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Superior Court Briefs: November 12 - November 14

Staff Reports
Cases heard before Judge John Agostini on Tuesday, November 12.
 
Bayshawn Irvis, 24, of Pittsfield pleaded guilty to single counts of illegal possession of a firearm, illegal possession of a loaded firearm and violation of a firearm surrender order.
 
The charges are in connection with an incident in Pittsfield on February 10, 2013. He was ordered to serve concurrent two year sentences at the Berkshire County House of Correction on the illegal possession of a firearm and the violation of a firearm surrender order. He was placed on two years probation on the illegal possession of a loaded firearm charge.
 
Lance Latimer, 34, of North Adams pleaded guilty to two counts of receiving stolen property over $250.
 
His case was continued without a finding for one year. Latimer was in possession of stolen property in North Adams between February 24, 2012 and March 9, 2012.
 
Two counts of breaking and entering in the nighttime and a single count of larceny over $250 were dismissed by the state.
 
Cases heard before Judge John Agostini on Wednesday, November 13.
 
Kevin Heideman, 31, of North Adams was found guilty of a single count of disturbing the peace.
 
The charge was in connection with an incident in North Adams on December 2, 2011. Heideman was ordered to pay a $150 fine. 
 
The jury found him not guilty of single counts of rape, assault and battery, malicious destruction of personal property and intimidation of a witness in connection with the same incident.
 
Cases heard before Judge John Agostini on Thursday, November 14.
 
John Jones, 37, of Ashley Falls pleaded guilty to single counts of larceny - an ongoing and continuing offense - and making false entries into corporate books.
 
He was ordered to serve two years at the Berkshire County House of Correction on the larceny charge and a concurrent one year sentence on the other. 
 
While employed at Kenver Limited in Egremont, Jones took approximately $65,000 between November 1, 2010 and February 11, 2012.
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North Adams DPW Worker Guilty of Spilling Diesel Fuel

Staff Reports

NORTH ADAMS, Mass. — A North Adams man pleaded guilty on Wednesday afternoon in Berkshire Superior Court to several charges.

Glenn A. Robert, 63,  pleaded guilty before Judge John Agostini on single counts of violation of the notification requirement of a release or threat of release of oil or hazardous waste, illegal disposal of hazardous waste and discharging a pollutant into the waters of the commonwealth.

Agostini continued the charges without a finding for two years on the condition that Robert pay restitution to the city of North Adams in the amount of $3,868 to compensate it for a environmental report required by the Department of Environmental Protection.

Robert, a North Adams Public Works employee, spilled approximately 20 gallons of diesel fuel at the Department of Public Works garage in North Adams on Oct. 15, 2012.

The investigation was conducted by investigators assigned to the Department of Environmental Protection. Mayor Richard Alcombright said Robert was suspended for a month but the longtime employee will be back to work.

Robert was apparently fueling up a machine when he went inside the office to log the gallons. When he came out, the pump had slipped from the machine and fuel was going into a nearby drain that goes into the river. Alcombright said the city was notified of a strong smell of fuel from Massachusetts Museum of Contemporary Art.

Robert tried to soak up the fuel with Speedi-Dri and booms were put in the river to contain the spill.

Updated on Nov. 14, 2013, with further information.

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Horse Killed in Pownal Crash

Staff Reports
POWNAL, Vt. — A horse was killed early Wednesday morning after being hit by two vehicles on Route 7 south of the Pownal View Barn. 
 
Trooper Robert Zink said police were dispatched at about 6 a.m. and found the dead horse in the road along with two vehicles. 
 
The drivers of the cars, Joseph Ciuk, 52, of Pownal, and Dieter Jaenecke, 62, of Bennington, were southbound on Route 7 when they came upon three horses loose on the highway. 
 
Neither was able to stop in time to avoid the animals. 
 
Jaenecke's 2012 Subaru Impreza struck the horse first; Ciuk, who was behind Jaenecke, tried to avoid it but the horse was struck again by his 2000 Dodge Dakota Truck.
 
Neither man was injured but Ciuk's truck incurred extensive front-end damage, totaling the vehicle. Jaenecke's Subaru was damaged on the front passenger side and roof. Both men were wearing seat belts.
 
U.S. Route 7 was reduced to one lane for approximately 30 minutes while the vehicles and horse were removed from the roadway. State Police were assisted by the Pownal Constable during this crash investigation.
 
Police did not include in the report who owned the horses or how they came to be loose. 
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DA: Dalton Women's Death 'Not Suspicious'

Staff Reports

DALTON, Mass. — The District Attorney's office has confirmed that the body found behind the American Legion was Theresa Burke, who had gone missing since early Sunday morning, and that there is nothing suspicious with the death.

"The investigation has revealed there is nothing suspicious with the death," Spokesman Fred Lantz said on Tuesday.


Theresa Burke has been missing since early Sunday morning.

 

DALTON, Mass. — A body found near the American Legion on Monday morning is believed to be that of Theresa Burke, missing since early Sunday morning.

The young Dalton woman was last seen about 3 a.m. Sunday. The body was found in a wooded area near 258 North St.

Burke had attended a show at Chameleon's in Pittsfield on Saturday night that included a fundraiser for the Berkshire Band-Itz roller derby team of which she was a member.

Burke's family and friends began posting on Facebook that she was missing on Sunday and her mother, Catherine Burke, contacted police. They also searched the neighborhood and passed her picture and information to convenience stores and other places. She was believed to have her cell phone but did not respond to anyone.

According to Facebook posts, she was last seen in Dalton wearing gray yoga pants, black combat boots and a possibly a gray hooded sweat shirt, and that it would be unusual for her not to contact her mother.

Burke, who has a 5-year-old daughter, Madison, would have been 24 on Thanksgiving Day, according to her Facebook page. She was described as a loving mother and daughter, a cheerful person and a good friend.

Her timeline was filled with comments on Sunday pleading with her to call someone, anyone; by mid-morning on Monday, it was filled with condolences and prayers.

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Stamford Crash Totals Two Family Vehicles

Staff Reports
Ten people were involved in the two-car crash on Main Road. All were wearing seat belts and only one incurred minor injuries. Both vehicles were totaled.

STAMFORD, Vt. — A Rowe family was involved in a two-car accident on Sunday afternoon when a car driven by the husband was rear-ended by the car driven by the wife.

State Police responded to the accident at about 1 p.m. on Main Road, north of the town center.

According to Trooper Lauren Ronan, both vehicles involved were owned by Clifford Paige, 39 of Rowe. One of the vehicles, a red 1994 Honda Civic coupe was being operated by Paige; the other vehicle involved, a gray 2005 Ford Focus, was being operated by his wife, Mary Paige.  

There were four of their children in each vehicle and the conditions were cloudy with drizzle and wet pavement.

The crash occurred when Clifford Paige slammed on his brakes while arguing with his son, said Ronan. Mary Paige was driving behind her husband and was unable to stop her vehicle. She collided into the rear end of the Civic, causing extensive damage to the front end of her vehicle. The collision pushed the Civic into the guard rail, causing extensive damage.  

All of the occupants were wearing their seat belts, however, one child was transported to North Adams (Mass.) Regional hospital for a small abrasion and release shortly afterward.  

Both vehicles are believed to be totaled. Paige was issued a ticket for stopping on the roadway.

Stamford Fire Department, North Adams Ambulance Service and a Bennington County deputy sheriff also responded to the scene.

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