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POLICE & COURTS

Parole hearing postponed in notorious killing of boy

ALBANY -- A parole hearing has been postponed for a state prison inmate who was 13 years old when he killed a 4-year-old boy with a rock.

The state Parole Board said Tuesday that Eric Smith's interview, which had been set for this week, is now scheduled for May. Parole officials say they're waiting for additional records.

Smith, now 32, was convicted of second-degree murder in 1994. He was sentenced to nine years to life in prison for killing Derrick Robie in Savona, a small village about 90 minutes from Buffalo. Smith lured the boy into woods, hit him with a rock, stuffed paper in his mouth and crushed his skull with a 26-pound rock.

He's been denied parole five times.

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Graffiti in school generates concern

Several Evans police officers were stationed at Lake Shore Central High School on Tuesday after graffiti was discovered in a student bathroom Monday, but school district classes and activities went on as planned.

Capt. Charles Danzi said the graffiti discovered Monday "generated some concern," but he said he would not call it a threat. K-9 officers and dogs were in the school, and all bags and backpacks being taken into the school were checked.

The district issued a statement at the end of the school day saying the matter would continue to be investigated. The statement said that during times of elevated concern, the district enacts response plans and works with law enforcement agencies to preserve a safe educational environment.

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Facing charges in collision, driver is in fair condition

The Cheektowaga man who faces charges after a two-vehicle crash in Genesee County late Monday that injured himself and five others, was in fair condition Tuesday night in Erie County Medical Center.

Jeremy W. Myrick, 18, of Maryvale Drive, was ticketed by Genesee County sheriff's deputies for failing to yield the right of way at Route 77 and Indian Falls Road in the Town of Pembroke at about 11:20 p.m. Monday.

Myrick was headed west on Indian Falls Road when he failed to yield the right of way at the stop sign and collided with a vehicle driven north on Route 77 by Ocie Bennett Jr., 36, of Albion, according to a sheriff's report.

Myrick's car struck an embankment and landed on its roof.

Myrick's three passengers -- Coty L. Kimmel, 18; Adam G. Woodworth, 18; and Jacob N. Lekopites, 17 -- were treated in ECMC and released.

Bennett and his passenger, Patricia Smith, 54, were taken for treatment at a medical facility closer to Albion. Their condition was unavailable Tuesday.

Myrick faces proceedings in the Pembroke Town Court after he is released from the Buffalo hospital.

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Identity sought on remains of man found near ski trails

State police are trying to identify the remains of a man found by a hiker near the Art Roscoe Ski trails in the Red House area of Allegany State Park at about 12:40 p.m. Tuesday.

The remains were found near the area where a man named Thomas Hamilton was reported missing a year and a half ago.

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Shooting victim remains in critical condition

A 27-year-old man shot Monday night while riding a bike on Hazelwood Avenue remained in critical condition Tuesday evening in Erie County Medical Center.

Police sill are not releasing the name of the victim.

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Family of woman killed in bus crash files suit

LOCKPORT -- The husband and teenage daughter of a woman killed in an upstate New York tour bus crash last summer have filed a $40 million lawsuit claiming the bus was speeding and had a defective tire.

The lawsuit, filed in Niagara County, names Nashville-based tire maker Bridgestone, Bedore Tours of North Tonawanda, the driver and Motor Coach Industries of Schaumburg, Ill.

It was filed last week by Westchester County attorney Michael Kaplen on behalf of Maryam Kaizar Master and Kaizar Master of Abu Dhabi.

Kaplen said Tuesday the bus carrying tourists from Washington, D.C., to Niagara Falls was traveling at 72 mph when a defective front tire blew out. The bus left the roadway and overturned.

Two passengers, including Sakina Master, were killed.

Defendants in the suit didn't immediately comment.

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Arrest made in attempt to burn down building

A Goodyear Avenue man is being held on attempted arson and reckless endangerment charges for allegedly trying to burn down his own building nearly two weeks ago.

Dondrell Boutwell, 20, was taken into custody at the Buffalo Fire Marshall's Office on Monday and charged with second-degree attempted arson and second-degree reckless endangerment for the April 6 incident at 587 Goodyear Ave.

Boutwell, according to a police report, knowing five other people were still in the building, allegedly squirted lighter fluid on the back stairs and lit a book of matches at the base of the stairs at about 10:24 p.m. in an attempt to set the house on fire.