Niagara Gazette

Local News

November 8, 2013

Judge rules DePetris traffic stop was legal

(Continued)

Niagara Gazette —

"We have to look at this from the perspective of a seasoned veteran," Farkas said. "He's investigating a shooting ... he developed a suspect ... and a suspect vehicle that was a purple, Dodge Ram."

Stack testified at an earlier hearing that he had been told that DePetris was living, without charge, in a penthouse at Seneca Niagara Casino. The detective said he began to randomly check the casino parking lot for the purple truck.

"Lo and behold, (on March 30) there is a vehicle matching that description in the casino parking lot," Farkas said. "There is nothing illegal about following that vehicle."

Stack also testified that he saw a woman approach the truck, briefly, in a high crime area and witnessed what he believed was a drug transaction. Farkas ruled that was enough reason to then pull the truck over.

"It was perfectly valid under the circumstances," Farkas said. 

When the driver of the truck claimed to be "out scrapping" and when Stack questioned him about that claim, DePetris, who was a passenger in the vehicle, intervened.

"Conveniently, Mr. DePetris introduces himself and he's the suspect in the shooting the detective is investigating," Farkas said. 

Stack asked DePetris to get out of the truck and "patted him down." It was then that he discovered that DePetris had a loaded, semi-automatic handgun on a string around his neck.

"The stop of the vehicle was legal," Farkas said. "The questions (from Stack) were perfectly appropriate."

A further search of the pick-up revealed what one investigator called an “arsenal.” In addition to the handgun and a bullet clip found in DePetris' jacket pocket, detectives discovered a fully automatic rifle and multiple, loaded ammunition clips in the back seat of the truck.

DePetris is accused of shooting his brother-in-law in the doorway of the victim’s new business in the 2300 block of Hyde Park Boulevard. The 56-year-old victim, who had gone to the door for a pizza delivery, was shot in the upper chest, near his shoulder.

 

 

Text Only | Photo Reprints
Local News
Featured Ads
Seasonal Content
House Ads
AP Video
Raw: Japanese Soldiers Storm Beach in Exercises Raw: Weapons Fire Hits UN School in Gaza Raw: Rocket Launches Into Space With Cargo Ship Broken Water Main Floods UCLA Two Women Narrowly Avoid Being Hit by Train In Virginia, the Rise of a New Space Coast New Sanctions on Key Sectors of Russian Economy Crayola Announces Family Attraction in Orlando US Ready to Slap New Sanctions on Russia Kerry: Not Worried About Israeli Criticism Boater Rescued From Edge of Kentucky Dam Girl Struck by Plane on Florida Beach Dies Rodents Rampant in Gardens Around Louvre House to Vote on Slimmed-down Bill for Border Looming Demand Could Undercut Flight Safety Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue
Opinion
House Ads
Night & Day
Twitter News
Follow us on twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Front page
Poll

Do you think cigarette sales to non-Native American customers should be taxed on reservations?

Yes. Items should be taxed like they are everywhere else.
No, the indian reservations are sovereign land and they are selling them on their land.
Not up to me. Native Americans decide the rules on their land.
Don't care. Smoking isn't good for you.
     View Results