3rd Ward alderman charged with harassment

Benjamin Joe, Lockport Union-Sun & Journal, N.Y.
·1 min read

May 22—Third Ward Alderman Mark Devine was summoned to Lockport City Court on Monday to answer a citizen complaint about him urinating in public.

City Court Judge William Watson sent Devine a criminal summons to appear after Lockport Police Department fielded the complaint on May 10. The charges lodged against Devine are two counts of second-degree harassment causing alarm or annoyance.

Devine was not arrested by LPD, as an officer did not witness the offense, according to Police Chief Steven Abbott. The chief said in the absence of witnessing a violation-level offense, arrests are made only in the event of domestic violence complaints and even those are evidence-based, such as a hand print on someone's face who accuses their attacker of slapping them.

"Criminal procedure is that we convey the report to the judge. He can issue a warrant, a criminal summons, or deny it," Abbott said.

The location of the reported incident was not available in city court records on Wednesday. The formal police report was still being compiled, according to the LPD records clerk.

Devine declined to discuss the complaint against him when he was asked about it Wednesday. He said he did appear in court on Monday and while the complaint remains "in the legal system" he's not talking about it.

The charge known as second-degree harassment causing alarm or annoyance, is a violation, and the case will be handled by the city prosecutor unless there's a determination of conflict of interest that requires the Niagara County District Attorney's Office to take over, according to Abbott.