Published: June 29, 2009 10:30 pm      

CITY COUNCIL: Family says officers out-of-control during melee

A man who was arrested following a melee on Whitney Avenue last week and two of his family members brought their concerns about police conduct to the Niagara Falls City Council on Monday.

Whitney Avenue resident Michael M. Hayes, who was arrested Wednesday on several charges after police were called to his neighborhood to disperse a group of young people, told council members he felt officers overstepped their bounds by using a Taser on him when he attempted to prevent them from doing the same to his 15-year-old cousin.

“I can’t forget about this incident,” Hayes said. “I never will forget about this incident.”

Hayes was arrested following a melee that ensued after police were called to the area of 17th Street and Whitney Avenue for a complaint of kids throwing water balloons. The 23-year-old Whitney Avenue resident later pleaded guilty in City Court to charges of inciting to riot, disorderly conduct, resisting arrest, second-degree obstructing governmental administration and unlawful possession of marijuana. The police report from the incident suggested Hayes stirred up a gathering crowd of people, telling them not to leave the area and calling on them to take pictures of the police in action. Reports also say Hayes began to fight with officers after he was told that he was under arrest. Police reports said people in the crowd threw rocks and bottles during the incident, causing one officer to be hit by a rock and one patrol car to be damaged by debris. A second individual, Andrea L. Burch, 39, of 1716 Elmwood Ave., was also arrested and charged following the incident.

On Monday, Hayes told the council the police overreacted to what he said was nothing more than a group of kids outside having a water balloon fight. Hayes said he felt as though the police violated his constitutional rights and hinted that he is considering legal action against the city. After the meeting, Hayes said his family filed a formal complaint with the department on the matter.

“There are a lot of witnesses around,” he told the council. “A lot of them will testify.”

Hayes’ version of events was backed by his grandmother and sister, both of whom attended the council meeting to ask lawmakers to look into the situation.

“I think they were out of control and I think something should be done about it,” said Hayes’ 71-year-old grandmother, Mary Pugh who lives on 17th Street.

Pugh, known in the neighborhood as “granny,” told council members she though the officers “killed” her grand-son when they used the Taser on him and he dropped to the ground. She said she thought the use of the device was inappropriate because the young people had been playing with water balloons and several of them were soaking wet. Pugh also said when she attempted to check on her grandson’s condition, an officer threatened to use a Taser on her as well.

“The officer said to me, ‘you are going to be next,’ ” she said. “I said ‘I think you should reconsider that.’ ”

Michael Hayes’ sister, Teonna, also said her brother only became involved after it appeared as though police were going to use a Taser on their 15-year-old cousin. She told council members the officers who responded that day used profane language and showed little respect for the people in the community.

“If that’s who I call to protect and serve me, I’m not going to call the police anymore,” she said.

City Council Chairman Chris Robins declined comment on the situation, noting it sounded as though Hayes may be considering legal action.

Niagara Falls Police Superintendent John Chella said he has received a complaint from Teonna Hayes, but has not yet received one from Michael Hayes himself. He indicated he would reach out to Michael Hayes to see if was interested in following up with a complaint of his own. Chella said he has reviewed the police reports from the incident, but did not think it was appropriate to comment on the matter at this time.

“I’d be more than happy to take their complaints and investigate them,” Chella said.

In other matters, the council:

• Authorized the acquisition of the old Lotus Acupuncture spa building at 446 Third St. The city plans to purchase the building for $54,900 and demolish it at a cost of $25,000 to clear the way for the construction of a new parking and event-staging area. Project funds will covered with 2007 casino revenue.

• Approved a settlement with Teamsters Local 264, the union representing jail matrons who guarded female prisoners at the old public safety complex on Hyde Park Boulevard. Under the proposed agreement, the union would rescind its right to challenge the city’s ability to eliminate detention aide jobs in exchange for offers of severance and cleaner positions for several matrons. The deal includes severance totaling $54,586.93 for three detention aides who have agreed to be released from their duties.