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East Longmeadow street closure announced

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Part of Westwood Road will be closed due to paving preparations.

EAST LONGMEADOW - Westwood Road from Vineland Avenue to North Main Street will be closed to through traffic on Monday and Tuesday.

The road will be closed from 7 a.m. to 5 p.m. Traffic heading east will be detoured north to North Main Street via Vineland Avenue and traffic heading west will be detoured south to Maple Street at the rotary, according to Department of Public Works officials.

The road is closed while Lane Construction is preparing the section of the street for paving, officials said.

The road will be reopened to traffic at the end of the day.

Residents are advised to seek alternate routes on Monday and Tuesday to avoid traffic delays.


Houston shooting: Man who killed 8 had a fight with female victim

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A family of six children and two parents were fatally shot in the head at a Houston home by a man with a violent criminal history who had previously been in a contentious relationship with the mother, authorities said Sunday.

HOUSTON -- A family of six children and two parents were fatally shot in the head at a Houston home by a man with a violent criminal history who had previously been in a contentious relationship with the mother, authorities said Sunday.

David Conley, 48, was charged with capital murder in the deaths. Most of the victims had been handcuffed and some had been shot multiple times, said Sgt. Craig Clopton, the lead investigator for the Harris County Sheriff's Office.

The dead were identified as Dewayne Jackson, 50; his wife, Valerie Jackson, 40; and their children Dewayne, 10; Honesty, 11; Caleb, 9; Trinity, 7; and Jonah, 6. Also killed was a 13-year-old, Nathaniel, who was believed to be Conley's son from the relationship with Valerie Jackson. The sheriff's office had earlier said that there were three adults and five children killed.

"We do not -- cannot -- fully comprehend the motivation of an individual that would take the lives of so many innocent people. Especially the lives of the young ones," said Chief Deputy Tim Cannon of the sheriff's office. "The killer's motives appear to be related to a dispute with Valerie, who was his former domestic partner."

Conley, who is being held in Harris County Jail, didn't appear at a court hearing Sunday where an arrest affidavit was read. The judge denied him bond. Conley doesn't yet have an attorney.

Authorities were first alerted about a problem at the home when a relative of Valerie Jackson's contacted the sheriff's office to conduct a welfare check.

"Upon arrival, deputies made multiple attempts to establish contact with residents inside the home. No contact was made during the primary attempts to investigate the welfare of those residents," Cannon said.

After authorities learned that Conley, who had once lived in the home, had a warrant for his arrest for an assault charge, the sheriff's office High Risk Operations Unit was called.

"While awaiting response for the (unit), the body of an unidentified child was observed through a window at the residence," he said. "Deputies on scene forced entry into the home and were immediately met with gunfire. The deputies withdrew from the home ... and awaited the arrival of the" unit.

A standoff ensued for several hours between Conley and authorities until Conley surrendered, said Clopton.

Investigators declined to say when on Saturday the victims were shot or if any victims were alive when deputies first tried to enter the home.

Conley told authorities that he discovered on Saturday morning that the locks had been changed at the home after he had moved out. He entered the home through an unlocked window, according to the affidavit.

Court records show Conley's criminal history dates back to at least 1988, with the most recent incident last month, when was charged with assault. In court documents, authorities said Conley had been arrested for allegedly assaulting Valerie Jackson. The attack happened at the home where the bodies were found; documents say the two were dating.

Court documents said Conley pushed Valerie Jackson's head against a refrigerator multiple times after she tried to stop him from disciplining her son with a belt. The case was still pending.

In 2013, he was charged with aggravated assault for threatening Jackson with a knife. He pleaded guilty and was sentenced to nine months in the county jail.

In 2000, he was arrested for retaliation, accused of putting a knife to his then-girlfriend, threatening to kill her, her baby and himself. That came after she filed an assault charge against him for cutting her with a knife and punching her in the face. He was sentenced to five years in prison for retaliation. It was unclear if that woman was Valerie Jackson.

Clopton said Valerie Jackson and Conley were in a relationship, which ended, and "then (Dewayne Jackson) began a relationship with Valerie, which led to five children. At some point that relationship ended and the defendant began another relationship with Valerie. At some point that broke down," Clopton said.

Authorities declined to comment on assault charges Conley had faced in the past in connection with his relationship with Valerie Jackson or say what prompted relatives to worry and request that deputies be sent to the home on Saturday.

The area around the home was cordoned off Sunday, with sheriff's deputies coming in and out of the house and the medical examiner's office later removing the bodies.

Neighbor Dalila Mercado said she didn't know the residents of the house well but would occasionally say hello to Valerie Jackson and see her children waiting to catch the school bus.

Ferguson protest turns violent; officer facing 'heavy gunfire' returns shots

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Shots were fired Sunday night at a police officer in Ferguson, and the officer returns fire, authorities said.

FERGUSON, Mo. -- The anniversary of 18-year-old Michael Brown's death in Ferguson, Missouri, began with a solemn march in his honor and ended with a rowdy protest that was interrupted by gunfire.

Shot rang out around 11:15 p.m. Sunday as several hundred people gathered on West Florissant Street.

St. Louis County Police said in an emailed statement that an officer who came under "heavy gunfire" had returned shots.

It wasn't immediately clear whether any one was injured in the shooting, but minutes after the shots were heard, an Associated Press photographer saw a man lying face down, covered in blood, behind a boarded-up restaurant. It wasn't immediately clear how badly the man was injured.

Later, an AP reporter saw a woman overcome with grief. Friends were consoling her. She screamed: "Why did they do it?" Another woman nearby fainted.

A man nearby said, "They killed my brother."

The police department tweeted that at least two unmarked cars were hit by gunfire. A spokesman didn't immediately respond to questions about the shooting.


Several events earlier Sunday marked the anniversary of the killing that cast greater scrutiny on how police interact with black communities. Brown's father, Michael Brown Sr., led a march through town after a crowd of hundreds observed 41/2 minutes of silence.

The group began their silence at 12:02 p.m., the time Brown was killed, for a length of time that symbolized the 41/2 hours that his body lay in the street after he was killed. Two doves were released at the end.

The elder Brown then held hands with others to lead the march, which started at the site where his son, who was black and unarmed, was fatally shot by Ferguson officer Darren Wilson on Aug. 9, 2014. A grand jury and the U.S. Department of Justice declined to prosecute Wilson, who resigned in November, but the shooting touched off a national "Black Lives Matter" movement.

Pausing along the route at a permanent memorial for his son, Michael Brown Sr. said, "Miss you."

He had thanked supporters before the march for not allowing what happened to his son to be "swept under the carpet."

Later, a few hundred people turned out at Greater St. Mark Family Church for a service to remember Brown, with his father joining other relatives sitting behind the pulpit. Anthony Gray, a Brown family attorney pressing a wrongful-death lawsuit against Ferguson, Wilson and his former police chief, suggested that justice will be served on Michael Brown's behalf.

Gray told the crowd: "You knew in your gut that (the shooting) wasn't right. And you knew what that officer did was unjustified."

The two-hour commemoration, featuring a mime dance and a rap-infused version of "Lean on Me" peppered between reflections about Brown, thinned as it wore on. Roughly 50 still remained by the time Michael Brown Sr. was finally handed the microphone to thank attendees and close out the event, saying, "This movement is going to be a good movement."

The anniversary has sparked days of renewed protests, though until Sunday they had been peaceful and without any arrests.

Before the shots were fired, protesters were blocking traffic and confronting police. One person threw a glass bottle at officers but missed.

For the first time in three consecutive nights of protests, some officers were dressed in riot gear, including bullet-proof vests and helmets with shields.

Organizers of some of the weekend activities have pledged a day of civil disobedience on Monday, but have not yet offered specific details.

Earlier, at the march, some wore T-shirts with likenesses of Brown or messages such as "Please stop killing us" or "Hands up! Don't shoot!" which became a rallying cry during the sometimes-violent protests that followed the shooting a year ago.

But the focus of the weekend has largely been on Brown, who graduated from high school weeks before the shooting and planned to go to trade school to study to become a heating and air conditioning technician.

Relatives and friends described Brown as a quiet, gentle giant who stood around 6-foot-3, weighed nearly 300 pounds and was eager to start technical college. But police said Brown stole items from a convenience store and shoved the owner who tried to stop him on the morning of Aug. 9, 2014. Moments later, he and a friend were walking on Canfield Drive when Wilson, who is white, told them to move to the sidewalk.

That led to a confrontation inside Wilson's police car. It spilled outside, and Wilson claimed that Brown came at him, menacingly, leading to the fatal shooting. Some witnesses claimed Brown had his hands up in surrender. Federal officials concluded there was no evidence to disprove testimony by Wilson that he feared for his safety, nor was there reliable evidence that Brown had his hands up in surrender when he was shot.

The shooting led to protests, some violent, and the unrest escalated again in November when a St. Louis County grand jury determined that Wilson did nothing wrong. He resigned days later. The November riots included fires that burned more than a dozen businesses.

The Justice Department reached the same conclusion in March, clearing Wilson. But in a separate report, the Justice Department cited racial bias and profiling in policing as well as a profit-driven municipal court system that often targeted black residents, who make up about two-thirds of Ferguson's populace.

Ferguson's city manager, police chief and municipal judge resigned within days of that report. All three were white. The new judge, interim city manager and interim police chief are all black

North Adams pair arrested in heroin raid

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NORTH ADAMS— The Berkshire County Drug Task Force arrested two North Adams residents Thursday night after a search warrant was executed at an Angeli Street home. Heroin and cash were seized in the raid, police said. North Adams police said warrants were sought after a lengthy investigation into drug sales at that address. Members of the North Adams Police Department,...

NORTH ADAMS— The Berkshire County Drug Task Force arrested two North Adams residents Thursday night after a search warrant was executed at an Angeli Street home. Heroin and cash were seized in the raid, police said.

NA bust.jpgAngelique Alcombright 

NA BUst II.jpgGeorge Chapman 

North Adams police said warrants were sought after a lengthy investigation into drug sales at that address. Members of the North Adams Police Department, Massachusetts State Police, the Berkshire County Sheriff's Department and the State Police Community Action Team effected the raid just after 10 p.m. Thursday night, and found some 400 bags of heroin along with nearly $1,300 in cash at the 66 Angeli St. home.

George Chapman , 30, and Algelique Alcombright, 28, were arrested at the scene. Each has been charged with possession to distribute a Class A substance and conspiracy to violate the Controlled Substance Act. Both were ordered held in lieu of $25,000 cash bail pending pretrial conferences.

Vermont motorcyclist killed in crash

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WESTMINISTER,VT— A 26-year-old Westminister, Vermont motorcyclist was killed Sunday evening when the motorcycle he was riding collided with an SUV, and he was thrown from the bike and died from injuries sustained on impact. Vermont State Police said Benjamin Watkins, was wearing a helmet as he rode his 2009 Yamaha R6 motorcycle on Kum Hattin Road in Westminister. The...

WESTMINISTER,VT— A 26-year-old Westminister, Vermont motorcyclist was killed Sunday evening when the motorcycle he was riding collided with an SUV, and he was thrown from the bike and died from injuries sustained on impact.

Vermont State Police said Benjamin Watkins, was wearing a helmet as he rode his 2009 Yamaha R6 motorcycle on Kum Hattin Road in Westminister. The bike collided with a Ford Explorer, operated by Morgan S. Porter, 26, also of Westminister. The motorcycle sustained only minor damage, but Watkins was thrown from the bike which resulted in his death.

Police said the speed of the motorcycle at the time of the crash appears to be major factor in the collision.

Westminister is in southeastern Vermont.

The incident remains under investigation.

Getting the dough right for 37 years: Italian Bread Shop in Springfield rolls with consumers' changing habits

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People ask Joe Santos all the time for the recipe for the star bread at his Italian Bread Shop in the Forest Park neighborhood, but you could never roll the dough the way he does. Watch video

SPRINGFIELD -- People ask Joe Santos all the time for the recipe for the star bread at his Italian Bread Shop.

But even if he could give it to you - it's mostly in his head, and he measures flour and sugar by the the scoopful relying on look, feel and experience - yours wouldn't turn out right at home. The dough would never get the right consistency.

"It's rolled. You see. I'll show you," Santos said.

He flipped a switch on the wall in a back room of his shop at 187 Orange St. A giant machine came to life with a start and started rumbling like a hungry beast.

"You see? The dough gets rolled in there," he said. "That makes the dough right."

At age 78, Santos has been rolling dough and baking bread and pastries his whole life. His father had a bakery in the Dominican Republic. When he came to Springfield, he worked in Italian bakeries downtown.

He went out on his own and opened the Italian Bread Shop in 1978, and it's been at the Orange Street location ever since.

Working in those Italian bakeries is the reason why English is really his third language. He learned it only after speaking Italian at work on top of his native Spanish.

On a recent morning, he has mixing up sweet yellow dough for pans of cornbread, best served toasted and hot with butter. He insisted that visitors try a wedge-shaped piece of his  bread pudding, sticky and sweet and heavily laden with raisins.

As he worked, the dry smell of flour clouds in the air was slowly replaced by the unmistakable aroma of bread.

There are no timers. Santos knows when things are ready by look and feel.

His daughter, Jenny Santos-Fusco, said he starts baking before 5:30 a.m. There are no employees anymore, just Joe, wife Christine, daughter Santos-Fusco and occasionally her sons.

The first customers arrive by about 6.

For years, Amadu Talla has been one of those early morning customers, buying fresh French bread for his family of four children. Talla, who teaches Spanish and French, brought the habit of getting fresh bread each day from his native Senegal in West Africa.

"You know what a French breakfast is? No bacon and eggs. You get your French bread and maybe some croissant," he said. "That's what I love about this place. They have  saved my life many times."

But Talla's morning trips to the bakery are coming to an end. He's moving to Exeter, New Hampshire for a new teaching job.

"I know I'll be be back," he said.

Talla's not the first customer the Italian Bread Shop has lost. People used to line up every morning, Santos-Fusco said.

Now, they line up only at holidays, especially Easter when it's time for decorated wreath-shaped loafs with embedded Easter eggs.

"We can bake more," Joe Santos said. "But people don't buy. There is too much competition."

Santos-Fusco said people are less likely now to do a lot of shopping in this part of the Forest Park neighborhood.

"The neighborhood has changed," she said. "But we have people who come from Longmeadow and Wilbraham."

And the customers are loyal. When the shop's slicer broke, losing a blade resulting in some really thick slices, a loyal fan found a replacement for sale online and even went and bought it and brought it back.

There are also restaurant customers. And Santos recently started baking ciabatta rolls for the Pride convenience store chain. Santos-Fusco said a Pride executive was a regular customer and turned to the Italian Bread Shop when the chain's old ciabatta supplier proved unsatisfactory.

Santos' family also developed a challah bread recipe to meet demand for the traditional Jewish braided bread. They bake it on Thursdays and Fridays.

Joe Santos credits the challah's success to his Jewish-German grandfather back in the Dominican.

Santos-Fusco said they tested the challah out on friends and neighbors.

"Then we tweaked the recipe," she said. "But pop figured out how to braid it right away."


WMass Correctional Alcohol Center debate continues: Springfield mayor, Hampden County sheriff to meet with North End residents

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A meeting will be held at Gerena Middle School Monday at 5:30 p.m. to further discuss the issue.

SPRINGFIELD — Several weeks ago residents flooded a Springfield City Council meeting asking the councilors and Mayor Domenic J. Sarno where they stand on the relocation of the Western Massachusetts Correctional Alcohol Center to the city's North End neighborhood.

Sarno responded with a letter supporting the move and Hampden County Sheriff Michael Ashe and city councilors do not have an official position on the project.

Residents, with the help of Neighbor to Neighbor, then communicated with local legislators state Rep. Carlos Gonzalez, D-Springfield and state Sen. James Welch, D-West Springfield, and sent letters to Sarno requesting a meeting to discuss the proposed project.

Tonight Sarno, Ashe, and local legislators will meet with residents to address their concerns about the project. The meeting begins at 5:30 p.m. at Gerena Middle School.

Maria Perez, president and founder of Women of the Vanguard Inc., a grassroots organization which has led the effort to get answers about the project, is disappointed by the length of time it has taken to get Sarno and other key officials in the same room.

Perez, who held a meeting at Gerena on July 15, said she invited the mayor and local legislators to attend that meeting and only two Springfield City Councilors attended.

"It's unfortunate because we had a meeting where 220 people attended and we sent out invitations to all city officials and in attendance were only Kateri Walsh and Bud Williams and at that point we were looking for answers about the process,"she said.

Perez, like many residents, feels the relocation process was not presented to them in a timely or thorough manner.

"We have not received any information whatsoever about what is the process except for a letter that the sheriff department has been giving out to individual people he's meeting with."

The letter Perez is referring to is a document circling in the community with a statement by Ashe about the center. Although the Hampden County Sheriff's Department spokesman Richard McCarthy declined comment to a reporter for The Republican and Masslive.com on Friday, the letter, featuring the sheriff department's letter head, expresses his frustration at having to leave the Howard Street location where the facility was placed 30 years ago.

"...our move from our Howard Street Massachusetts Correctional Addiction Center (sic) was not a voluntary one; it was forced by the entrance into the neighborhood of the MGM casino. We would have been perfectly content to stay at Howard Street site for another hundred years, if we hadn't been forced to move."

The letter goes on to explain the effort made by the sheriff's department to relocate the facility in the South End of Springfield, particularly a facility on Mill Street that would have been renovated.

According to previous articles printed in The Republican the property on Mill Street was owned by Mill Street Innovative Housing LLC., which sold it to Blue Tarp Redevelopment LLC, MGM's real estate arm, for $450,000 in November. The transaction closed shortly after the casino repeal effort was defeated in a state-wide vote.

The property was once a nursing home, but became a temporary dormitory for Six Flags New England amusement park workers during the mid-2000s. Later it became a post-release home for prisoners exiting from the Hampden County House of Correction.

In 2013, the Springfield City Council defeated a proposal to turn the vacant building into a group home with a unanimous vote. Despite past opposition to use of the building as a group home, the general feeling among city officials was that Ashe is a good neighbor and the presence of his deputies had the potential to uplift an area, especially this particular stretch of Mill Street.

However while an affiliate of the program's current landlord had the low bid on renovating the Mill Street property, Ashe said he got the call in February of this year that they had pulled out at the last minute. The facility was eventually relocated to its current temporary location at the former Geriatric Authority in Holyoke.

"Despite our best efforts, we couldn't make the Mill Street site happen. Let me tell you one thing that did not happen when the South End site fell through: We didn't turn around and say 'what neighborhood can we impose this on?" the letter states.

Ashe goes on to tout the benefits of a "community corrections" program including a 12 percent less recidivism rate than those in a traditional incarceration setting.

Tonight's meeting is open to the public and begins at 5:30 p.m.

What's the word on origins of dictionary? Merriam-Webster president to explain

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Morse will also talk about the challenges of revising the 2,662-page unabridged dictionary on the occasion of the milestone anniversary.

SPRINGFIELD — The origins of the modern dictionary will be explored by Merriam-Webster President John Morse during a presentation set for 6:30 p.m. on Wednesday, Aug. 12, at the central branch of the city library.


Merriam-Webster
is celebrating its 150th anniversary this fall and Morse is expected to address how the dictionary reflected the times in which it was created including the turmoil of the Civil War.

Morse will also talk about the challenges of revising the 2,662-page unabridged dictionary on the occasion of the milestone anniversary.

The event is free and open to the public.

The dictionary publisher has been keeping up with the times over the last century and a half, adding new words that reflect changing times and technology.

In 2014, the company added more than 150 words including hashtag, selfie and social networking.

Merriam-Webster recently teamed with Encyclopaedia Britannica Inc. to launch a free English language learning app and site, "Nglish, " designed especially for Spanish speakers. The app is available online and Google Play.

The company won industry recognition for the app which offers full bilingual text translation as well as a tailored learning experience, allowing users to learn the words they want on their own schedule.

George and Charles Merriam opened a printing and book selling business called G. & C. Merriam Co. in 1831 in Springfield

The company was renamed Merriam-Webster, incorporated in 1982 and has been in continuous operation since then.



Chicopee City Council to debate settling federal lawsuit filed against police

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CHICOPEE – The City Council has scheduled two back-to-back meetings Monday to discuss settling the federal civil rights suit filed by a Holyoke woman who was grabbed by the throat by a police officer during a 2013 arrest. The city's law department has reached an out-of-court settlement with Maylene Maldonado, who said her civil rights were violated when police Sgt....

CHICOPEE - The City Council has scheduled two back-to-back meetings Monday to discuss settling the federal civil rights suit filed by a Holyoke woman who was grabbed by the throat by a police officer during a 2013 arrest.

The city's law department has reached an out-of-court settlement with Maylene Maldonado, who said her civil rights were violated when police Sgt. Daniel Major grabbed her by the throat and pushed her to the floor when she was being booked on a charge of assault on a police officer.

Maldonado originally sued the city and eight different police officers for $1 million. Judge Michael A. Ponser later dismissed charges against five of the officers, leaving Major, Officer John Birks Officer Ryan Moran and the city as defendants, according to court documents.

The city has agreed to pay Maldonado, of Holyoke, $135,000 to settle the suit.

The City Council was asked to allocate the $135,000 from the stabilization fund on Aug. 4. In a 7-6 vote, councilors decided to delay the decision so they could get more information about the suit.

During the meeting Thomas Rooke, the lawyer representing the city, urged the City Council to approve the money.

"This is the best settlement the city could reach," he said.

Police Chief William R. Jebb agreed that settling the suit is the right thing to do.

"It is money well spent," he said. "There are so many issues wrong with that case."

He declined to talk about details of the case in public.

City Councilors were divided about delaying the decision. Some wanted more information before allocating the money and others saying they wanted to settle it as soon as possible so the offer is not withdrawn.

"No matter what questions we ask it won change the $135,000. I think we should pay the bill," City Councilor Robert J. Zygarowski said.

The City Council has scheduled a finance subcommittee for 6:30 p.m. Monday, which may be held in closed session to discuss the litigation, which is allowed under the state Open Meeting Law.

It has scheduled a special meeting of the full 13-member City Council for 7 p.m. Both meetings are in the Council Chambers on the fourth floor of City Hall.

Police: Man shot near Ferguson protest on anniversary of Michael Brown's death critically injured

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A man who authorities say opened fire on officers in Ferguson, Missouri, on the anniversary of Michael Brown's death was critically wounded when the officers shot back, St. Louis County's police chief said early Monday.

By JIM SALTER & JIM SUHR, Associated Press

FERGUSON, Mo. (AP) -- A man who authorities say opened fire on officers in Ferguson, Missouri, on the anniversary of Michael Brown's death was critically wounded when the officers shot back, St. Louis County's police chief said early Monday.

Chief Jon Belmar said at a news conference that officers had been tracking the man, who they believed was armed, during a protest marking the death of Brown, the black, unarmed 18-year-old whose killing by a white Ferguson police officer touched off a national "Black Lives Matter" movement.

The man approached the officers, who were in an unmarked police van, and opened fire, Belmar said. The officers returned fire from inside the vehicle and then pursued the man on foot when he ran.

The man again fired on the officers, the chief said, and all four officers fired back. He was struck and fell.

The man was taken to a hospital, where Belmar said he was in "critical, unstable" condition. Authorities didn't immediately release the identities of anyone involved, but Tyrone Harris told the St. Louis Post-Dispatch that the injured man was his son, 18-year-old Tyrone Harris Jr.

The elder Harris told the newspaper shortly after 3 a.m. that his son had just gotten out of surgery.

None of the officers was seriously injured. All four have been put on standard administrative leave. They were not wearing body cameras, Belmar said.

The shooting happened shortly after a separate incident that the chief called "an exchange of gunfire between two groups" rang out around 11:15 p.m. Sunday while protesters were gathered on West Florissant Avenue, a business zone that saw rioting and looting last year after Brown's killing. The shots sent protesters and reporters running for cover.

The chief said an estimated six shooters unleashed a "remarkable" amount of gunfire over about 45 seconds.

Belmar waved off any notion that the people with the weapons were part of the protest.

"They were criminals. They weren't protesters," he said.

The man who fired on officers had a semi-automatic 9 mm gun that was stolen last year from Cape Girardeau, Missouri, according to the chief.

"There is a small group of people out there that are intent on making sure that peace doesn't prevail," he said. "There are a lot of emotions. I get it. But we can't sustain this as we move forward."

Early Monday, another reported shooting drew officers to an apartment building in the area. Two men told police they were targeted in a drive-by shooting near the memorial to Brown outside Canfield Apartments. A 17-year-old was shot in the chest and shoulder while a 19-year-old was shot in the chest, but their injuries were not life-threatening, the St. Louis County Police said in a news release.

Separately, police said a 17-year-old male has been charged with unlawful use of a weapon and one count of resisting arrest after he fired shots near the protesters late Sunday. He is being held on $100,000 bond.

The anniversary of Brown's killing, which cast greater scrutiny on how police interact with black communities, has sparked days of renewed protests, though until Sunday they had been peaceful and without any arrests.

Before the gunfire, protesters were blocking traffic and confronting police. One person threw a glass bottle at officers but missed.

For the first time in three consecutive nights of demonstrations, some officers were dressed in riot gear, including bullet-proof vests and helmets with shields. Police at one point early Monday shot smoke to disperse the crowd that lingered on West Florissant, Belmar said.

One officer was treated for cuts after a rock was thrown at his face, and two officers were pepper-sprayed by protesters, county police spokesman Officer Shawn McGuire said in an email. Five people were arrested, according to records McGuire released.

Several other peaceful events earlier Sunday were held to mark the anniversary.

Brown's father, Michael Brown Sr., led a march through town. It started at the site where Brown was fatally shot by officer Darren Wilson. A grand jury and the U.S. Department of Justice declined to prosecute Wilson, who resigned in November.

Later, a few hundred people turned out at Greater St. Mark Family Church for a service to remember Brown, with his father joining other relatives sitting behind the pulpit.

Organizers of some of the weekend activities pledged a day of civil disobedience on Monday, but have not offered specific details.


Associated Press photographer Jeff Roberson contributed to this report.

Jody Herring, suspect in Vermont social worker homicide, scheduled to appear in court Monday

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Police also believe Herring also shot and killed 2 cousins and an aunt prior to shooting social worker Lara Sobel.

BARRE, Vermont (AP) - The Vermont woman who police say shot and killed a social worker because she was upset about losing custody of her 9-year-old daughter is scheduled to make her first court appearance.

Jody Herring has been held without bail since shortly after her arrest Friday following the death of Lara Sobel who police say was shot twice in the head as she came of the Barre office building that houses the regional office of the state Department for Children and Families.

Police also believe that before shooting Sobel, 48, Herring shot and killed two cousins and an aunt in the adjoining town of Berlin. But no charges have been filed yet in connection with the deaths of Regina Herring, 43, and Rhonda Herring, 48, the suspect's cousins; and Julianne Falzarano, 73, an aunt.

Herring, 40, is to appear in Vermont Superior Court in Barre on Monday afternoon to answer a first-degree murder charge in Sobel's death.

On Sunday, about 300 people packed into Barre's Old Labor Hall Sunday to pay tribute to Sobel before marching to the parking lot where Sobel was shot.

"Lara was a beautiful, beautiful individual and she really, really cared about the kids, all the kids," Joseph Faryniarz, a cousin of Sobel's husband, said during the vigil. "This is a tragedy and the family is doing the best that it can."

Police say Herring shot the 14-year DCF veteran before she was tackled by bystanders.

The Burlington Free Press reported that Tiffany Herring, 23, who identified herself as the daughter of one of the victims, said her mother received a threatening phone call from Jody Herring Friday morning.

"My mother got a call in the morning, maybe 7:30 or 8 o'clock, saying it was Jody Herring saying, 'You guys need to stop calling DCF unless you guys are going to have it coming to you,"' Tiffany Herring told the newspaper.

She said she discovered the women's bodies.

"Both doors were wide open, and I walked into the living room, and that's where I saw my mom dead," she said.

Barre Police Chief Tim Bombardier said the weapon used to kill Sobel was a hunting rifle, but he would not reveal the caliber or additional details about it. He also would not comment on whether Jody Herring had obtained the gun legitimately or what may have triggered her to act Friday -- weeks after losing custody of her daughter.

"That's one of those things that's open to interpretation, so I'm going to stay away from it," Bombardier told The Associated Press.

He also would not discuss the 9-year-old's father or his whereabouts. Officials said after Sobel's shooting that the girl remained in state custody.

On Sunday, the governor's office distributed a statement to state employees saying all offices would be open on Monday, but state officials were reviewing security at state buildings.

Paul Coates, a lifelong Montpelier resident, said before the vigil that he knew Sobel, the other shooting victims and the woman accused in the shooting.

"It's just tragic, it's just sad. I am sick about it, it just didn't need to happen," Coates said.

Cindy Walcott, DCF deputy commissioner, said that over the weekend, she has been thinking there would be no way to go forward, but she found support from the people she and the other social workers have helped overcome obstacles.

"In my darkest moments I actually have focused on the children and families that we serve and I think about the dark moments that they've had in their lives and how so many of those have triumphed over those (situations) and learned from them and moved forward," Walcott said.

Medical marijuana advocates: Patients suffering because of slow implementation of 2012 Mass. law

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Medical marijuana advocates gathered recently on the State House steps for a vigil to remember patients who died before they could gain safe and legal access to medical cannabis, with advocates describing them as victims of the state's slow implementation of its medical marijuana program.

By Colin A. Young, STATE HOUSE NEWS SERVICE

BOSTON — Medical marijuana advocates gathered recently on the State House steps for a vigil to remember patients who died before they could gain safe and legal access to medical cannabis, with advocates describing them as victims of the state's slow implementation of its medical marijuana program.

"We've seen a lot of patients struggle and a lot of fallen family members and friends while we've been waiting for the implementation of the medical marijuana program in Massachusetts," Nichole Snow, executive director of Massachusetts Patient Advocacy Alliance, said. "It's been three years since voters passed the Humanitarian Care Act of 2012. The slow implementation and rollout has cost lives."

At the polls in November 2012, 63 percent of Bay State voters approved a law to give patients with certain ailments the option to use medical marijuana to treat themselves. So far, only one dispensary facility has opened in the state.

At Thursday's memorial, Bill Downing spoke about his friend Ken Roberts, who as a child was hit in the head with a baseball bat and suffered from trigeminal neuralgia, a neuropathic disorder often characterized by intense head and facial pain.

"Ken suffered so horrifically, that he was basically bed bound for five or six days out of the week, even the days that he has been able to get out of bed, he was in horrible, horrible pain," Downing said. "He found that there were a few strains of marijuana that actually moderated his pain to the degree where he could function ... but he had terrible difficulty getting a hold of marijuana that had been grown from those strains basically because there is so little available to patients due to the restrictions of this law."

About a year ago, Roberts died at the age of 35 of a heart attack associated with his trigeminal neuralgia, Downing said.

"I lay the blame, in some part, on the Department of Public Health for having had such a restrictive medical marijuana program," he said.

DPH, Downing said, treats cannabis "as if it were radioactive uranium," and regulates medical marijuana to a degree that has stifled access to it for legitimate medical marijuana patients.

Under the Baker administration, the state's first medical marijuana dispensary opened in Salem and DPH has revised the application process for dispensaries, actions for which advocates praised Baker. A second dispensary appears on track to open on Milk Street in Boston early next year.

Opponents of medical marijuana said it comes as no surprise that the state has taken a cautious approach to rolling out the program.

"We've seen it's taken a while because, for one reason, even folks who voted sort of in the abstract to legalize medical marijuana, nobody wants this in their backyard," Andrew Beckwith, president of the Massachusetts Family Institute said. "Obviously there are a lot of health concerns and crime concerns dealing with what was, until recently, an illegal narcotic. It's understandable that it would take DPH time to understand the best way to triage the damage done by this flawed policy."

Beckwith said his organization, which worked to defeat the 2012 ballot question, will similarly fight any 2016 ballot questions seeking to legalize the recreational use of marijuana.

"We anticipate joining with a broad coalition of parents, educators and health care professionals to prevent this from coming to our communities," he said. "We've seen in Colorado this has been heavily abused, it's been a disaster out there. We're hoping the rest of the country sees what's happened, will learn from their mistakes and not repeat them here."

But the activists who rallied at the State House on Thursday said their attention is focused on improving the state's medical cannabis program rather than solely on pushing recreational legalization.

About a dozen advocates brought letters to lawmakers to support a bill they said would bar housing, employment and child custody discrimination against medical marijuana patients, and make it easier for pediatric patients to gain safe access to cannabis.
The bill (H 2065) was introduced by Rep. Frank Smizik and is pending before the Joint Committee on Public Health.

"We're hoping this is a turning point," said Michael Latulippe, of the Massachusetts Patient Advocacy Alliance. "Things have gone wrong in the past, but that doesn't mean there is not hope for a better future."


Deerfield police: Sunderland woman kicks 2 officers in knees following vehicle stop on Thayer Street

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The incident began shortly after 2 a.m. Saturday when police pulled a vehicle over Thayer Street.

DEERFIELD -- Police said they charged an 18-year-old Sunderland woman with two counts of assault and battery on a police officer after she kicked two officers in the knees during a traffic stop on Thayer Street early Saturday.

Police arrested the driver of the vehicle on a charge of drunk driving after they detected the odor of alcohol emanating from his breath and he failed a field sobriety test.He lives in Northfield.

The two were riding around with what police described as a "cache" of alcoholic beverages when they were pulled over for motor vehicle violations shortly after 2 a.m., according to a post on the department's Facebook page.

The woman, according to the post, was intoxicated and became disorderly. She refused to obey their directions and attempted to hide in the tree line.

"Luckily her impairment made the hide and go seek game a quick one," the post stated.

The woman resisted arrest, however, and kicked two police officers in the knees - hard enough to draw blood from one of the officers.

Police found pills in the vehicle and the woman told officers they belonged to her. She was unable, however, to provide a prescription for them.

The driver had a blood-alcohol content of .124 percent, well over the under-21 limit of .02 percent, according to the police. He was also charged with minor transporting alcohol.

The woman was charged with disorderly conduct, two counts of assault and battery on a police officer, minor in possession of alcoholic beverages and two counts of possession of a Class B drug.

The Facebook post did not give the names of the suspects and police were not immediately available to comment Monday.

Outdoor patio proposed at Iron Duke Brewing will have no negative impact on Chicopee River, Ludlow Conservation Commission finds

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The microbrewery opened in the Ludlow Mills Thanksgiving Eve, 2014.

LUDLOW - The Conservation Commission has found that a proposed outdoor patio and deck for Iron Duke Brewing in the Ludlow Mills will have no negative impact on the nearby Chicopee River.

Conservation Commission member Angela Tierney said that in her opinion the outdoor deck will be an asset to the river.

"This will help people to appreciate the river and Riverwalk," Tierney said.

Conservation Commission Chairman Jason Martowski said that in his opinion owner Nick Morin, the owner of Iron Duke, "is beautifying the area."

"The business is growing, and it is a testament to them," Martowski said of owners Morin, Michael Marcoux and Ron Remillard.

"There is no negative impact," he said.

A finding of no negative impact means the Conservation Commission will not have to approve the construction or issue an order of conditions for the work.

Martowski said, however, that Iron Duke Brewing should check with the Planning Board to see whether site plan review is required for the outdoor patio as a part of Ludlow Mills construction.

Morin said he will check with the town planner.

Eric Nelson, senior vice president of the Westmass Area Development Corporation which is developing the Ludlow Mills, said Westmass has approved the deck as a temporary structure in case it has to be removed for a future public way.

Iron Duke Brewing also has received permission from the Board of Selectmen to open an outdoor patio for its customers.

Morin said he is still choosing materials for the outdoor deck for the microbrewery.

He said some of the brick will be taken out of one wall so the bartender has view of all tables.

The microbrewery opened in the Ludlow Mills Thanksgiving Eve, 2014.

Morin said the atmosphere and the craft beers have turned out to be very popular.

The most popular beer is the "Baby-Maker," Morin said, which he describes as a medium to dark colored ale with a delightful roasted finish.

Planning Board member Edgar Minnie called Iron Duke Brewing "a vibrant business."

"It's good to see young people down there," Minnie said.

The brewery is open Friday from 3:30 to 10 p.m., Saturday from noon to 10 p.m. and Sunday from noon to 4 p.m.

East Longmeadow police charge boy and girl, both 15, with Parker Street break-in

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The suspects broke into a Parker Street garage on Friday at about 1 a.m., police said.

EAST LONGMEADOW -- Police arrested a 15-year-old boy and girl early Friday after they allegedly broke into a Parker Street garage and attempted to steal cash from a strongbox, police said.

The homeowner called police after 1 a.m. after hearing noises outside her home, Sgt. Denis Sheehan, a detective with the department, said.

Investigating officers found both the girl and the boy inside the garage, Sheehan said. Both are East Longmeadow residents.

The pair used a ladder to gain entry through an access panel to the attic area of the garage. They then dropped down onto a vehicle parked inside, damaging it, Sheehan said.

Both were charged with breaking and entering in a building in the nighttime with intent to commit a felony, attempting to break into a depository (strongbox) and malicious destruction of property (the vehicle).

The male was also charged with possession of burglarious tools (flashlight, metal picks and a screwdriver).

The two were released into the custody of their parents and will face charges in a juvenile session at Palmer District Court.


Ferguson protests: More than a dozen arrests made on fourth night of demonstrations

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Police arrested more than a dozen people in Ferguson on Monday night after protesters blocked traffic during a fourth consecutive night of demonstrations marking the anniversary of the fatal shooting of 18-year-old Michael Brown.

FERGUSON, Mo. (AP) -- Police arrested more than a dozen people in Ferguson on Monday night after protesters blocked traffic during a fourth consecutive night of demonstrations marking the anniversary of the fatal shooting of 18-year-old Michael Brown.

The gathering came about 24 hours after a demonstration along West Florissant Avenue that was interrupted by gunfire and a police shooting that left an 18-year-old critically injured, setting the St. Louis suburb on edge.

St. Louis County Executive Steve Stenger declared a state of emergency, which authorized county Police Chief Jon Belmar to take control of police emergency management in and around Ferguson.

By early Monday evening, hundreds of people had gathered. They marched up and down West Florissant, the thoroughfare that was the site of massive protests and rioting after Brown was fatally shot last year in a confrontation with a Ferguson police officer.

The protesters chanted, beat drums and carried signs. When some in the group moved into a traffic lane, officers in riot gear forced people out of the street. Some demonstrators threw water bottles and other debris at officers.

Belmar told The Associated Press: "They're not going to take the street tonight. That's not going to happen."

More than a dozen people were arrested.

Ferguson resident Hershel Myers Jr., 46, criticized the police response as aggressive and unnecessary.

A military veteran, he added, "It's wrong for me to have to go overseas and fight with Army across my chest, but we can't fight on our own street where I live."

At the protest a day earlier, tensions escalated after several hundred people gathered in the street, ignoring repeated warnings to get to the sidewalk or face arrest. Then, several gunshots suddenly rang out from an area near a strip of stores, including some that had been looted moments earlier. The shots sent protesters and reporters running for cover.

Belmar said he believed there were six shooters, including 18-year-old Tyrone Harris Jr., who Belmar said then opened fire on officers.

Police had been watching Harris during the protest out of concern that he was armed, the chief said.

During the gunfire, Harris crossed the street and apparently spotted plainclothes officers arriving in an unmarked van with distinctive red and blue police lights, Belmar said. The suspect allegedly shot into the windshield of the van.

The four officers in the van fired back, then pursued the suspect on foot. The suspect again fired on the officers when he became trapped in a fenced-in area, the chief said, and all four opened fire.

Harris was in critical condition after surgery. Prosecutors announced 10 charges against him -- five counts of armed criminal action, four counts of first-degree assault on a law enforcement officer and a firearms charge. All 10 are felonies.

All four officers in the van, each wearing protective vests, escaped injury. They were not wearing body cameras, Belmar said.

Harris' father called the police version of events "a bunch of lies." He said two girls who were with his son told him he was unarmed and had been drawn into a dispute involving two groups of young people.

Tyrone Harris Sr. told The Associated Press his son was a close friend of Michael Brown and was in Ferguson on Sunday night to pay respects.

The elder Harris said his son got caught up in a dispute among two groups of young people and was "running for his life" after gunfire broke out.

"My son was running to the police to ask for help, and he was shot," he said. "It's all a bunch of lies ... They're making my son look like a criminal."

Online court records show that Tyrone Harris Jr. was charged in November with stealing a motor vehicle and a gun, as well as resisting arrest by fleeing. A court hearing in that case is scheduled for Aug. 31.

Belmar said the suspect who fired on officers had a semi-automatic 9 mm gun that was stolen last year from Cape Girardeau, Missouri.

The police chief drew a distinction between the shooters and the protesters.

"They were criminals," he said of those involved in gunfire. "They weren't protesters."

Gov. Jay Nixon agreed, saying in a statement that such "reprehensible acts must not be allowed to silence the voices of peace and progress."

Yesterday's top stories: Northampton man killed in head-on crash, women charged with attacking lesbian couple at Six Flags, and more

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Police arrested a Westfield man on his eighth drunk driving charge just hours after the clock struck midnight on his 51st birthday.

These were the most read stories on MassLive.com yesterday. If you missed any of them, click on the links below to read them now. The most viewed item overall, however, was the Associated Press photo gallery of President Obama's summer vacation on Martha's Vineyard, above.

1) Man who died after Route 5 head-on crash identified as 57-year-old Michael Sims of Northampton [Laura Newberry]

2) Women arrested at Six Flags Agawam for attacking lesbian couple: What people were Tweeting [Jeanette DeForge]

3) Westfield man charged with 8th drunk driving offense, in car with no license plates, on his birthday [Brian Steele]

4) Greater Springfield mob: Whatever happened to Ralph Santaniello? [Stephanie Barry]

5) North Adams pair arrested in heroin raid [Dave Canton]

From tobacco taxes to farm animals - activists propose ballot questions

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Citizen activists have submitted 35 petitions to Attorney General Maura Healey's office, taking the first step toward getting a question on the ballot.

Tobacco taxes. Common Core education standards. Fireworks. Farm animals.

Citizen activists have submitted 35 petitions to Attorney General Maura Healey's office, taking the first step toward getting a question on the ballot in November 2016 or a constitutional amendment on the ballot in 2018. The questions cover a huge range of topics. Some are backed by unions or specific industries. Others are sponsored by a few concerned citizens hoping to start a discussion or make a difference.

Nicholos Bokron, a union ironworker who was involved in the Occupy Boston movement, explained why he proposed a constitutional amendment to clarify the Legislature's ability to regulate corporate and individual campaign contributions. "It would start the process of trying to get the corrupting influence of corporations and their big money out of the political process," Bokron said.

If history is any judge, the vast majority of the petitions will not make it to the ballot. In 2014, 33 petitions were submitted and four made it to the ballot. In 2012, 31 petitions were submitted and three made it to the ballot. In the last 11 elections, the largest number of questions to ever make the ballot was in 1994, when seven out of 42 submitted petitions went before the voters.

To get on the 2016 ballot, the language must be certified by Healey's office to make sure it does not violate certain rules. Petitioners must collect nearly 65,000 valid signatures. The Legislature then has a chance to act on the petition. If it does not, petitioners must collect another 11,000 signatures before the question goes before voters. There is a separate, longer process for constitutional amendments.

The 35 petitions include duplicates, since some activists submitted multiple versions of the same question.

Some of the questions that have gotten the most attention are dueling questions about decriminalizing marijuana, a proposed tax increase on income over $1 million, and an initiative to expand charter schools.

But other questions may also get powerful backing. The healthcare workers union 1199SEIU, which lobbied for successful campaigns last year to raise the minimum wage and provide earned sick time, is throwing its weight behind an initiative to limit disparities in the amount commercial insurers can reimburse different hospitals for the same procedure.

Jeff Hall, a spokesman for 1199SEIU, said the proposal will "boost funding for jobs and services at struggling community hospitals while also providing financial relief to health care consumers."

The ballot question is generally based on a bill pending in the Legislature, which would create a floor and ceiling for commercial payment rates, so private insurers could not pay hospitals more than 20 percent above or 10 percent below the average amount paid to similar hospitals.

Other initiatives are driven by specific industries. Geoffrey Yalenezian, who runs a family-owned chain of tobacco shops around Plymouth County, is proposing a ballot question to eliminate the state's 6.25 percent sales tax on tobacco products.

Yalenezian said currently, tobacco products are triple-taxed. For example, a pack of cigarettes has a $3.50 state excise tax, a $1 federal excise tax, and the 6.25 percent sales tax, which comes on top of both of those taxes. Yalenezian said the sales tax is paid not only on the price of the product but on the excise taxes. "It's a tax of a tax on a tax. Literally," Yalenzian said.

Lawmakers have historically used tobacco taxes to raise state revenue while encouraging people to stop smoking because of health dangers. Yalenezian said the level of taxation is oppressive.

"We get that it's not good for us, but as far as I'm concerned, tobacco was here when we came to this country, we made the country great selling and trading tobacco. It's part of our culture, part of America," Yalenezian said.

Doug Pope of Pope Energy, which sells solar and other kinds of energy, is pushing an initiative that would eliminate the net metering cap on solar energy.

Net metering is a practice by which companies can generate solar energy and receive a financial credit for energy they did not use. The state imposed a cap on the credits, and lawmakers and Gov. Charlie Baker are currently considering whether to lift it.

"This is going to remove any caps from net metering, which will give homeowners and businesses the ability to install solar without artificial constraints of net metering," Pope said.

Pope's initiative would set a target for generating 20 percent of the state's energy from solar power by 2025 (compared to 1 to 2 percent now) and require half to come from community solar arrays, which any resident can buy into.

Other initiatives deal with government administration. Anti-casino activist John Ribeiro wants to make the state Legislature subject to the state's open meeting law. Currently, the Legislature has exempted itself, which allows it to hold closed-door negotiations over bills and have closed party caucuses.

"The casino law is a symptom of broader problems in state government, and one of the first things we need to do is to open up state government, let people see what's going on and bring everything into the light," Ribeiro said.

Other petitions deal with labor. An organization calling itself Massachusetts Citizens Seeking Common Sense Improvements to Government is proposing requiring employers to provide employees with two weeks of paid parental leave.

Larry Carpman, a Democratic public relations strategist working with progressive groups, sponsored a ballot initiative to require a fast food restaurant or retail store to pay an employee one to four hours of extra pay when the employer changes an employee's work schedule within 14 days of a scheduled shift.

"It's about giving low wage workers and their families the necessary notice when schedules change," Carpman said.

Other initiative petitions would legalize fireworks; end the use of Common Core education standards; reduce the use of euthanasia in animal shelters; allow the Legislature to prohibit the use of MassHealth or other public funds to pay for abortions; prevent cruelty to farm animals; and ban the use of fishing gear known to entangle whales.

Wilbraham police charge Longmeadow woman with operating under the influence of alcohol

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Police responded to the incident at 2:47 a.m.

WILBRAHAM - Police charged a Longmeadow resident with operating under the influence of alcohol on July 25.

Charged with OUI, liquor, was Lindsay Mullen, 30, of Longmeadow.

Police said Sergeant Shawn Baldwin received a call from an East Longmeadow Street resident saying there was a car in the middle of the road at a standstill with its brake lights on.

Baldwin reportedly found the vehicle by Soule Road.

Speaking to the female driver, Baldwin says he observed possible signs of alcohol impairment.

Police said Baldwin conducted field sobriety tests and Mullen was arrested.

The incident took place July 25 at 2:47 a.m., according to police.

City and Agawam Motor Lodge owners reach agreement in court, with some counts disputed

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The city's allegation that the motel is a nuisance was hammered out in the hearing. The owners agreed to register all occupants' visitors through proper identification, and that such visitors must leave by 10 p.m. the day of sign-in. The agreement also states that the motel will be staffed around the clock; that all occupants present a room key before entering the motel; and that all security cameras work and are monitored at all times.

AGAWAM -- The owners of the Agawam Motor Lodge agreed in court Friday to strengthen security and tenant oversight at the motel, but said they will continue to fight other counts detailed in the complaint the city filed against them in July.

The City of Agawam and owners Chulho Yoo and Sangyeon Yoo concurred that the property's fire and health violations have been brought up to code since its June inspection, said Patrick Toney, associate solicitor for Agawam.

But in Western Western District Housing Court, the city still requested the motor lodge be emptied of all residents, and that the owners formulate a written plan for rehabilitation or demolition. The suit also asks that the court appoint a receiver to take control of the motel if it's not fixed in its entirety.

The city's allegation that the motel is a nuisance was hammered out in the hearing. The owners agreed to register all occupants' visitors through proper identification, and that such visitors must leave by 10 p.m. the day of sign-in. The agreement also states that the motel will be staffed around the clock; that all occupants present a room key before entering the motel; and that all security cameras work and are monitored at all times.

The owners also agreed to install panic alarms on fire exit doors, and that all disturbance and noise complaints will be investigated my motel management.

"We're trying to siphon off all emergency calls to the hotel ... get rid of the drug dealing, the overdoses," Toney said. "Agreement we came to provides mechanisms to protect the residents and the surrounding area."

The Agawam Police Department responded to the motel 184 times from Jan. 1 through June 30, according to the town's complaint, 22 of which were for drug related offenses and domestic violence incidents, 52 ambulance assists, 25 disturbance/nuisance calls and two "unattended death" calls. The Agawam Fire department also responded to 70 calls during those months.

The suit also charged that the lodge is registered with the state as a transient motel, but has been illegally converted to a non-transient lodging house without a proper permit. Gerard J. DiSanti of West Springfield, the owners' attorney, said he will take that portion of the complaint before a board of appeals in Boston within the next few months.

Eighteen occupants had been living in at the motel for more than 30 days when the suit was filed on July 24, according to Disanti. Such tenants include an 85-year-old man who has been there since 1992.

Disanti argues that the lodge was built in 1962, nine years before the town passed its zoning ordinances. He said that according to state law, if the city takes no action against the owners of a structure that isn't complying with its permit within a 10-year period of the city filing a complaint, the owners' chosen use of the property is legal.

"The motel was classified in the business zone," Disanti said. "However, the town has never stipulated whether the Agawam motel was a motel or a lodging place."

The city has additionally requested the owners install an automatic fire sprinkler system in the building, which Disanti said he will also fight.

If the appeals board sides with the motel and the owners do not change its permitting, the city says it will appeal the decision and bring the motel back to housing court.

Toney said the city will hold a case management conference next month to discuss what will be done with remaining counts. The city has continued its request for receivership, as well as proposed action related to health and safety issues.

"We're continuing those portions of the complaint because if down the road, we need to deal with it, we can bring it in front of the court," Toney said.

The suit comes after the building was cited for dozens of health and safety code violations in June. Randall G. White, Agawam Health Department director, cited the owners with violations including soiled furniture and carpeting and a cockroach infestation. The fire department reported 12 rooms without functioning smoke detectors, and that tenants could be at risk of being trapped inside the structure if a fire were to break out in the lobby.

On July 15, the city served a notice to the owners ordering the immediate demolition or repair of the structure.

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