New legal order filed against marina operator
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New York State Police have filed an extreme risk protection order against the current leaseholder of the Dunkirk marina in state Supreme Court of Chautauqua County.
Peter T. Smith, 57, of Forestville is facing a number of charges stemming from a pair of incidents in the town of Sheridan that took place on July 17 and Monday. Wednesday's court filing by the state police is the latest action in this series of events.
According to the New York State Unified Court System, the extreme risk protection order filing is a court order issued when a person may be dangerous to themselves or others. It prohibits a person from purchasing or possessing guns and requires the person to surrender any guns they already own or possess.
In August 2019, New York state's "red flag" law went into effect. It allows law enforcement, school officials and families to ask a court to order the seizure of firearms from people considered to be dangerous.
Court filings under the red flag law are considered a civil case and includes no criminal charges or penalties.
On Friday, Dunkirk Mayor Wilfred Rosas released a statement in response to the recent criminal charges against the city tenant. "The new operator has initiated changes at the marina, all to the good," Rosas said. "We understand that Mr. Smith has charges pending in the Chautauqua County Court. The allegations do not involve the city or the marina.
"Whatever might come because of these charges, I am committed to continuing to move forward and make progress around development of the marina and our waterfront," the mayor continued.
According to documents from Sheridan Town Court, Smith allegedly entered a property on Creek Road and fired three rounds from a .45-caliber pistol at a padlock on a locked barn door 50 feet from the residence occupied by a victim and child on July 17. Charging documents indicate he went into the victim's barn to locate stolen property from a previous incident.
Smith was charged by state police with burglary with a weapon and reckless endangerment, both felonies, as well as criminal mischief. He was taken to Chautauqua County Jail in Mayville for arraignment where bail was set at $100,000 cash, $200,000 bond.
He later posted bond and was released.
In the second visit to the same property earlier this week, between 5:30 and 7 p.m., Smith is accused of writing "Confes or die" on the side of victim's home in bright orange chalk marking paint, which was later located at his home. The paint caused damage to the home's vinyl siding, court records state.
Police said Smith had been told to stay away from the residence. In this incident, he was charged with second-degree menacing, criminal mischief and stalking, all misdemeanors.
Rosas said city officials "will be meeting with Mr. Smith and his representatives. We will take whatever steps are necessary to protect the interests of the city and our valuable marina and the waterfront."
The mayor added, "No one can predict situations like this, and no one can foresee all its ramifications. That, however, cannot stop us from managing this situation and continuing the progress we have made and foresee for our city."
Rosas said Dunkirk's marina and waterfront "will play a large role in the future development of our city. The marina and waterfront and the vision that we have for it was key to Gov. Kathy Hochul awarding the Downtown Revitalization Initiative to our city. This award provides nearly $10 million to invest in transformative development projects that will revitalize our downtown."
Smith, who was approved to purchase the assets, membership interests and the lease of the Dunkirk marina, was brought forward for the project by both Rosas and Vince DeJoy, city director of planning and development, to the Chautauqua County Industrial Development Agency. At this point, any formal agreement between the city and Smith has not been seen by council, Fourth Ward Councilwoman Nancy Nichols noted in a text to the OBESRVER.
A call to the marina was not returned. Emails to council members Natalie Luczkowiak and Martin Bamonto also were not answered.