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Page 2
Pages 10-16
October 31, 2009
Candidates debate issues
Judge refuses dismissal in fatal hunting accident
Opponents: Who is the Essex County sheriff? By Fred Herbst fred@denpubs.com
By Chris Morris denpubs@denpubs.com ELIZABETHTOWN — An Essex County judge has refused an attempt to dismiss an indictment against a man who fatally shot a fellow hunter last fall. Judge Richard Meyer told 44-year-old Michael Smith of Lake Placid that it’s up to a jury to decide whether he took a “unjustifiable risk in Smith opening fire into thick brush at an uncertain target when he didn’t know where his friends were located.” In November 2008, Smith was hunting with Leo Hickey, Kevin Straight and his brother Mark Smith in the town of Keene. An investigation found that during a deer drive, Smith shot at what he thought was a deer and struck 35 year-old Hickey in the head, killing him. Hickey was a native of Keene and had only recently moved to Elizabethtown at the time of the accident. He was the son of Keene Town Justice Constance L. Hickey and retired state Trooper Tom Hickey. In a ruling issued Oct. 13, Meyer upheld the charge of criminally negligent homicide. Smith and his attorney, Essex County Public Defender Livingston Hatch, tried to argue that there was insufficient evidence to support the charges against him. In his decision, Meyer cited past case law, stating that as a hunter it was Smith’s charge to properly identify the surrounding environment and his target before firing. According to the Adirondack Daily Enterprise and court documents, Smith thought he had targeted a deer. “I thought I saw the brown part of the back of its head, I thought the deer had turned away and started moving away from me,” Smith’s statement reads. “I believed this was my only chance to shoot this deer and I
See SMITH, page 12
ELIZABETHTOWN — Who is the Essex County sheriff? That question was posed several times as Michael “Ike” Tyler and Robert Kirby debated at Elizabethtown-Lewis Central School Oct. 22. Tyler and Kirby are independent candidates for sheriff in the Nov. 3 election. Incumbent Republican Henry Hommes declined to take part in the face off. The debate was sponsored by Denton Publications. Candidates were questioned by a panel of local journalists. “I’ve knocked on over 2,000 doors and have been asked over-and-over ‘Who is the sheriff?’” Tyler said. “I can guarantee one thing, if I’m elected you’ll know who the sheriff is. I believe the sheriff should be out there talking to his constituents.” Kirby said he has been asked the same question. “It’s true, many people don’t know who their sheriff is,” he said. “We need a sheriff who will open a dialogue, develop communication with each community in the county. We don’t have that now.” Much of the debate focused on the Essex County jail. Both candidates agreed the 120cell jail is too large for the county and shouldn’t have been built. “It’s there, though,” Tyler said. “Now it’s a matter of running the jail safely and efficiently.” Tyler, who is a retired corrections officer with 25 years experience, said he has the training and background to run the facility.
Robert Kirby
Michael ‘Ike” Tyler
Kirby noted the sheriff department’s jail budget has risen from $3.3 million in 2006 to $4.6 million this year. The county now has a three-year contract with the federal government to house federal inmates at $98 a day, Kirby explained. He said he would re-negotiate that deal to $120-$132 a day. Tyler expressed doubts the federal government would agree to such a deal, noting the county is dependent on the income generated by the federal prisoners. “If we lose federal inmates the county is in
big trouble,” he said. Kirby, a retired Tampa, Fla., police officer now living in Wilmington, said if the rate for federal inmates can’t be increased the jail should de-certify 60 cells, which would allow staff reductions and save tax dollars. Tyler countered he is opposed to any staff cuts. “We have a lot of hard-working, good, dedicated people there,” he said. “Maybe with better direction things would run more smoothly.”
See SHERIFF, page 12
New ferry operating in Westport By Matt Bosley matt@denpubs.com WESTPORT — A new ferry is helping to manage the commute for those who once relied on the Crown Point bridge. A 48-passenger ferry is now in operation, carrying pedestrians from the Westport Marina to Basin Harbor, Vt. However, the future of its operation is unclear. State, county, and local officials met at Westport Town Hall Oct. 22 to coordinate use of the new ferry, which is bolstered by shuttle service on both sides of the lake. On the New York side, motorists can park at the Essex County Fairgrounds, where an Essex
County Transportation Department shuttle is available to transport up to 35 passengers to the Westport Marina. “One of my major concerns is parking,” said Westport supervisor Dan Connell, suggesting 2-hour parking signs be put up along some of the streets in downtown Westport. Mike Fayette, regional engineer for the state Department of Transportation, said such signs could be provided. County officials volunteered the use of flashing signs to direct motorists to the fairgrounds. On the Vermont side, Addison County Transit will shuttle passengers with two busses; one to Middlebury and another to nearby Vergennes.
Brian Goodyear, director of engineering at the Basin Harbor Club, said the ferry should be very useful to large businesses in Vergennes, such as Goodrich, which has many employees who live in New York. Each one-way trip will be roughly 20-minutes long, Goodyear said. Prices are $8 for a round trip ticket and a five-day pass costs $34. Tickets are available for sale on the boat or at certain locations in Vergennes. The boat, named “Escape,” has traditionally been used as a cruise vessel by the Basin Harbor Club. It was recently put into storage for the cold season, but when news of the bridge closing came, Goodyear said, it was
See FERRY, page 13
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