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Lockport Road resident reports intruders in barn before suspects flee

By Howard B. Owens

Three people were arrested on burglary charges early Friday morning after a Lockport Road, Oakfield, resident reported intruders in his barn, confronted them and then reported the individuals fleeing.

The suspects were taken into custody following a short high-speed chase.

Charged with burglary, 3rd, and unlawful possession of marijuana are Scott R. Miller, 20, Evan J. Shaffer, 20, and Hayden K. Ettinger, 19. Shaffer is also charged with unlawful fleeing a police officer in a motor vehicle, 3rd, and four traffic violations.

The possible barn break-in was reported at 2:32 a.m., Friday. The property owner went to his barn and reported finding three young men inside. They were allegedly in the process of removing electrical wire and copper tubing.

The caller reported two males fled and foot and he observed a red Pontiac Sunfire stop near his residence, do a U-turn and head off westbound on Lockport Road.

Deputy Joseph Corona located the suspect vehicle allegedly traveling at high speed on Lockport Road. He turned to pursue the vehicle, activating his emergency lights.

The Sunfire allegedly failed to stop and turned northbound on Fisher Road.

Eventually, the car did stop on Fisher Road and Corona found the three suspects in the vehicle.

Property found in the car is believed to come from a neighboring garage. The investigation is ongoing with additional charges possible.

Shaffer was bailed on $5,000 bail or $10,000 bond. Bail for Ettinger was set at $10,000 or $20,000 bond, and for Miller, $25,000 or $50,000.

Assisting in the case are Investigator Tim Weis, deputies Frank Bordonaro, Kevin McCarthy, Patrick Reeves and Chris Parker along with Juvenile Officer John Dehm and the State Police.

Raymond Richardson

These morons should consider themselves lucky the property owner didn't arm himself before going into the barn.

He would have had every right, and justification, to shoot first and ask questions later.

Oct 27, 2013, 8:35am Permalink
Kyle Couchman

I wish that were true Raymond, but NYS does NOT have the man's home is his castle law that some states do. According to the letter of the law if your home is broken into, you FIRST must use every possible avenue of escape first.

Now I am with you 100% but an argument I had with a lawyer when I lived in Syracuse proved me wrong. As a matter of fact 2 weeks after my discussion w my lawyer friend a guy near Shop City Plaza actually shot someone who woke him up breaking into his home. He went to trial for manslaughter for it, got found guilty but judge gave him time served and probation instead of jail.

Look it up, it'll make you sick, I know I was when I found out how little legal protection there is for this kind of thing in NYS

Oct 27, 2013, 12:19pm Permalink
John Simmons

I'd just shoot them & then call the cops & act stupid, say I was alerted by the gunshots & went out to look.. No one will be alive to say differently.. :) Screw NYState & their stupid laws that protect the criminal & not the honest citizens in/on their own home/property.. I ever catch anyone on my legally posted "No Trespassing" property they will be in the same place Jimmy Hoffa is..

Oct 29, 2013, 5:00am Permalink
Kampsey Lindke

John,

Well I believe that one should be able to defend himself, and his family, killing someone for trespassing is a little heavy handed. I hope the situation never arises for you, but if it does I hope cooler heads prevail as you and your family may suffer more in the aftermath.

New York state does not see this right to protect "property" as we do, please take the time to read and be informed of Article 35 of the NYS penal code. New York Penal - Article 35 - § 35.20 Justification; Use of Physical Force in Defense of Premises and in Defense of a Person in the Course of Burglary. it may just save you from a lot of aggravation.

That being said the "Residents" on Lockport road did the right thing, and in doing so were able to assist the LEOs in getting some clowns off the streets for now.

Oct 30, 2013, 11:14am Permalink

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