What a POS client and a special POS lawyer.
NIAGARA FALLS — A man accused of shooting two police officers and his estranged girlfriend has notified the city he might sue for injuries that have confined him to a wheelchair since he was shot by police during the early-morning shootout Feb. 7 on South Avenue.
Adam J. Hamilton, 34, of Niagara Falls, filed two notices of claim Friday that reserve his right to sue for a list of complaints that include negligence, assault with a weapon, intentional affliction of emotional distress, use of excessive force, false arrest and violation of his civil rights.
The notices claim that officers responding to the scene “did carelessly and negligently discharge firearms,” and shot Hamilton in his left knee cap, biceps, left thigh and groin.
Hamilton, who is currently in Niagara County Jail, has pleaded not guilty to two counts of first-degree attempted murder, one count of second-degree attempted murder and one count of aggravated criminal contempt.
Police accuse Hamilton of shooting two officers, Walter R. Nichols Jr. and Michael D. Bird, as well as Stephanie C. Turk, 27, on South Avenue after an attempt to kidnap Turk went awry.
Officers on the scene, police have said, responded with gunfire and struck Hamilton several times.
Hamilton’s attorney, Robert R. Fogg, said he filed the notices of claim to reserve Hamilton’s right to sue if information comes out that confirms police were negligent.
“You never know what’s happened in a case,” Fogg said. “Once information comes out and there is negligence, then it’s too late.”
The notices allege that Hamilton’s gunshot wounds have caused him “extreme physical and excruciating pain, along with extreme distress, mental anguish” and “nightmares.”
They also claim the city was negligent in hiring and training Bird and Walters.
The city, Nichols, Bird and the Police Department are named as respondents. City attorneys declined to comment on the notices of claim.
Hamilton allegedly shot Nichols in his left side between two panels of a bulletproof vest as the officer was getting out of his patrol car. Pellets landed in Nichols’ chest and near his heart muscle, police have said.
Bird was hit with shotgun pellets in the face.
Turk, who has two sons with Hamilton, was also seriously injured during the gunfight.
She had obtained a restraining order against Hamilton in January after he was arrested for third-degree assault and second- degree unlawful imprisonment.
Prosecutors have accused Hamilton to trying to force Turk into the trunk of her car Feb. 7 and shooting her in the foot. They say he then turned one of two guns he had at the scene on officers when they arrived.
Assistant District Attorney Stephen J. Foley has said police found a note in the trunk of Turk’s car that listed three steps, “Pepper spray; handcuff to steering wheel; duct tape mouth.”
Fogg, who declined to discuss details of the Feb. 7 incident, said there are differing versions of the event.
“As it stands right now, considering that there’s a case pending, one never truly knows what happened,” Fogg said.
Next time, if you miss vitals please step on his throat before putting him in the ambulance!!!
What a POS client and a special POS lawyer.
If you don't like gay marriage blame straight people. They're the ones who keep having gay babies.
Wow. This Fogg character really gives the rest of the lawyers a bad name. I wonder how many attorneys this gentleman had to go through to find a guy who would actually have the stones to file a claim notice. Scumbag.
I've seen Mr Fogg in action, I would say nothing to worry about. You will be in a fog after you hear him.
He's trying to get out of jail, as well.
05/01/09 07:20 AM
NIAGARA COUNTY COURT
Cop shooter suspect wants out of jail for ‘proper’ care
By Nancy A. Fischer
NIAGARA NEWS REPORTER
NIAGARA FALLS — Accused cop shooter Adam J. Hamilton was wheeled into a Niagara County courtroom by his attorneys Thursday, claiming he has a shattered leg, is not a flight risk and should be let out of jail on his own recognizance for “proper medical care.”
Hamilton, 34, is being held without bail on two counts of first-degree attempted murder and one count of attempted second-degree murder. He is accused of shooting Niagara Falls Police Officers Walter Nichols Jr. and Michael D. Bird on Feb. 7 when the two responded to a domestic call in which police say Hamilton was trying to kill his estranged girlfriend, Stephanie C. Turk at Turk’s South Avenue home.
Hamilton’s attorney, Derek B. Akiwumi, and co-counsel Robert Ross Fogg said pain medication is being withheld from Hamilton in the Niagara County Jail and that he is in danger of losing the limb to gangrene.
Fogg said there are addicts in the jail who are getting to his client’s medication, but couldn’t say who they were.
“They ingest it right in front of him. It’s outrageous,” Fogg said.
Assistant District Attorney Robert A. Zucco said prosecutors have strong evidence and witnesses in the Hamilton case.
“The evidence will show he shot at a police officer,” Zucco said. “He had two weapons, a .22-caliber and a sawed off shotgun, which he hid. The seriousness of the crime means that he is looking at the rest of his life in prison. He has nothing to lose by leaving the area and we are right near the border.”
County Judge Sara Sheldon Sperrazza ordered that Hamilton continue to be held without bail but added that the defense lawyers raised allegations that need to be looked at. She said she would allow Hamilton’s medical records to be subpoenaed to investigate the matter further.
http://www.buffalonews.com/cityregio...ry/657843.html
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