Published: May 07, 2008 09:18 pm            

NIAGARA FALLS: Teen charged in police melee

Officer suffered broken elbow trying to handcuff shoplifter

Falls police have charged a city teen for an attack on an officer following a shoplifting incident Sunday morning.

The 14-year-old is not being identified, but will face charges of second-degree assault on a police officer, resisting arrest and petit larceny. The assault charge is a felony, but because of the teen’s age, his case will be handled in Niagara County Family Court.

The teen’s mother spoke to Channel 7 Wednesday, claiming police used excessive force, including Tasers, in taking the youth into custody.

Police say Officers Jack Miljour and Steve Gizzarelli responded to a shoplifting call at a Wilson Farms store on Hyde Park Boulevard just after 10 a.m. Sunday. They were told three juvenile suspects had taken items from the store.

“Miljour was able to locate the suspects and bring them back to the store,” Superintendent John Chella said. “One was (identified) by the manager, but then (the manager) decided he didn’t want to press charges.”

Chella said Miljour and Gizzarelli were gathering information on the juveniles, including their names, ages and home addresses, when the 14-year-old became uncooperative.

“The officers told (the juvenile) if he didn’t cooperate he would be arrested,” Chella said, “and then when they went to handcuff him, he began to fight with (Miljour).”

The police chief said officers Tased the teenager to finally get him into custody. However, Miljour suffered a significant injury in the melee.

“Jack was treated for cuts, scrapes, bruises and (what was described as) either a broken or cracked elbow,” Chella said. “The 14-year-old was taller and weighed more than the police officer (he was fighting with).”

A passerby apparently videotaped the incident and provided the tape to a Buffalo television station. Chella had not seen the tape, but said based on an investigation by Juvenile Squad detectives he was satisfied with the conduct of the officers involved in the incident.

“At this point, I don’t have anything to change my view on this,” the chief said. “Based on our investigation, we charged the juvenile.”

        

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