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Suspect in the “Walmart Parking Lot Shooting” Arraigned

Adrian Simental

Adrian Simental was arraigned on Monday, December 5, 2022, at the Queensbury Town Court. He is accused of firing a handgun at Brandon Grant, a 52-year-old New York City man. The incident is alleged to have occurred after an aggressive driving incident moments earlier on Route 9 in Queensbury: Police said Simental followed Grant into the Walmart parking lot, where a verbal and physical fight occurred. Simental allegedly then shot Grant in the abdomen. Grant was treated at both Glens Falls Hospital and Albany Medical Center, and has since been released.

Simental faces felony charges of attempted first-degree assault, and second-degree criminal possession of a weapon. 

According to NY Penal Law, first-degree assault is a criminal offense that involves intentionally or recklessly harming another person; assault in the first degree is the most serious type of assault you can commit. In order to be convicted of assault in the first degree, the prosecutor must show the following:

  • That you injured someone using a deadly weapon or dangerous instrument, and you had intent to cause serious injury or,
  • That you injured someone, and you had the intent to seriously and permanently disfigure or,
  • That you seriously injured someone, and you did so in manner that showed you had depraved indifference to human life or,
  • That you seriously injured someone while committing a felony

Felony assault is a Class B felony.

The maximum sentence for being convicted of assault in the first degree is up to 25 years in prison, and as it’s a violent felony offense, the minimum possible sentence is 5 years.

Simental also faces second degree criminal possession of a weapon; this is the most serious of the criminal possession charges. It is against the law to possess a loaded firearm in your vehicle without a license for it. It is also illegal to possess a disguised firearm with the intent to use it in an illegal manner. 

This is a class C felony, and could result in a prison sentence of up to 15 years, and since it’s also classified as a violent felony offense, the minimum possible sentence is 3 years. Probation is not an option, even if the offender has no prior criminal record. 

According to court documents, Simental said, “I’m a general laborer, but mostly now it’s gonna have to be construction. They are the only ones that take felons, right?”

His next court appearance will be January 3, 2023. He is being held at Warren County Jail, for lack of $200,000 cash bail or $600,000 bail bond.

Glens Falls TODAY: Morning Brief – Episode 59: Bill Gates Diner | 12/06/22

Today, Gary discusses the Bill Gates Diner set to make its grand return to the Town of Bolton. Also in the news, some exciting plans for next year’s Lake George Music Festival, the Michelle Bennett Memorial Basketball Tournament at Queensbury High School, and Warren County 4-H opens submissions for its annual pet photo contest.

Also, Gary apologizes for the sound of his voice. It was a very long day.

00:02 – Intro
00:32 – Ad Break 1
01:48 – Story 1: Turning Point for Lake George Music Festival
03:51 – Story 2: Michelle Bennett Memorial Tournament
05:30 – Ad Break 2
05:54 – Story 3: Bill Gates Diner to Return to Bolton
09:27 – Story 4: Warren County 4-H Pet Photo Contest
11:01 – Outro

Stories Cited:
Turning Point for Lake George Music Festival – News 10
https://www.news10.com/news/north-country/lake-george-music-festival-hitting-turning-point/

Michelle Bennett Memorial Tournament – Glens Falls TODAY
https://glensfallsbusinessreport.com/michelle-bennett-memorial-tournament/

Bill Gates Diner to Return to Bolton – Post Star
https://poststar.com/news/local/bill-gates-diner-to-return-to-bolton/article_367a5224-7317-11ed-bfdb-1f7a2ac349dd.html

Warren County 4-H Pet Photo Contest – News 10
https://www.news10.com/news/north-country/calling-all-pets-4-h-chapter-holds-photo-contest/

Tis the Season for Holiday Party Troubles

We love a good non-work-related holiday party.  Work related? As lawyers like to say, it depends.  But both can get the host – and attendees – in trouble.  Here are some tips for avoiding lawsuits and headaches related to holiday parties.

Employment issues:  Sexual harassment or assault is an obvious concern particularly when alcohol is involved.  If something happens at a work function, and it’s reported and the employer does nothing about it – or the perpetrator of bad behavior is the boss – it can result in a host of legal problems.  Not only can this conduct implicate employment law issues, but intentional conduct by the boss can get around the Workers’ Compensation bar that usually prevents employees from suing their employer in negligence or for intentional torts (like assault or battery).  And if the victim is a guest, and not an employee, they can also sue for negligence. 

Tip to avoid: If you are the employer, the party pooper in us says spare your employees another work-related obligation and give everyone a bonus. Barring that, keep an eye on how much alcohol is served and if someone is starting to behave badly, get them home safely. If inappropriate behavior is reported, take it seriously, don’t brush it off, do an investigation and, if appropriate, discipline or counsel the perpetrator. Don’t retaliate against the complainer or make them feel like they aren’t being protected – this is when people call lawyers. 

If you are the employee, remember that this is fun but still work. Inappropriate behavior or offensive conversation can have repercussions. Most employees in New York are at will, meaning that you can be fired at any time for any reason as long as it’s not discriminatory or because of protected activity (i.e., retaliatory). As long as an employer applies its code of conduct evenly, it’s unlikely you’ll have any recourse if you’re fired for behaving badly at a holiday party.   

Premises liability: If you are hosting a party on property you own or have control over, you are liable for injuries caused by dangerous conditions on the property that you knew or should have known of, or that you created.  This can include dangerous people present on the property.

Tip to avoid: Make sure your homeowner’s insurance is up to date. This would also be a good time to fix any safety issues you know about and have been ignoring (for example, is everyone going to be entering your house on a wobbly front step, or where a handrail is loose?). In winter, you also want to be sure there isn’t an accumulation of ice or snow where people will be parking and walking. The law only gives us a reasonable period of time after a storm to clean up. 

Dog bites: Does your dog get too excited, anxious or aggressive when strangers or a lot of people are around? Pet owners are strictly liable (meaning it doesn’t matter if you were negligent, i.e., careful or not careful) for injuries caused by their animals if they knew or should have known that the animal has dangerous propensities. Under the law, “dangerous” doesn’t always have to be “vicious” (as in Cujo), even though that’s a common term used when talking about dog-bite legal issues.

Tip to avoid: Put your dog somewhere it can’t escape or will not be walked in on, or out of the house completely. Warning people is not going to help you in this situation. 

Dram Shop (bar owners and commercial sales):  Do you own a bar?  Bars in New York are liable for injuries caused by individuals who are over served. So, if you serve a visibly intoxicated person and they leave and injure or kill someone in a drunk driving accident, you can get in big trouble. 

Tip to avoid: Don’t be afraid to refuse to serve, refuse to pour shots, or kick people out. 

Dram Shop (furnishing alcohol to minors):  New York’s Dram Shop law also makes it illegal to furnish or procure alcohol for minors (under the age of 21).  This is a good way to get in trouble during a house party and or if you have rented an establishment for a party and serve minors. 

Tip to avoid: Don’t do it and don’t turn a blind eye to it if it’s happening under your roof. 

We wish everyone a happy and safe holiday season, and thank you for reading!

To learn more about how D’Orazio Peterson can help you, visit here or go to our website: www.doraziopeterson.com


ABOUT THE AUTHOR

Giovanna A. D’Orazio has experience litigating, among other things, commercial, general civil, employment, land use and personal injury matters in New York State and federal courts. Giovanna also has experience litigating Article 78 proceedings in New York State court.

Capital District Jets Edge Out Queensbury for the Win

Albany County Ice Rink

On Friday, December 2nd, at The Albany County Rink, the Capital District Jets met the Queensbury Spartans on the ice. Action got started early when the Jets scored on a collaboration between McKinney and Davidson; Mckinney is credited with the Assist and Davidson the goal. Queensbury did not let the period end in a shutout, as Tyler Dufour scored assisted by both Michael Deutsch and Nick Ogden. However, Davidson scored again for the Jets; the opening period ended Jets 2, Spartans 1. 

The 2nd period saw only one goal scored by the Jets; Walsh. He was assisted by both See and McKinney.

The 3rd Period kept both goaltenders busy as the Jets and Spartans traded goals. Queensbury opened up the period with a shorthanded goal by Mack Ryan, but Mckinney and Davidson worked together again to score about 6 minutes later. Davidson switched up his dance partners and was assisted by Wilson to score the Jets last and deciding goal of the game. Queensbury made a gallant comeback effort as Tanner Fearman and Keegan Lazier connected for back to back goals; however, the Spartans came up short, and the Jets held on to win with a final score of Jets 5, Spartans 4.

The Jets Goalie, Shanahan, had 56 saves ,and Queensbury’s Jacob Fanciulio had 16 saves.

Coming up this Wednesday, December 7, 2022, The Queensbury Spartans will face the Adirondack Rivermen at the Cool Insuring Arena. Puck drops at 6:15 PM!

Albany Med Healthcare Systems Improve Safety Scores

Albany Medical Logo

The Leapfrog Group gave out high grades to both Saratoga Hospital and Glens Falls Hospital for patient safety: Saratoga Hospital earned an ‘A’ and Glens Falls Hospital earned a ‘B’. These grades place both hospitals in the top 25% of New York State facilities for this category! This shows a rising dedication to patient safety, as Glens Falls Hospital had previously received a ‘C’ score in 2019 and 2020 and a ‘B’ score in 2021, while Saratoga Hospital had received ‘C’ scores from 2019 until this most recent evaluation.

The Leapfrog Group created and administers The Leapfrog Group Safety Grades. This system of grades is a national leader and advocate for hospital transparency, and is both independent and not-for-profit. The goal of the Leapfrog Group is to save lives by reducing errors, injuries, accidents, & infections. They gather the relevant data through the Leapfrog Hospital Survey: this survey is trusted and transparent, and it includes 2,300 hospitals that participate voluntarily and free of charge.  

“Our Leapfrog score reflects our culture of safety and 24/7 commitment to protecting patients from preventable harm and error” Saratoga Hospital President & CEO Jill J. Vankuren said via press release. “The ‘A’ grade is a tribute to our team and a source of assurance to our patients, who can be confident they’re receiving care at one of New York’s safest hospitals.”

The Leapfrog safety system assigns letter grades twice a year to general hospitals based on over 30 measures of patient safety. 30% of U.S. hospitals earned the highest rating of ‘A’ . 28% earned a ‘B’.  Participating in this safety survey gives both Glens Falls Hospital and Saratoga Hospital an opportunity to share best practices for patient safety.  

“Quality improvement across the system occurs through collaboration. As we continue to work together, we are seeing many benefits.” Paul Scimeca, President and CEO of Glens Falls Hospital said. “The Albany Med Health System will continually evolve and improve in the future, and we look forward to working even more closely with Albany Medical Center, Columbia Memorial Health and Saratoga Hospital.”

Vankuren emphasized the shared commitment throughout the shared hospitals systems; the commitment to excellent patient care and continuous quality improvement.

“Patient safety is a top priority for the entire system.” she said. “Our goal, through collaboration and sharing of best practices, is for all our hospitals to achieve the highest grade.” The Albany Medical Health System includes: Albany Medical Center, Albany Medical College, Columbia Memorial Health, Glens Falls Hospital, Saratoga Hospital, and The Visiting Nurses.

Michelle Bennett Memorial Tournament

This weekend at Queensbury High School, the Gold and Blue gymnasiums were filled with basketball games at the Michelle Bennett Memorial Basketball Tournament: the girls Varsity teams filled the Blue Gym, while the JV teams from each of the programs competed in the Gold Gym. 

Michelle Bennett

The tournament featured 50/50 raffles throughout the weekend, sold home made baked goods, and charged a small entrance fee. Hudson Falls, Guilderland, Glens Falls, Cohoes, Queensbury, & Niskayuna each played two games in this unseeded, play-around tournament. 

The Guilderland & Niskayuna Varsity girls teams came out of the weekend undefeated! On Friday, Guilderland beat Hudson Falls 55-34, and on Saturday they beat host team Queensbury 41-31. Niskayuna handed Queensbury the loss on Friday 46-28, and toppled Glens Falls on Saturday, 74-39. Glens Fall enjoyed a win for their season opener on Friday night over Cohoes at 62-44. 

Hudson Falls and Cohoes were in a barnburner on Saturday: this match saw “the Tigers vs. the Tigers”. The two teams traded points throughout the second half of the game, each team racing down the court executing plays and hitting foul shots… Regulation ended in a 46-46 tie; however, Hudson Falls pulled away in overtime, and the final score was 56-50. 

End of regulation play

It was a wonderful weekend to honor and remember a member of both the Queensbury and Glens Falls Communities: Michelle Bennet was a loving mother, teacher, leader and friend.

Michelle Bennet: 11/17/68 – 2/5/22

Glens Falls TODAY: Morning Brief – Episode 58: Redistricting Plans for Glens Falls | 12/05/22

To start off the week, Gary discusses proposed redistricting plans for the City of Glens Falls. Also, The Queensbury Hotel put up a life-sized gingerbread house in their lobby, the Adirondacks Welcome Center has entered into a statewide holiday decoration contest, and the Glens Falls Police Department honored a retiring patrol officer, and also made toy donations for local children in the spirit of the holidays.

00:02 – Intro
00:38 – Ad Break 1
01:34 – Story 1: Queensbury Hotel Gingerbread House
04:35 – Story 2: ADK Welcome Center Decoration Competition
06:04 – Ad Break 2
06:28 – Story 3: Redistricting Plans for Glens Falls
08:43 – Story 4: Glens Falls Police Department
09:47 – Outro

Stories Cited:
Queensbury Hotel Gingerbread House – Post Star
https://poststar.com/news/local/life-size-gingerbread-house-debuts-at-the-queensbury-hotel/article_2709bc18-7276-11ed-8111-afc4a6512010.html#tracking-source=home-top-story

ADK Welcome Center Decoration Competition – News 10
https://www.news10.com/news/north-country/northway-welcome-center-enters-holiday-competition/

Redistricting Plans for Glens Falls – Post Star
https://poststar.com/news/local/govt-and-politics/assembly-redistricting-plan-would-move-glens-falls-back-into-114th-district/article_f1efeb04-7272-11ed-9431-bb6e28573109.html#tracking-source=home-top-story

Glens Falls Police Department – Glens Falls TODAY
https://glensfallsbusinessreport.com/recognizing-what-the-glens-falls-police-department-does-for-our-community/

Santa Claus is Coming to Town

Glens Falls City Park

Tonight – Friday, December 2nd, at 5:15 PM, Santa Claus is coming to town! The Glens Falls Holiday Parade kicks off at Crandall Park, and will proceed down Glen Street to Glens Falls City Park. Santa himself will be there, along with Mayor Bill Collins. Come and join the fun! 

At 6:15 PM, Santa and City Officials will be lighting the Glens Falls Christmas Tree in Glens Falls City Park, near Crandall Library.  If you are looking for a visit with Santa, you just may get your wish: from 6:30 PM to 8:00 PM, there will be an opportunity to visit with Santa at Glens Falls National Bank Wealth Management Building. If it’s a letter to Santa that you have in mind, Glens Falls City Hall will have that all ready for you: in front of City Hall, there will be a special mailbox for letters to Santa at the North Pole. Don’t forget to include a return address so that Santa can respond!!

Downtown shops will also be open for this Holiday Festival! There will be live entertainment, and costumed characters between 5:15 PM and 8:00 PM. Glens Falls City Park will also be hosting the Adirondack Christkindlmarkt: come see your friends and neighbors, finish off your holiday shopping, and enjoy some live entertainment! Santa Claus can’t wait to see ya!

Recognizing What the Glens Falls Police Department Does For Our Community

Patrol Officer Zach Flewelling was honored earlier today by the Glens Falls Police Benevolent Association (PBA) on his retirement from the City of Glens Falls Police Department. Officer Flewelling was formally recognized by the department, and presented with a plaque in recognition of his service to the citizens of Glens Falls. 

Patrol Officer Zachary Flewelling

Officer Flewelling served 17 years with the City of Glens Falls Police Department as a Patrol Officer, and is a formerly recognized “America’s Most Wanted All-Star.” Officer Flewelling is a United States Army Veteran and retired New York National Guard Drill Sergeant / Staff Sergeant. On behalf of Chief Jarred Smith and Detective Lieutenant Seth French, the entire Glens Falls Police Department and the City of Glens Falls wish Officer Flewelling nothing but the best regarding his future endeavors upon retirement. 

Earlier this week, Police Officers within the City of Glens Falls Police Department raised funds within the department to purchase and donate toys to the Tri-County Marines Toys for Girls and Boys program.  Commander Bob Zink, from the Glens Falls American Legion Post 233 – who also organized the Veterans Day Ceremony at Crandall Park last month – represented the Tri-County Marines Toys for Girls and Boys Program. 

Toy Donations

The City of Glens Falls Police Departments hopes that the toys donated bring joy to the several young children that the program supports this Holiday Season.

Queensbury Shooting Linked To Road Rage

Adrian Simental

The November 27th shooting incident that occurred in the Queensbury Route 9 Walmart parking lot is now believed to have started as a road rage incident. The Warren County Sheriff’s Office said that this incident, which occurred in the area of Northway Plaza led to a reported physical confrontation and shooting. The Warren County Sheriff’s Office arrested Adrian Simental, age 33. He has been charged with felony counts of attempted first-degree assault, and second-degree criminal possession of a weapon. He pleaded not guilty to these charges on Wednesday, November 30th, at the Warren County CAP Court; Simental was remanded to Warren County Jail in lieu of the necessary bail. He is expected back in court Monday, December 6, at 9:00 AM.

Aggressive driving can take many forms: whether it be tailgating, weaving, poorly timed lane changes, or speeding. The AAA Foundation for Public Safety says aggressive driving is a factor in 54% of all fatal motor vehicle crashes: episodes of road rage have resulted in 30 deaths and 1,800 injuries in a single year.

Road rage occurs when a driver experiences extreme aggression or anger, leading them to intend to cause physical harm. There are steps one can take when involved in a road rage situation: The first thing to do is remain calm, and focus on driving safely. Do not engage the other driver or return hand gestures, and avoid eye contact. Keep your seatbelt buckled, in case of unexpected braking. If someone is following you due to a road rage situation, try to pull into a police station, or at least a public space; it is recommended that you avoid going home until the altercation is dealt with. If possible, write down a description of the car – including its license plate number – and some details about the driver. When you feel that it is safe, call 911. 

This road rage incident in Queensbury ended in a shooting. Warren County Sheriff Jim Lafarr said, “We strongly encourage everyone to avoid confrontation when faced with aggressive driving encounters, and we ask the public to seek assistance from law enforcement when confronted by a ‘road rage’ incident, rather than attempting to resolve these matters themselves.”