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POLICE & COURTS

>Gipson may testify in Klimczak case

Buffalo Police Commissioner H. McCarthy Gipson may be called as a defense witness for the man accused of killing Sister Karen Klimczak.

Erie County Judge Sheila A. DiTullio on Tuesday signed a subpoena for Gipson's testimony requested by Craig M. Lynch's attorney, David Addleman.

But she ruled that should the police commissioner take the stand later this week, his questioning will be limited to what he did in the murder probe last spring. The judge barred Addleman from bringing up any questions about statements attributed to Gipson during a CNN news report on the killing last April 18.

Lynch, 36, is on trial on first- and second-degree murder and other charges for allegedly asphyxiating Klimczak, 62, when she found him stealing her cell phone from her bedroom at the Bissonette House on Grider Street about 9 p.m. last April 14, nine days after he was sent there from prison.

After the court session, Addleman would say only that Gipson remains "a potential defense witness." He also refused to say whether he would put Lynch on the stand after prosecutors rest their case later this week.

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>Man accused of firing BB gun toward girls

A Lovejoy man was charged Monday with using a BB gun to shoot at a dry-cleaning business as two young girls walked in front of the store, police said.

Robert G. Benz, 19, of East Lovejoy Street, is accused of firing his BB gun at Petrucci Cleaners from the upper window of his home across the street.

As the gunfire was erupting, two girls -- ages 6 and 7 -- were walking in front of the dry-cleaning business, while a worker was inside the store. Police said the girls had just left the business after getting free candy on the counter. The gunfire also broke the storefront picture window.

Ferry-Fillmore District Officers Robert Gonez and John Poisson arrested Benz at his home after he refused their demands to put his hands on his head and swore at them, police said. Officers said they recovered a bag of marijuana in the front room and a magazine for a pellet gun.

Benz was charged with three counts of reckless endangerment and one count each of criminal mischief, unlawful possession of marijuana, resisting arrest, endangering the welfare of a child and obstructing governmental administration.

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>Ex-boyfriend arrested after door is kicked in

JAMESTOWN -- A man was arrested late Monday after he allegedly kicked in his ex-girlfriend's door and refused to leave.

Robert Majak, no age or address given, was charged with burglary and criminal mischief.

Officers responded to a home on Clyde Avenue at 11:30 p.m. after a 911 call. The line remained open, and officers said they could hear a woman screaming in the background.

When they arrived, officers could still hear the screaming, this time from an upstairs apartment, police said.

Police said Majak had knocked down the door to the apartment, came in and would not leave. The force of Majak's kick caused major damage to the door and frame, police said.

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