MAN KILLED IN POLICE SHOOTOUT

A man was killed in Mina by a Chautauqua County Sheriff’s deputy after an exchange of gunfire.

Officers were responding to a domestic incident June 18 on French Creek-Mina Road. “Upon arrival they encountered an armed subject and gunfire was exchanged,” according to Chautauqua County Sheriff Jim Quattrone. “Emergency medical services responded to the scene and administered first aid to two subjects – one officer and the subject who was injured. One deputy suffered minor injuries, non life threatening to his hands, the subject later succumbed to his injuries and was pronounced dead at the scene.”

The subject was later identified as Mark Bennis, 66.

Photo by Mary Borrello Pictured is a minivan that ended up on a beach.

“It came in as a domestic incident call. The jurisdiction here is rural, so the response time was, for an area this rural, was relatively quick,” Quattrone said. “They responded, arrived on scene, there was an incident and the exchange of gunfire happened shortly after 4 after several attempts at de-escalation with the officers on scene and the subject.”

Quattrone said everything happened outside of the house. Bennis was outside with a shotgun, Quattrone said, that is believed to have been loaded with buckshot.

“He was pointing the weapon at the officers,” Quattrone said. “The officer did suffer injuries to both hands. That’s believed it was buckshot that was in the shotgun. It was very close to simultaneous. The response, we’re still investigating that. It takes seconds for the incident to culminate.”

Two deputies fired their weapons, according to Quattrone. The deputy with injuries was taken to an Erie hospital for treatment. Volunteer firefighters from Clymer, Sherman, Findley Lake as well as Chautauqua County EMS all responded to the scene. The New York State Police also responded.

McEXPLOSION

A horrifying incident disrupted Fredonia’s fast food frenzy in October. Three employees were hurt in a fire and explosion at McDonald’s.

Through investigation, it was determined that an employee had pulled out a grilling unit in order to clean behind it. In pulling out the unit, the natural gas line that supplied the grilling unit became detached, allowing gas to flow freely. The gas was ignited by another grilling unit, causing the explosion.

A female employee was flown to ECMC in Buffalo for treatment, another female employee was transported to Brooks-TLC hospital in Dunkirk for treatment, and a male employee was evaluated at the scene.

The Fredonia Fire Department stated it arrived in under three minutes to find all occupants evacuated and being triaged. Crews confirmed the fire was contained by the sprinkler system with no extension, and utilities were secured.

The Fredonia Fire Department and Fredonia Police Department responded with assistance from the Dunkirk Police Department, New York State Police, Alstar Ambulance, and the Chautauqua County Office of Emergency Services. Fire crews operated for about three hours.

The restaurant closed for repairs, but only for about two days.

MINIVAN SAILS ONTO BEACH

There was an unusual accident in Silver Creek in October: A minivan drove off a cliff and wound up on a Lake Erie beach.

The vehicle went off the road near Madison Avenue and Beachfront Drive. It was later towed off the beach.

The driver appeared to have walked away but was later found by law enforcement. The Chautauqua County Sheriff’s Department responded to the incident.

MOM’S MURDER CHARGE DISMISSED

A murder charge against a Silver Creek mother was dismissed, but that decision is on appeal.

Earlier this year, a hearing was held in Chautauqua County Court where the Public Defender’s Office had challenged the validity of the second-degree murder charge against Ashley Bertino, who is now 37 years old.

Bertino’s daughter Mya Smith died April 29, 2024 from diabetic ketoacidosis, commonly referred to as untreated diabetes.

Prosecutors believe Mya’s life could have been spared if she was given basic medical care. They accuse Bertino of having a “depraved indifference to human life.”

Along with second-degree murder, Bertino was also charged with second-degree manslaughter and three counts of endangering the welfare of a child.

Bertino’s attorneys had argued that the symptoms that the child had exhibited were symptoms that only a medical professional would understand and that she shouldn’t be charged with second-degree murder.

“In addition to manslaughter second, we had charged murder two under a depraved indifference theory and Judge (David) Foley dismissed that charge. He felt it was inappropriate,” District Attorney Jason Schmidt said in a phone interview. “Right now that decision is up on appeal and we are perfecting our brief. We’ve appealed it. We want to take it to the Fourth Department. We feel this is a good case for the court to consider to extend the depraved indifference theory to here.”

Public Defender Nathaniel Barone said his office remains confident in having the second-degree murder charge removed. “We agree with the judge’s decision and the dismissal, and don’t believe that it should have ever been indicted,” he said.

Schmidt said he doesn’t think the Appellate Division will hear the case until the second quarter of 2026.

Bertino remains in the Chautauqua County Jail, with bail set at $250,000.

REAL ID CAUSES HASSLES

The federal government’s push for U.S. citizens to get a Real ID driver’s license caused some confusion for New Yorkers who already have an enhanced driver’s license.

According to Kerri Smith, the motor vehicle administrator for Chautauqua County, individuals who already have an enhanced license don’t need to apply for a Real ID.

Smith called a Real ID a “basic” identification needed to both fly domestically and enter buildings, as of May 7.

However, an enhanced license allows U.S. citizens to do both of those items as well as enter certain countries, including Canada and Mexico, without a passport by land or sea.

“We’re seeing a lot of people coming in that already have an enhanced license and are trying to turn it in to get a Real ID, which they don’t need to do,” Smith explained.

A Real ID has a star on it in the upper right corner, while an Enhanced License has an American flag in the lower right corner. If there is no star or flag, the ID will need to be upgraded for domestic flights.

If a license is not upgraded, it is still valid; it just can’t be used for select purposes.

To upgrade to a Real ID, Smith said there is no fee if a person’s license is up for renewal. If a license is not up for renewal, the cost is $17.50.

For an enhanced license, it costs an additional $30, whether it’s at renewal time or not.