Lockport Union-Sun & Journal Online

November 8, 2012

Unruly man arraigned in parking lot

Lockport Union-Sun & Journal

Lockport Union-Sun & Journal — A Middleport man faces several charges after he allegedly assaulted a Niagara County Sheriff’s deputy who was investigating a report of a loud party.

Zachary S. Dunn, 19, of 60 Main St., Middleport, was arraigned in the parking lot of Hartland Town Court after deputies reported they couldn’t remove him from a patrol car due to Dunn’s “uncontrollable state.”

Deputies responded to 2278 Johnson Creek Road, Hartland around 1:15 a.m. Sunday and found between 20-30 people inside the residence, with loud music coming from inside.

Upon entering the home, deputies had the music turned off then asked who lived there and was responsible for the large gathering. No one present claimed to know who lived at the residence.

As deputies tried to obtain information from the gathering, a male entered the front door, identified himself and stated it was his parents’ residence and he had received a phone call from his sister that her party had grown too large. The man said his parents were currently on vacation in Florida and he was periodically checking on his sister’s well being while they were gone.

According to the deputy’s report, the male said he heard “multiple individuals” upstairs in his parents’ bedroom and requested patrol to remove them. A sheriff’s deputy identified himself and requested anyone who was upstairs to come down stairs, but no one obeyed the request.

The deputy entered the upstairs bedroom and discovered two males hiding inside a closet.

The two were ordered to exit the closet and continue downstairs into the kitchen. One of the males appeared to be intoxicated and became verbally abusive towards patrol and began to yell obscenities as he proceeded down the stairs.

Asked to identify himself, the man replied with obscenities. The male continued to be uncooperative and yelled more obscenities at deputies. Finally, several people identified the man as Zachary Dunn.

Dunn was advised he was under arrest for disorderly conduct, and was ordered to turn around and place his hands behind his back. According to the report, Dunn used another obscenity then said, “ ... take your badge off and I will whoop your ass ‘cause you’re not arresting me.”

Deputies tried to take Dunn into custody by grabbing his left arm and turning him around, but he ripped from their grasp, then allegedly shoved Deputy John Vosburgh, took a fighting stance, and raised his clinched fists. Dunn yelled, “Get some,” and began to advance at the deputy in a threatening manner. With the assistance of Deputy Darryl Kroening, Vosburgh tried to take Dunn to the ground, by each grabbing an arm.

However, Dunn continued to resist, ripped away again and swung his right fist, attempting to strike Vosburgh in the face. The deputy side stepped the punch and attempted to administer a softening strike to the abdomen with a closed right fist in an attempt to gain compliance. Dunn ducked his head in an attempt to tackle Vosburgh, causing the deputy’s strike to unintentionally connect with Dunn’s face in the area of his nose.

Dunn was again ordered to the ground and to stop resisting but he continued to struggle and throw punches at patrol. Patrol was able to wrestle Dunn — who continued to yell obscenities — to the ground and was taken into custody at 1:50 a.m.

He was placed in a patrol car, where he continued to be irate and uncontrollable. Dunn began to scream and violently smash his face off the center partition inside the patrol vehicle and also kicked the side rear windows and partition, all the while yelling obscenities and threats.

Dunn allegedly wiped blood all over the partition and spit in the direction of a deputy.

He faces a felony charge of assaulting a police officer, misdemeanor counts of obstructing governmental administration and resisting arrest, plus a violation for diorderly conduct.

Dunn was transported to Town of Hartland Court and arraigned by Judge Joanne Sullivan. However, deputies reported that due to his uncontrollable state, patrol was unable to remove Dunn from the vehicle for arraignment.

Instead, Judge Sullivan conducted the arraignment in the parking lot of the court with Dunn still in the back of the patrol vehicle.

Dunn was remanded to the Niagara County Jail and held in lieu of $10,000 cash bail. He is scheduled to appear in the Town of Hartland Court on November 20 at 7 p.m.