Saturday, April 16, 2011

Town, PD Sued By Oliva's Family In 2005 Crash

A lawsuit  alleges that former Greece cop Brian Ball wrongly reported there were no drugs or alcohol involved in the crash, while a toxicology report determined the vehicle's driver likely had marijuana in his system.

The suit seeking $10 million claims the town and Greece police botched the investigation into the fatality and then concealed the investigatory mistakes. (Source)

SCATS ~~ Mistakes!? Botched investigation!? In Greece!? OMG! How could this ever happen on your watch, Supervisor Aubirder?


Anonymous said...

So someone smoked some weed before getting behind the wheel and had none on him nor in the car. How the hell would a cop know what they did before a toxicology report came back.

My god, we are only human. Are we too assume that every accident happended over drugs or booze and have a cop arrest them for being under the influence? I don't think so.

This lawsuit is a joke.

SCATS said...

To 8:23PM ~~ Depending upon where you got your info, maybe your comment is the joke. The article clearly states: "A hospital security guard also found marijuana on Kenyon, the lawsuit alleges."

From what I recall in reading about this case when Ball was in trouble 2 yrs. ago, statements were made that empty bottles were in the car and that the medic saw them & smelled it on Kenyon at the scene.

SCATS said...

You might want to read the BLOG link below for more info:

Anonymous said...

More good people that have been victimized by the police department and some of the clowns are still there. I hope I never need them.

Anonymous said...

Mayhaps I've come to be jaded, but I'd damn well like to see the "parents" sue each other for lack of parenting.

Was it they or the police who allowed the girl to ride in the car?

How in hell is it a police responsibility to protect their child from a kid known to be of less than stellar social qualities?

SCATS said...

To 3:24AM ~~ Asking the police to protect her isn't the issue. Asking the police to investigate properly and then charge the guy who harmed her, after the fact, is the issue here.

Anonymous said...

And, if true, once again the good taxpayers of Greece will pick up the tab for the settlement. How many of these financial extras are we supposed to pick u before the taxpayers say, "ENOUGH!"

Anonymous said...

Well, given the impeccable source, the Defecate & Criminal, their assertion MUST be accepted.

Oddly I note the dead girl had reached the age of 18, thereby rendering her "parents" without authority so I find myself wondering about their standing to bring suit.

The next question becomes one of the duty of the police to conduct an accurate investigation, assess blame, and implement prosecution. We all know the police have no duty to do so, and are only secretarial assistants to insurance carriers in terms of vehicle accidents.
Police exist to PROTECT the Government, so sayeth the 9 robed Wizards in DC!

But, lets go all warm and fuzzy for the surviving "parents" who raised their daughter to use poor judgement, and ride in a car with a driver she undoubtedly knew was a doper, and probably had cause to believe was high when the vehicle left her driveway. She elected to get into a known situation, she as an adult under the law made that choice freely, and she got the consequence of that decision. Game over, she did not win, did not pass go, and does not get a do over.

Hospital security guard finds pot, on a patient, sounds like a HCPA situation to me. The guard is employed by the hospital and has no duty or authority to dispense such information without patient consent.

Sorry, nobody other than perhaps the driver and owner of the other car in the wreck should get any benefit here. The only reason the "parents" and their 4th rate lawyer are coming at GPD is because the money is in Greece Taxpayers pockets, and not in the pockets of the 17 YO driver.

NOTICE, the 17 YO driver was ticketed by GPD thereby making for an easy collect by injured parties. These "parents" just want more $$$ than the State Minimum coverage provides.

This suit doesn't pass the STINK test.

Anonymous said...

Funny how it's never the parents fault or the fault of those involved. Always blame someone else. No personal responsibility in this world anymore. $10 million? Sounds like a nice little payday for someone in this sue-happy society we live in. Ball is an idiot and deserved to get booted. But this kid drove drunk or high and got in this accident regardless. We taxpayers shouldn't be punished because of this just so someone can score some coin.

Anonymous said...

3:24 AM

I hope you or your family never have to trust our police department in tragic circumstance like these. No one is looking at the tragic circumstances to a young girls death but the incompetence of the investigation. I do not think it is to much to expect from our high paid police department that they do a complete and honest investigation the first time.

SCATS said...

To 12:51PM & 1:02PM ~~ I strongly suggest you both do some background reading before making your many unfounded and/or inaccurate remarks. I've seen nothing to suggest the girl knew the driver was high before getting into the vehicle. I find it very odd that people want the deceased held responsible in this case, but want to give a pass to someone like Tia Gerstner. I attribute it to the dysfunction that too many of you accept as "normal" behavior in this corrupted town.

By the way, although the driver was ticketed, those tickets were throw out without explanation based on what I've read. Talk about stinky ;) I still say the drug court judge who "mentored" Kenyon is involved in the cover-up related to this case. Someone was protecting his reputation ...?

Anonymous said...

Again I point out the PoPo Man got no duty to protect the citizen. The PoPo man exists to protect & serve the government.

Anyone who expects a PoPo conducted accident investigation to have value when dollars become involved never met the nice people working for Insurance Carriers. The PoPo always look like the beginners they are.

Please SCATS cite me a section of NYS Law placing authority with the PoPo to conduct accident investigations and refine the investigation to a report of fact. It's done as an extrapolation of V&T rules and generally done poorly.

As to the female deceased not knowing the driver was a doper, give me a break. It wasn't their first date, she knew the driver, and probably knew his record as well.

These "parents" are looking for a payday and reaching to the deep pocket.

Anonymous said...

what's unfounded or inaccurate SCATS? Please list specifics with supporting facts and sourcing for said facts. Thank you.

SCATS said...

To 9:10PM & 11:19PM ~~ You both need to re-read what I've written on this thread & BLOG already, instead of blowing off the parts you don't want to hear or deal with. You've ignored my suggestion that you research before engaging your typing fingers. I've told you there is much info archived on the BLOG (and elsewhere too) that counters much of what you say.

To 9:10PM ~~ I'm well aware the PoPo man isn't here to protect us, the taxpaying citizens. I never said he was. Even you cast doubt on your own contention about the girl knowing the driver's alleged propensity to get high, because you used the word "probably" which isn't the same as saying likely or typically or usually. In reality you do NOT know, so stop with your charade of trying the dead.

To 11:19PM ~~ Many of the facts are archived in BLOGs of the past. I've done my research before. Feel free to do yours now.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

It is called official misconduct on the officers part to start with and negligence and maleficence on police departments part. I am sure there is more without wasting the time to look it up, we paid a million dollars for an investigation that uncovered the incompetence of the investigation. Who was made accountable from the investigation? I would guess the parents are not about the money as much as they want some one held accountable. As for the tickets our fine judge that is running for county court threw them out for unknown reasons, I bet if you dug far enough it some how benefited him. SO MAKE SURE YOU GET OUT AND VOTE FOR OUR TOWN JUDGE TO MOVE ON UP!!

SCATS said...

BLOG Administration is reposting an edited version of the comment deleted at 3:09AM below.

Anonymous said...
Charade of trying the dead, I think not. I'm putting forth the facts to the best of my recollection. As I recall the deceased and driver were in an ongoing relationship at the time. Certainly she knew him, and certainly if alcohol containers were in the vehicle she saw them prior to or immediately upon entry to said vehicle prior to the vehicle driving on Cabot Rd. She undoubtedly had the option to egress the vehicle before it moved, and chose not to. In a civil trial that puts her in a shared responsibility situation with the driver.

Unfortunately the 24 page report does not open, I'd love to read it because I'm sure it sheds light.

I also recall Rahn responded to the scene and made command decisions. Without the report we don't know what those were.

I also recall a relationship between one of the xxxxxxx and Xxxx or a politician. The details escape me.

Statements by the paramedic are of little value, paramedics aren't qualified to make such observations public or testify to them thanks to HCPA. Open containers in the vehicle, that standard would allow just about anyone returning empties to Wegmans to be charged. It's a statement of no value.

Blood drawn at the hospital would be definitive, but that information is locked up tight.

Did somebody pull a favor and get a pisspot driver off the hook, it smells that way, but laws and courts don't operate on smell. I continue to say the taxpayers of Greece have no liability in this matter. From what I can recall reading of Balls report at the time my impression was he was completely accurate, and wrote the same report any other street cop would have at the time based on the information available to him.

When good information came known later the duty to charge vehicular homicide landed squarely on DA Greens desk, and evidently he chose to brush it off the desk rather than present to a Grand Jury for some reason.

Bottom line this was a run of the mill traffic wreck just like a lot of others in Monroe County every year. Monroe county doesn't like to charge or prosecute on traffic wrecks. The only way that situation changes is if the TV cameras show up and noise is made. Intent is a bitch to prove with regard to a wreck unless the driver is hauling a carload of Nuns and they testify.

4/18/2011 3:09 AM

SCATS said...

To 3:09AM ~~ Your facts are based on recollection you are uncertain of and assumptions of MANY things. You ASSUME the girl saw an open container IF there was one ... IF is your own word! What IF it rolled under the seat? Oops! There goes YOUR theory! You assume she "had the option to egress the vehicle ..." You don't really know whether the driver took off as soon as the vehicle door closed, do you? Teens are usually in a hurry based on my own observations.

You are correct about the report. I do not believe the 28 pg. report was ever posted by the media. I wrote to a reporter and asked about it several days later, but I was never responded to. Perhaps I'll try again.

You recall a relationship between parties who are peripheral to the accident but can't nail who was actually involved, so that recollection is not only irrelevant but intended to taint someone's reputation and testimony, perhaps??

Re: "Open containers in the vehicle, that standard would allow just about anyone returning empties to Wegmans to be charged. It's a statement of no value." Well if that's the case, why are you trying to pin the possibly of seeing open containers by the deceased on her as a responsibility related issue then? Either those open containers matter, or they don't! You can't pick and choose.

Re: "From what I can recall reading of Balls report at the time my impression was he was completely accurate, and wrote the same report any other street cop would have at the time based on the information available to him." Well, what I recall reading after Ball was fired by GPD is that he signed off ... i.e. closed out the report as "completed" in one hell of a hurry with his conclusion that there was nothing in the report and that became problematic because the toxicology reports arrived back 2 weeks later showing the kid wasn't clean! Why would he close that case out when he knew it was incomplete? Why would he overtly lie about that, knowing the report could come back later? Something smells very fishy about that and I think it will matter going forward because this case isn't "like a lot of others in Monroe County every year." This one is tragic and the investigation was botched/flawed!

Anonymous said...

Well nos SCATS, first of all,
Nothing is tragic unless my beautiful ass is bleeding or being shot at. Anything else is just another job. Only ones that get to me in the slightest are small kids getting hurt or screwed over, but since the fine haired people looking over my shoulder won't let me solve those problems I pretty much learned to not care.

You might stretch tragic to the dead girl in the wreck among most of society, but calling Ball's work product from his investigation tragic clearly shows you don't know how the system works. I do know Ball had 3 stripes on his shoulders, and that means he might be able to close a car door, but he damn well cannot close a fatal. Balls work would automatically be reviewed by a Lt, and most likely in GPD's structure the Chief too. They might both sign off, but the job still goes to the DA. Fatals create a lot of paperwork.

Balls report, along with the ME report would both go to the DA, and the 2 better line up.

SCATS said...

To 9:08PM ~~ You have a decided propensity for putting words into my mouth which causes me to view much of the rest of what you say with great suspicion! What I called "tragic" was the case, not Ball's investigation of it. That was what I called botched ;)

You claim Ball couldn't "close a fatal" but you ignore the fact that little was working as it should within GPD at the time and it doesn't seem like the DA or ME or anyone else was paying any attention ;)

Anonymous said...

"" You claim Ball couldn't "close a fatal" but you ignore the fact that little was working as it should within GPD at the time and it doesn't seem like the DA or ME or anyone else was paying any attention ;)""

Will it shock you to learn the next to be appointed Title III Judge in the Western District of NY has put forth a directive that NOTHING that might put stink on his appointment is to surface if it can be cloaked?

Would it shock you to learn the UofR stabbing death that just wrapped has half of MGs people wishing they had no billed it out of Grand Jury?

Fortunately for MG the public believes his office works like Law&Order on TV and Mike will never again need to campaign.

`You have no idea SCATS. If a few people were sure the MDT traffic would never be cracked the system would have capacity for a Do Not Arrest list in the car. They already think digital radio is wonderful because Bearcats can't hear what is said.

The only tragedy is the public believes they are safe.

SCATS said...

To 12:46AM ~~ Nope, none of that would shock me at all. It's business as usual in the corrupted County of Monroe.

Anonymous said...

just wondering how anyone can get from the idea that a police officer mishandled/botched/falsified (take your pick) an investigation to the Town of Greece owing anyone $10 million.
If I am not mistaken, this poor girl was dead before the investigation started.
The quality of the investigation, or lack thereof,had nothing to do with the death of the girl.
This a clear money grab by a family who can't let go.
Why exactly are they suing?

SCATS said...

To 12:30PM ~~ First you state as fact why they are suing: "This a clear money grab by a family who can't let go." and then you ask: "Why exactly are they suing?" Are you sure you REALLY want your question answered? I'm not so sure that you do.

What seems clear to me is what they learned during the meltdown of GPD 2 yrs. ago: They learned that the police dept's handling of things raised a lot more questions than it answered. They learned that the people handling this investigation had done things causing the Town of Greece to fire them, prosecute them, etc. They learned that the "investigation" that transpired was less than meticulous. They learned that they are left with even more questions than answers even after talking to Baxter ...

Maybe they are entitled to a "money grab" for the added suffering caused by how they have been jerked around over the last half dozen years.

Anonymous said...

Reading an article from 2009, the family of the girl were dependent upon the investigation showing the driver was under alcohol for insurance to sue. Since the police found no alcohol or other intoxicant, the insurance decided not to sue. Therefor it is the botched investigation that hampered the American right to sue for these people and that's why they hold the town and police department liable. They will have a solid case. This will probably be settled out of court.

Nick said...

One thing I like to say about the death of my daughter Stephanie Oliva. It is not the money. I was rich when she was alive. No money or anything on this earth would touch how much my daughter is worth. I rather be living in a box and have her with me today. Now,I will be rich again. No money will ever replace her. It's blood money on my daughter. It is the idea of how we were kept in the dark of every question from day one and how the driver was arrested at the hospital that night for man slaughter, then removed and given two tickets. They were thrown out also. My daughter had not seen the driver till 9:40 pm that night and she would have never gotten into his car if she knew he was drinking. I was a mother that watched every move of all three of my children. I was involved in their schools and their life. We were sport booster president for 5 yrs. Just to be in their life and know their friends. But if you remember being a teenager. A parent can not be with their teenager every minute. She had rules to live by in our home. She had a curfew at 18 yrs old. My daughter never had a boyfriend till she met Chad Kenyon. She was with him for a couple months and he took her life. Yes it was a accident. But what caused the accident? what were both drivers doing or were they high or drinking? We never will no. Be cause the police never did their job and most likely it was covered up for some reason. The police never gave the other driver that hit her car a test at the scene because he says he had a beer at dinner? Wow, A girl dies from his truck and he is coming from a bowling alley and never tested? Why? But he went back to the bowling alley the next day with his arm in a sling. His girlfriend in the truck, they broke up over the accident and she also went to see my daughter at the cemetery, why? guilt maybe? She wont talk but cries. We have been kept in the dark from day one and treated very rudely from Officer Ball. He did not do his investigation right at all for some reason?. Two yrs. latter when the town got investigated. That is they saw my daughter's report and could not believe how poorly the report was. We tried to get a investigator from day one through our lawyer and he had our money. He played us as well. Never hired an investigator. He invested our money for him self. We kept calling him and he kept telling us things we wanted to hear, all lies, but when you are lost in a frozen stand it's not easy to realize what he was doing. After we found out what he was doing. We got another lawyer and took this lawyer to court and he had to pay us back plus interest and had a grievance letter put into his file. Right after that, He dies of a major heart attack. He happened to be working in Greece. So as being money diggers on my daughter's death. You are so wrong. We were kept in the dark with every question we asked. I knew in my heart from the beginning things did not smell right.But you think you can trust your lawyer. When your life has stopped it is harder to think. My daughter or my sons are not perfect young people. But they know right from wrong.I know she would of not gotten into his car if he was drinking. But it turns out after the case was closed. Chad Kenyon's toxicology test comes back high on THC. But the case was closed. My daughter was not with him all day to know if he was smoking. She was in school till 4pm and he went to work at 4 pm. He came and picked her up right from work which he worked around the corner from us. DA Green Plays a little bit then says The case is dropped. Why? We had many questions and never any answers. This was more then just an accident and a stupid young girl. Their was Greece police, two driver and two yrs latter find out Rahn was at the scene with the other driver. Anthony DeCarlis and never was tested at the scene. Why?
You have no idea of the full story or what we have gone through or found out. We still don't have all the answers because things were cleaned up. Lost of time has hurt us.

Nick said...

Though we tried from day one and was cheated. Ridge Rd was all redone. The officers knew that was happening with the Rd. Another good way to cover up this accident. So please don't make it out we are out for the money. For 5 years all we have done is look for the truth. Never any money. The other driver, Anthony DeCarlis who hit my daughter that was driving the SUV was coming from Dom's bowling ally and was speeding and had pot on his person when he arrived at the hospital. That is recorded but the pot was destroyed (evidence). Who did that?
We are good parents and you can not be with you grown child when they go out. In your mind it was an accident and don't know any facts or what we are living through. You think that money will change our life, NEVER!!! We are parents and I will be a parent till the day I die and a good parent. Money will never replace her. it is all about how we were cheated by the people who serve out town. Never protected us as parents who lost a daughter. I would never wish this on my worst enemy. So if we are human and can get into a car after smoking weed or drinking and it's covered up, It's ok? It's just an accident and my daughter should have known when she had not seen this kid all day till 9:40 pm and killed at 11:10 pm and we are not told till 1:30 am she is gone. Never even told us where she was. So how is that from our police officers and not answer our calls? The funeral home told us where she may be. Money will not bring her back. The corrupt officers will not bring her back. We are suing for the way we were treated and never told a thing and kept in the dark. We were cheated all the way around. Not because we are bad parents or she was a dumb teenager. She or us never deserved this. I am a tax payer here also.
Some of you are not any different then the Greece police.

Nick said...

This accident has nothing to do with lack of parenting. Nor shell we be suing each other. It has to do with stupidity of drivers and how the case was taken care of by our police officers to be here to serve and protect. No one in the justice system did the work properly. Have you seen the moving " The Lincoln Lawyer"? I just did. I could not believe what this movie was about.( watch it) The Greece officers got caught because they were covering for one of their own who hit a pregnant women and tried to hide it. Our accident was done the same way. Both drivers, DeCarlis had pot on him and we will never know if he was drinking or smoking his pot before he got in to his SUV? They never took a test on him at the scene. They did on Kenyon. Kenyon was clean of alcohol. Then latter his blood test came back high on THC.

Why wouldn't any officer talk to us? Maybe Rahn told them not to or they can lose their jobs? Not sure? I wanted justice on the drivers when I hear that Anthony DeCarlis came from a bowling alley and Bath Tub Billy's and then racing at Fetzner at the light. Plus found pot on him at the hospital. But now the case is closed and we were told by Ball nothing can be done and sorry for our loss and to move on. Nice guy. Which took for ever for him to take our calls.
So this has nothing to do with bad parenting. It has to do with a bad lawyer, bad officers and covering up the drivers for some reason. The drivers are walking and living as nothing has happened. The officer live with a badge and use if for power and do as they please in what ever case they want to do it with. If it wasn't for the pregnant women who was hit by Nick Joseph. This investigation may have never happened.
All I wanted was the truth when you know something was not right and pages are missing from the police report. Ridge Rd was never measured correctly by Ball. He did it with a pen on his police report. he drew it out. What a great job that was and telling us how the accident happened. (So poor).They have expensive equipment that they have to use on accidents sites for the roads. Ball never used it. Seems everything is covered up or disappeared and we have nothing. Except enough to show they were incompetent and covering up this accident. I never started out for a law suit. I started out for justice.
PS. I am a good parent. I decided to be a good parent from the first day I had my first child till the day I die.
I never got any justice for either driver who did wrong and they are alive and well. My life has stopped. My future was altered in the worse way that life can ever give. You would never want this journey. So don't judge me. I did not do wrong or cover up or incompetent or the drivers.
Please don't judge anyone who has had a tragedy as losing a child and never got any answers. Because this was not just an accident.
I am a tax payer also. I pay plenty of taxes in this town and then treat like we were noting and just tell us to move on with our life and for get what happened when you know many things were wrong? Don't judge unless you have real facts on this case.

Nick said...

The D & C made a mistake on the story of Kenyon and was found with marijuana on him at the hospital. It was printed wrong. It was Anthony DeCarlis who had the marijuana on him. We got the new police report page that was missing saying Anthony DeCarlis was found with Marijuana. This page was missing the whole time. It was found during the investigation. The security guard has it logged in his book, But the marijuana was destroyed by some one. Their is always some one on the inside. This is why I questioned, why wasn't DeCarlis ever tested atthe scene? He was asked if he was drinking which says it in the report and he answered. He had one beer at dinner time. so that gave them enough reason not to test him. Though my daughter was just killed by his SUV. We will never know if he had alcohol in him coming from a bowling alley and Bath Tub Billy's. We will never know if he was speeding . His black box was missing from his SUV then found
tampered with. It was sitting in his insurance company and he has an Aunt who works their. His truck was never shrunk wrap b/c the officers felt their was no reason to and DeCarlis was clean of everything by their assumptions. Not any testing done at a tragic accident. Ridge Rd
was never measured for the cause of this deadly accident. Was DeCarlis high on marijuana? He had some in his pocket. But we will never know. My daughter wasn't in his truck to make a choice to drive with him. Kenyon made a left hand turn with a on coming vehicle coming towards him. But how fast was DeCarlis going, Was he drinking coming from a bowling alley an Bath Tub Billy's? Was he high? GPD never checked for their reasons. So we will never know thanks to the GPD, (Ball and Rahn) No matter what he should have been tested when some one is killed. All drivers are suppose to be tested at a deadly accident scene. No one alive that was involved with this accident including the GPD is innocent. Everyone involved knows something and all protecting each other on a young girl's death. All I have now is justice through Gods eyes. No I don't need a parish priest. I have god in my life and heart. He know the truth and his justice will be done on his time. I just wish I was able to have answers on both drivers and why things are kept secret? I don't have deep pockets on my daughter's death. We were cheated by people who are heartless and so was my daughter. Even if she was bad and not smart or bad news. Which she was none of those, But she did not deserve this either. I am her voice Not any of you. You don't live this path by people who did wrong or have no proper answers to say it was just an accident.
Again this is not Nick.

Nick said...

Yes, it was a car accident. Their are people accountable for this accident and their are people who knows the truth about this accident. Ball, may think in his head he did everything right because he had Rahn next to him and he may have been being told what to do for DeCarlis. Which if he was following orders from Rahn. Ball was still wrong in doing so and Kenyon has some one else that helped him along in his accident. Maybe his mentor and the Judge who had Kenyon in his rehab trial and Kenyon was the poster child for this judge. An accident with many questions and many people in this town know this case was messed up.They know the system stinks. They never even seen the report. They also know things in this accident stink. Their are just a few of you who don't.

An accident but don't have any answers for one question.
You and Ball can think he did his job right. If he did he still be an officer with his 3 stripes. Wonder who gave those to him? Some one with the last name Rahn and Auberger? I wonder? Still no trust in this town. Suck ups and rubbing each others back. No hearts! pretty sad humans live like this. I have to trust in God now. He is all I have that knows the truth.
Again I am not Nick.