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Gowanda stays quiet on $775,000 settlement

GOWANDA — A civil case stemming from a July 2018 search and seizure in Gowanda recently resulted in a settlement between David Yezek and the village of Gowanda for $775,000, according to a Buffalo television station.

Gowanda Mayor Dave Smith declined to offer comment to the OBSERVER on behalf of the village on the advice of counsel.

The settlement, first reported by WIVB-TV, was to address a civil suit by Yezek and his attorney, Anthony Rupp, that claimed Yezek’s Fourth Amendment protections were violated and details were misrepresented by police officers on a search warrant and other law enforcement documents.

On July 20, 2018, Gowanda police officers Sean Hotnich and Richard Cooper charged Yezek with unlawfully growing cannabis and criminal possession of marijuana after they found 30 pounds of packaged cannabis and nearly 600 cannabis plants on the property. The case was later dismissed.

Security cameras installed at Yezek’s residence recorded police entering his home and provided evidence of multiple discrepancies from statements the officers made in police reports, the search warrant, and other documents.

Under the terms of the settlement, neither party admits to any liability or wrongdoing. The settlement was paid out by the village’s insurance company.

Starting at $3.50/week.

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