back to Niagara Falls Reporter archive
Unlike previous instances of job-site violence in Niagara County, the case of three members of Laborers Local 91 charged after an altercation at a Williams Road construction site won't end with a quick dismissal or quiet plea bargain, according to the Wheatfield Town Prosecutor.
"I'm not pleading anything," said prosecutor Erin DeLabio. "Right now, we're probably going to trial."
Salvatore Bertino, 49, of 3512 Jerauld Ave., Anthony Bertino, 24, who lives with his dad, and Patrick J. Ciccarelli, 50, of 6824 Plaza Dr., are scheduled to appear in Wheatfield Town Court Jan. 8. They were arraigned on second-degree harassment charges Dec. 18. The charges stem from a Nov. 28 incident at the Williams Road construction site between Niagara Falls Boulevard and River Road.
According to state police, the three men attacked a Department of Transportation official following a verbal disagreement. The DOT shut down the the project for two days and the three men were reportedly banned from the site.
While second-degree harassment qualifies as a violation which carries a maximum 15-day jail term, the case is getting more attention from the law-enforcement community than most "minor" offenses.
The Niagara County District Attorney's office has offered to help the town prosecutor, who routinely deals with traffic and other violations, with background information on the suspects and legal guidance. While the Wheatfield Town Board appoints the prosecutor, the D.A.'s office can step in with assistance or take a case over altogether.
Also, the incident caught the attention of a federal grand jury seated in Buffalo since February, 2000. Prosecutors are attempting to show that the conduct of Local 91's leadership, headed by Michael "Butch" Quarcini, and some union members has illegally caused construction costs to skyrocket.
A series of violent incidents in recent years form the basis of the federal case, including:
In that incident, a dispute broke out over which workers were responsible for cleaning buckets used by the tile-setters. According to police, a group of 15 Local 91 members, including job steward Andrew Tomascik, tried to settle the disagreement by attacking the six tile-setters.
Although four members of the Bricklayers Local required hospitalization and one was injured badly enough that he hasn't been able to return to work, Town of Niagara prosecutors settled for a single disorderly conduct conviction against Tomascik.
DeLabio said the three men arrested in the Williams Road altercation were properly charged with harassment, since the alleged victim reported no serious injuries -- a requirement for a more serious assault charge.
Any prior charges will be taken into account by the prosecution, DeLabio said.
"When you have repeat behavior, we're going to prosecute it," she said.
The prosecutor said she would meet with defense attorney Angelo Musitano on Jan. 8 to discuss dates for subsequent court proceedings before Town Justice Robert Cliffe.
"There won't be a resolution (yet)," DeLabio said. "I'm definitely not pleading this out on Tuesday."
Nor are federal prosecutors, who are trying to establish a "pattern of intimidation" by Local 91 leadership and some members, likely to ignore the case, according to a source close to the grand jury.
"Here you've got a state employee trying to do his job and he gets beat up," the source said. "If that's not intimidation, what is?"