

27 year-old Seth Lodge of Schenectady was sentenced as a second felony offender to one and a half years in prison for fifth-degree criminal possession of a controlled substance.

33 year-old Stacey L. Ormsby of Malone will spend a year in the county jail after being convicted of fifth-degree criminal sale of a controlled substance.

17 year-old Zachary Hutchins of Malone was convicted of third-degree criminal sale of marijuana.  He’ll serve five years probation with the first 150 days in jail.

Many of the defendants received strict probation requirements and were ordered to pay fines and restitution to the county DA’s office.

Some avoided prison or jail time, including 58 year-old Ronald Slayton of Constable who was convicted of fourth-degree criminal sale of a controlled substance.  He was ordered to pay restitution, a $2500 fine and serve five years probation.

Another defendant, 42 year-old Edith McDonald of Malone will pay restitution, a $2500 fine and serve five years probation with the first six months under home monitoring.  She was convicted of fourth-degree criminal sale of a controlled substance.

Delehanty said the sentences “will make the county more safe for the five years that a couple of people have gone away.”

He thanked State Police Senior Investigator Charles Bishop and the narcotics unit at Troop B headquarters in Ray Brook.  “They’re tireless,” Delehanty said.  “They deserve a lot of credit.  They really do take their jobs very seriously.”

The prescription drug sweep also involved border patrol agents, the DEA and the Saranac Lake, Tupper Lake and Malone Police Departments.

-Mike Fritts

NORTH COUNTRY SOLDIERS HEADED TO AFGHANISTAN

Soldiers from the North Country will be among the more than 1,700 members of the New York Army National Guard to be sent to Afghanistan by early next year to help train the Afghan army and police.

The initial security units have already been mobilized by the Department of Defense to begin moving in September, with the bulk of the force planning for deployment over the next six months.

The security force will include soldiers from the Plattsburgh-based Company B, 2nd Battalion 108th Infantry and the 2nd Squadron, 101st Cavalry in Western New York.

Syracuse-based headquarters elements of the 27th Brigade Combat Team will lead the units taking over Combined Joint Task Force Phoenix from a South Carolina National Guard brigade. 

The force will include a “training assistance group” drawn from the Guard’s 106th Regional Training Institute at Camp Smith in Westchester County, “mentoring teams” from combat and combat support units, and logistic and support personnel from the 427th Forward Support Battalion at various armories around the state.

The New York Army Guard currently has about 500 soldiers in Afghanistan: a military police company, medical company, a personnel service detachment and 16 members of an “embedded training team.”

-AP wire reports

STATE CLOSES ON EASEMENT DEAL IN ST. LAWRENCE COUNTY

The state has closed on a $6.6 million deal to acquire conservation easements on nearly 52,000 acres of forest lands in St. Lawrence County.

The deal covers land owned by Rayonier [ray-on-ear], LLC, in the towns of Colton, Clifton and Clare. The easement will open up access to the lands for snowmobiling, hiking, fishing, canoeing/kayaking and camping, including access to the North and Middle Branches of the Grasse River. A tentative deal had been announced in December.

“This agreement protects this property as open space, providing public recreation access for a range of activities,” said Department of Environmental Conservation Commissioner Pete Grannis. “At the same time, it allows the continued, sustainable use of the forest resources.”

The Trust for Public Land (TPL) helped to negotiate the easement, under which the company will continue to practice sustainable forestry and provide private recreational leases, but subdivision of the lands will be limited.

The public will gain access to more than 26 miles of the Middle and North Branches of the Grasse River corridor. The property will be accessible for hiking, fishing, canoeing/kayaking and camping.

The state has also acquired public fishing rights on nearly 16 miles of Grasse River tributaries, including Gulf Brook, Alder Brook, Bear Creek, Pleasant Lake and Stream and Stony Brook.

Further, the public will have access to several travel corridors on the property, and more than 90 miles of existing snowmobile trails will be permanently secured for public use.

DEC had met with town officials in St. Lawrence County since last spring and with local hunting club members for more than three years to discuss details ranging from improving public access and snowmobile opportunities, to minimizing potential public and private land conflicts and solving tax issues.

-Chris Knight

MALONE RESTAURANT HEAVILY DAMAGED IN FIRE

A popular Malone restaurant is considered a total loss after a Tuesday fire that threatened at least one other nearby building.

Malone firefighters were called to Hosler’s Family Restaurant on East Main Street at 2:04 p.m. Tuesday.  They were joined in mutual aid by several other departments including Constable, Bangor, Westville, Chateaugay and Burke.

Two hours after the blaze got its start it was under control, but not before the restaurant, located near the Franklin County fairgrounds, was heavily damaged.

Five firefighters had to be treated for heat exhaustion at Alice Hyde Medical Center.  They were released by late afternoon.

The Franklin County Cause and Origin Team continues to probe the blaze looking for an exact cause.  It’s believed the restaurant, owned by Mike and Lynn Hosler, was insured.

-Chris Knight

POLICE REPORT

Saranac Lake Police arrested an 18 year-old male youthful offender from Saranac Lake at 8:15 a.m. this morning and charged him with sexual misconduct. According to a police department spokesperson the subject is eligible for youth offender status and therefore his name is being withheld. The teenager allegedly had sexual intercourse with an intoxicated girl without her consent. The female victim is under 18-years of age and police say more charges are possible. The youthful offender was processed at the police station and released on an appearance ticket to return to village court at a later date.

Saranac Lake Police arrested 18 year-old Dustin J. McQuinn of Saranac Lake at 3:30 a.m. this morning and charged him with false personation. While investigating a call McQuinn allegedly gave patrol a false name. He was arraigned in village court and released to reappear at a later date.

Tupper Lake Village Police charged 18-year old Michael Beaudette of Tupper Lake with underage possession of alcohol at 12:57 a.m. today. He was ticketed after police responded to a complaint of young people hanging out near the train station. Beaudette is scheduled to appear in village court at a later date.

Tupper Lake Village Police charged 25-year old Paul K. Robert of Tupper Lake with violation of probation at 4:30 p.m. yesterday. Robert was processed, arraigned and released of his own recognizance to return to court at a later date.

State Police in Ray Brook charged 20-year old William H. Marmion of Saranac Lake with second-degree harassment Tuesday night. The charge stems from an alleged domestic dispute. Marmion was arraigned and released of his recognizance to return to Town of Harrietstown Court August 14.