Amherst Receives Award of Excellence

The Amherst Police Department recently learned that it will receive an Award of Excellence in the Silver Category for municipal police departments for participating in the Fourth Annual Massachusetts Law Enforcement Challenge. The challenge is a joint initiative supported by the Massachusetts Chiefs of Police Association (MCOPA) and the Massachusetts Executive Office of Public Safety and Security (EOPSS).

The award program recognizes police departments across the state for their traffic safety efforts, which are aimed at reducing motor vehicle-related fatalities and injuries as well as economic loss in communities, by combining traffic enforcement with public information and education. The extensive application process was successfully completed by Detective Sergeant Bill Menard and Officer Scott Gallagher.

The Amherst Police Department was judged in six separate categories: Policy and Guidelines, Officer Training, Incentives and Recognition, Public Education and Information, Enforcement Activity and Effectiveness of Effort. The award is based on the department’s 2007 data and accomplishments.

In 2007, the Amherst Police Department cited a total of 2,312 drivers for speeding and arrested 117 individuals for Operating Under the Influence. In the same year, the department investigated 1,016 motor vehicle crashes, 118 of which resulted in personal injury. Of the personal injury crashes, less than 2% were speed-related and less than 1% were alcohol-related. The department did not investigate a single fatal motor vehicle accident in 2007. The low percentage of speed and alcohol-related crashes is a direct result of the commitment officers of the Amherst Police Department have in enforcing traffic laws and ensuring the safety of the community.

For more information on this award, please contact Det. Sergeant Bill Menard or Officer Scott Gallagher via email or 413-259-3000.

APD Awarded Grant

The Amherst Police Department was awarded $10,000 in grant funding as part of the 2009 Underage Alcohol Enforcement Grant Program from the Executive Office of Public Safety and Security (EOPSS). This program provides overtime funds for enforcement of underage alcohol laws through activities such as compliance checks, reverse stings, party patrols, surveillance patrols, and cops in shops. The EOPSS awarded 94 of these grants totaling over $600,000. The Amherst Police Department intends to use this funding to assign extra patrols on Thursday, Friday, and Saturday nights throughout the spring in order to enforce the open container of alcohol by-law and underage drinking laws. Officers will be assigned to both uniform patrol and plain clothes to enforce these laws. During fiscal year 2008, Amherst officers charged 386 persons with being minors in possession of alcohol.

For more information on these increased enforcement efforts, please contact Captain Scott Livingstone at livingstones@amherstma.gov or 413-259-3194.

Research reveals that according to the Fatality Reporting Analysis System (FARS) and the National Highway Traffic Safety Administration (NHTSA), motor vehicle crashes are the leading cause of death among young drivers between ages 15 and 20. Additionally, from 2003 to 2005, nationwide, approximately 34% of 16-20 year old drivers killed in motor vehicle crashes had been drinking. For more information on impaired driving go to www.mass.gov/highwaysafety.

Arrest for Burglary

The Amherst Police Department has made an arrest for a recent burglary. Arrested for this crime was Herbert Nicholas Levy, 21, who lists his address as 285 White St., Springfield. His photo is attached. The burglary occurred in an apartment unit at the Boulders apartment complex on East Hadley Road. The burglary was reported to the Amherst Police Department on March 25th. The crime occurred at approximately 10 pm. Taken at the time were numerous personal items including a TV, Wii, XBox, and laptop computer. Most of the property was recovered at the time of Levy's arrest.
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Levy was arrested with the assistance of the Westfield Police Department on March 26th at 919 Southampton Rd., in Westfield. It is unknown if this arrest is related to additional burglaries that have occurred in Amherst over the last week. The investigation continues, and police are looking into whether there were any accomplices to this crime.

False Alarm Fee By-Law Enforcement

Beginning April 1, 2009, fees will be assessed for all false burglar or intrusion alarms that are responded to by the Amherst Police Department. The False Alarm By-law, which was approved by Town Meeting in April, 2008, and the Attorney General’s Office this past fall, had a delayed implementation to afford citizens ample time to work with their alarm vendors to repair or maintain malfunctioning systems. In 2008, there were 728 alarm calls - all of which were false but still required 1,559 police responses. Of those false alarms, many locations were responded to numerous times throughout the year. The Amherst Police Department hopes that this by-law will be an effective tool to encourage those repeat offenders to repair their faulty systems. The False Alarm Fee By-law addresses burglar or intrusion alarms only and does not include fire alarms or medical alert systems.

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Since January 1, 2009, Amherst Officers that responded to false alarms have left a written warning notice at the address advising the occupants of the by-law violation and the penalties for repeat offenses in a 12-month period. As the fee assessments begin on April 1, 2009, warning notices issued between January 1st and March 31st will not be considered a penalty. As the by-law states, warnings will be issued for the first three responses within a 12-month period to a location, but the 4th and all subsequent responses during that 12-month period will result in a by-law violation fine being mailed to the resident.

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Questions regarding the by-law can be referred to the Amherst Police Department at 413-259-3000 or police@amherstma.gov. For frequently asked questions please visit our website, http://www.amherstpd.org/. The bylaw in its entirety is below.
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Amherst, Massachusetts General Bylaws
Any residence, school, municipal building or place of business which has an alarm system connected directly to the Police Department or connected indirectly to said Department through a private alarm company (each of which will be hereinafter referred to as a “monitored system”), shall be charged a fine for all responses by the Department to such buildings when the response is caused by: (1) the activation of the monitored system through mechanical failure, malfunction, improper installation, or negligence of the user of an alarm system or his employees or agents; or (2) the activation of the monitored system requesting, requiring or resulting in a response on the part of the Police Department when, in fact, there has been no unauthorized intrusion, robbery or burglary, or attempted threat. For the purposes of this bylaw, activation of a monitored system for the purposes of testing with prior approval by the Police Department, or by an act of God, including, but not limited to, power outages, hurricanes, tornadoes, earthquakes and similar weather or atmospheric disturbances shall not be deemed to be a false alarm. A fine for violation of this bylaw may be assessed against the owner or tenant of the residence or place of business. Penalties for violation of this bylaw shall be as follows - successive responses to be counted within any twelve month period: first three responses - Warning, fourth response - $50.00, fifth response - $75.00, sixth response - $100.00, seventh response - $150.00, eighth and subsequent responses - $200.00. This section may be enforced pursuant to the noncriminal disposition method as contained in M.G.L. Chapter 40, Section 21D. Enforcing persons shall be police officers.

Changes to the Marijuana Law & FAQ's

On January 2nd, 2009, Massachusetts became the 13th state to decriminalize small quantities (less than one ounce) of marijuana. 'Question 2' did not legalize marijuana possession. Under the new section of MGL 94C, the possession of an ounce or less of marijuana, or THC, was changed from a criminal offense to a civil offense making it punishable by civil penalties and forfeiture of the drug. For an adult, the offense is punishable by a $100 civil penalty and forfeiture of the drug. An offender under the age of 18 is subject to the $100 civil penalty and forfeiture of the drug, and that person is also required to complete a drug awareness program within one year of the offense. The money received from the civil offense goes to the community where the offense occurred.
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The law did not change in respect to the distribution of the drug. Possession of any quantity, along with probable cause to believe it was possessed with the intent to distribute, is punishable by arrest, and, if convicted, other criminal penalties, including jail, probation, and/or a fine apply as well.
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Also, a person operating a vehicle who is suspected of being under the influence of marijuana or THC can still be charged with operating under the influence as outlined in MGL c 90 section 24.
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Recently, the City of Springfield created an additional penalty for the public use of marijuana, and many other localities are considering whether to create a similar penalty for public use as well.
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Under Massachusetts law, it is up to each community to decide whether or not, as well as how, to punish nuisances like drinking alcohol or smoking marijuana in public. The Town of Amherst currently has a by-law prohibiting the public consumption of alcohol, but does not address the smoking of marijuana in public.

Phone Scam Alert

The Amherst Police Department would like to make citizens aware of a new scam that has come to our attention. The scam that was reported to the police apparently attempts to scare parents and grandparents into believing that a loved one has been arrested, and that money is needed to bail that loved one out of jail.
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The report received by the Amherst Police stated that the victim received a phone call informing him that his supposed "grandson" was being held in jail and would not be released until $3800 in bail money was posted in the form of a "mail gram" from Walmart. The victim spoke to a fake official named "Patrick Miller" who advised the victim that 90% of the bail money would be returned when the "grandson" showed up for his hearing. The victim was instructed to send the bail money to Moncton, New Brunswick, Canada, and to then call 1-800-321-3333 after the money was sent.

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The victim did not fall for the scam and subsequently contacted the police.

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Similar incidents have been reported in Seattle, Washington and Orange County, California.

Weekly Activity Report 3/16/09 - 3/22/09

This past week, Spring Break week for area colleges, Amherst Police Officers responded to 400 calls for service, and 10 individuals were either arrested or will be summonsed into court on criminal charges.

The primary offenses for which these persons are charged include:

TBL Open Container of Alcohol - 2 persons
Assault and Battery (Domestic) - 1 person
Assault and Battery - 2 persons
Operation Under the Influence of Alcohol (OUI) - 2 persons
Operation of a MV with Suspended License - 1 person
Possession of Class D - 1 person
Warrant - 1 person

Suspicious Vehicle Reported

On March 19, 2009, at approximately 2:45 pm, parents of an eight-year-old girl contacted the Amherst Police Department and reported that they had just observed a suspicious vehicle. The vehicle was described as a silver, four-door sedan, possibly with out-of-state license plates. The child was walking with her sibling and parents when the vehicle did a U-turn in the road. The operator of the vehicle said something to the child who in turn ran back to her parents and reported the incident. The child had been briefed by her parents about heightened awareness and safety steps, and the parents promptly reported the incident to police. There is no evidence at this point that there was an attempt to lure the child in to the vehicle, and it is unclear what the driver said as he turned his vehicle around. The physical description of this driver is much different than that of the person involved in the incidents in neighboring towns. The operator of this vehicle was African-American.
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The investigation into this specific report will continue and the school department has been fully briefed about this and other reported incidents. Investigators from the Amherst Police Department will continue to work with the schools to create the safest environment possible.
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Increased awareness has resulted in numerous calls to the police about observations and occurrences. Specifically, we've received reports from residents about vehicles in their neighborhoods that seem out of place or that are new to the area. Each of these reports is appreciated and will be investigated thoroughly.
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Any information can be reported to the Amherst Police Department at 413-259-3000 or on the anonymous tip line 413-259-3344.

R.A.D. Class To Be Held This Month

Chief Charles L. Scherpa is pleased to announce that the Amherst Police Department will be hosting a R.A.D. self-defense course for women. The Rape Aggression Defense System is a program of realistic self-defense tactics and techniques for women. The R.A.D. System is a comprehensive, women-only course that begins with awareness, prevention, risk reduction and risk avoidance, and it progresses on to the basics of hands-on defense training as well. R.A.D. is not a Martial Arts program.
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Our course is taught by Amherst Police Department Officers Jesus Arocho and Megan Attesi who are nationally certified R.A.D. Instructors. R.A.D. is for women of all ages, and it is open to women from other communities. The class will be held in the Amherst Police Department Community Room from 5:30 p.m. to 7:30 p.m. on Tuesdays and Thursdays beginning Tuesday, March 24th, 2009, and concluding on Thursday, April 9th, 2009. Space is limited so all participants must pre-register by calling the Amherst Police Department Records Bureau at 413-259-3016 by March 20th, 2009.
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For additional information go to the Amherst Police Department website at http://www.amherstpd.org/ or email Officer Megan Attesi at attesim@amherstma.gov.

This event is made possible by funding from the Executive Office of Public Safety Community Policing Grant program.

Officer John Chudzik Receives Badge #1

Chief Scherpa has announced that Amherst Police Department Patrol Officer John M. Chudzik has received Badge #1 in recognition of his many years of steadfast and exceptional service to the Amherst Police Department and to the citizens of the Town of Amherst. Officer Chudzik has been with the Amherst Police Department since 1985, and he is the most senior officer in the department’s patrol division.

Officer Chudzik has served as the department’s Firearms Instructor, Firearms Licensing Officer, Armorer, Property and Evidence Officer, Fire Investigation Liaison, and National Crime Information Center (NCIC)/Criminal Justice Information Service (CJIS) Back-Up Representative. He is a member of the department’s Crime Scene Search Unit, Fire Investigation Unit, Crime Prevention Unit, Photography Team, Search and Rescue Team, and Warrant Entry Team.

On May 20, 1999, Officer Chudzik was a recipient of the Hampshire Country Emergency Medical Services meritorious service award.

Cheap Labor

In 2007, the Amherst Police Department initiated the Community Enhancement Through Community Service Program. The basic premise behind the program is to have individuals who have committed minor offenses in Amherst, including open container violations, noise violations, or minor in possession of alcohol violations for example, complete court-ordered community service here in our community. Through this program various clean-up jobs have been completed including a clean-up of the Jessie’s House playground and work on the Amherst Police Department's Adventure-Based Ropes Course.

Detective Dave Foster, the program's coordinator, is looking for suggestions for work projects to be completed in the spring of 2009. If you have a project idea, or if you are a non-profit organization in Amherst that could benefit from this program, please contact Detective Foster at 413-259-3166 or e-mail him at fosterd@amherstma.gov.

This past week, Amherst Police Officers responded to 472 calls for service, and 28 individuals were either arrested or will be summonsed into court on criminal charges.

The primary offenses for which these persons are charged include:

Possession of Alcohol Under 21 - 4 persons
Assault and Battery (Domestic) - 2 persons
Shoplifting - 3 persons
Disorderly Conduct - 1 person
Operation of a MV with Revoked Registration - 1 person
Operation Under the Influence of Alcohol (OUI) - 4 persons
Operation of a MV with Suspended License - 1 person
Possession of a False ID - 1 person
Possession of Class D - 1 person
Town By-Law Unlawful Noise - 5 persons
Town By-Law Open Container of Alcohol - 2 persons
Violation of a Trespass Order - 1 person
Warrant - 1 person
Breaking and Entering in the Nighttime - 1 person

Mass Casualty Incident Training

On February 16th, 17th, and 18th, 2009, the Amherst Police conducted a training to prepare and practice their response procedures for a mass casualty incident. The training was facilitated by the Massachusetts State Police Special Tactical Operations (STOP) Team. The Amherst Police Department was joined by law enforcement command staff from the University of Massachusetts Police Department throughout the three day exercise.

In addition to police tactics staff, members of the Amherst Fire Department Administration and tactical EMT unit participated in the training as well. As a result of the training, tactical EMT's were able to review strategies that would be employed in the event of a mass casualty incident in order to effectively treat and transport the injured. In addition to rescue operations, the training focused on team formations, patterns of movement and appropriate force responses.

Administrators from the Amherst School District were also present during the three-day exercise to observe the training. They will review and familiarize all school department staff with the response procedures so that they will be better equipped should an incident occur at one of the schools.

Funding for a portion of this training was provided by the Western Region Homeland Security Advisory Council after initial approval from the WRHSAC Training subcommittee. This funding is administered by the Franklin Regional Council of Government.