Kid Rock

A $5,000 donation from Kid Rock is listed on the Web page set up at giveforward.com to raise funds for Jason McNeil, the former WNY resident who is in a coma after apparently being punched by another patron at the performer's concert at Darien Lake on July 6.

McNeil is still in a coma but making progress according to a Facebook page set up to keep people apprised of his condition.

The donation page says that so far 290 donations have been made totaling more than $30,000 with a goal of raising $20,000 more over the next 29 days.

The 43-year-old Alabama resident is originally from Alden, but reportedly is very involved in his community in Tuscaloosa and has lots of friends and supporters there. He is involved in several charities in the community and is a member of Kiwanis.

He's been in a coma since being taken by Mercy Flight to ECMC after allegedly being punched in the face by Craig Malcolm Lawson, 34, of Talbot Street, Courtland, Ontario, Canada.

Lawson is charged with assault, 3rd, a misdemeanor, and is out of jail on $1,000 bail.

While the Sheriff's Office is continuing its investigation, District Attorney Lawrence Friedman said his office will review the evidence as the case develops. It's possible Lawson could face a felony charge if there is sufficient evidence to sustain such a charge.

An upgraded assault charge would be assault in the second degree. In order to prove that charge, the prosecution would need to show that the defendant intended to cause serious injury.

Previously: Alleged assault case at Kid Rock concert grows more complicated with news of serious injuries

A Florida man who was working as a driver on a Kid Rock tour bus last year when stopped by deputies on Route 77 in Pembroke admitted to a misdemeanor charge of DWI today.

Joseph S. Devlin, 38, of St. Augustine, Fla., was facing a felony DWI charge, but the felony was dismissed by Judge Robert C. Noonan because there was no "competent proof" as to the weight of the 2003 Prevost Tour Bus that Devlin was driving.

Under terms of the plea, Devlin will be given probation if his local probation department agrees to supervise the case.

If Florida probation refuses to accept supervision of Devlin, his plea will be withdrawn.

Under questioning from Noonan, Devlin admitted to driving the tour bus on July 15, 2009, and that he consumed alcohol prior to getting behind the wheel, and that his ability to operate the bus was impaired to a "substantial degree."

Sentencing is set for Sept. 1.

Peter H. Scrooby is officially persona non grata at Darien Lake Theme Park after reaching a deal with the Genesee County District Attorney's office over his July 15 disorderly conduct charge.

The 33-year-old Irondequoit resident was accused of violating 240.20 of the state penal code while attending the Kid Rock concert last summer. Tonight in Darien Town Court, he agreed to plead guilty to the charge in exchange for no jail time and no factual admission of being a disorderly person.

Under what is known as the Alfred procedure, the prosecutor recited the evidence against the defendant, who waived his right to a trial and cross-examination by witnesses. It's the same as being convicted by trial.

Scrooby was present with his lawyer, Tom Burns, and wore cream-colored pants, black shoes, a dark-brown jacket, white shirt and a geometric-patterned, olive-green tie. His shoulder-length, light-brown hair appeared uncombed.

Assistant District Attorney Robert Zickl relayed the people's version of things to Justice Gary Graber.

Security guard Kevin Nunn reported that after another security employee made him aware of Scrooby's conduct, he found Scrooby standing on a chair and smoking a cigarette, neither of which are permitted at the concert venue.

Nunn claims he told Scrooby to stop those actions and that Scrooby "seemed to ignore" the directives at first, but did put the cigarette out and seemed about to get down off the chair when Nunn left. Shortly thereafter, Nunn returned to find Scrooby once again smoking a cigarette and standing on his chair. It was then that Scrooby was told to leave and he "indicated he would not leave."

Zickl said with thousands of concertgoers present, the security team aims to handle problems as quickly and efficiently as possible so as not to incite a riot or create more trouble.

"Scrooby had to be carried from the seating area to the gate, screaming profanities," Zickl said. "At the North Gate, where people enter and leave the concert area, a guard said he was kicking and rearing back with his head. He was screaming 'Look what you're doing to me! Can you see what they're doing to me?!'"

Zickl said Scrooby's behavior constituted public inconvenience, annoyance or alarm.

Burns said his client admits smoking and standing on his chair but claims someone came on the loudspeaker and told people to stand on their chairs, which is why he did that. As for Scrooby's behavior while being removed from the concert, Burns said the way his arm was twisted behind his back caused "excruciating pain" and he displayed an "instinctive type of reaction to pain." His client also maintains that there was inappropriate conduct by security personnel.

"We ask as part of this agreement that he not be welcome back at Darien Lake," Zickl said.

Justice Graber OK'd that restriction, fined Scrooby a mandatory surcharge of $125 and ordered bail money be refunded.

Graber said concerts are necessarily more restrictive than other public activities in what can and can't be allowed.

"There's a way to walk out and deal with it later," Graber told Scrooby. "We'll consider this a lesson learned."

NOTE: This story is a follow up to an article we did July 15 about what a night is like in Darien Town Court when a big concert is being held at Darien Lake Theme Park. Scrooby was one of the defendants who came through the court room that night.

The man accused of driving Kid Rock's tour bus while drunk entered a not guilty plea to three DWI charges during an arraignment this morning in Genesee County Court.

Joseph S. Devlin, 37, St. Augustine, Fla., was arrested July 15 after Sheriff's deputies spotted the bus on Route 77 in Pembroke, they say, operating erratically.

Devlin was employed at the time by a company contracted to provide transportation for Kid Rock and his entourage.

He faces two felony counts of DWI.

Devlin posted the $10,000 bail set in the case immediately.

Previously:

• Driver of Kid Rock crew busted for alleged DWI
• Kid Rock bus driver not drinking Tuesday night, Buffalo attorney says

"I fought the law, and the law won."

Peter H. Scrooby is going to try and do what Bobby Fuller and The Clash said they couldn't do, fight the law and win.

Scrooby asked for a jury bench trial (the charge is not serious enough to warrant a jury trial) tonight in Darien Town Court on his disorderly conduct charge. Scrooby was arrested at the Kid Rock concert July 15. The Batavian featured him as one of three defendants arrested that night as part of a story about the Darien court on a concert night.

While the other two defendants featured in the story long ago accepted guilty pleas and have moved on, Scrooby isn't rolling over for the law.

The Rochester resident has retained Batavia attorney Thomas Burns, and Burns indicated his client doesn't think he did anything to warrant his arrest and the charge.

"It's very important to him," Burns said. "It's a matter of principle. Despite the fact that it's a minor charge, he's willing to invest the time and effort to let the truth be known as to what happened."

Scrooby's trial is set for Feb. 1 at 5:30 p.m. in Darien.

On an evening when the people coming into the Darien Town Court are a week removed from their initial arrest -- to be re-arraigned on the charges that got them locked up in the first place -- the tone is very different. Cases are handled quickly, there's few verbal challenges to the law or the court, and there's a lot less crying.

Quite and subdued would be an adequate description.

I returned to Darien Tuesday evening to follow up on the three defendants we encountered last week in Justice Gary Graber's court the night of the Kid Rock concert.

All three defendants -- Kenneth Koban, Peter H. Scrooby and Jamie E. Otto-Trott -- arrived in court at their appointed hour, well groomed and neatly dressed.

Graber wasn't on the bench Tuesday, being called away for a work-related emergency (he's a dispatcher for a trucking company in Buffalo), so Justice Michael Davis, newly elected last November, was sitting in.

While displaying the same sense of helpfulness -- wanting defendants to clearly understand their rights and legal options -- he takes a fairly matter-of-fact approach to getting a plea from the defendants and determining the date of their next court appearance.

Court started at 5:30 and I arrived at 5:35.  By that time, Koban had pleaded guilty to trespass and was making arrangements with Court Clerk Marcia Bontrager to pay his fine.

After Koban hurried out of the court, Davis and I chatted a bit and then another defendant arrived -- a young man charged with a DWI unrelated to last Tuesday's concert. He was dressed in a suit and a tie as was his attorney. His appearance was perfunctory and then we were back to waiting for Scrooby and Otto-Trott.

Scrooby arrived soon after in pressed pants and a white, long-sleve shirt, accompanied by a slightly older gentleman.

After hearing again the charges against him -- disorderly conduct  for allegedly fighting with Darien Lake security personnel -- Scrooby entered a not-guilty plea and said he would likely retain his own attorney.

He did complain about getting separated from the cash in his pocket the night of his arrest and wondered why it was not returned with the rest of his personnel effects after he made bail. Instead,it was offered to him in a phone call 15 minutes after he was heading home on the Thruway.

Davis explained that he didn't know anything about how Scrooby's property was handled and that was really a matter to take up with the Genesee County Jail.

Once Scrooby's next court appearance was set for July 28 at 6 p.m., Scrooby started to leave, but then remembered another question for Davis: Since Scrooby now had proof of identity, could his bail money be returned? Davis said that wasn't possible until the final dispostion of his case.

While Scrooby finished up his case, Anthony F. Perno, also arrested the night of the Kid Rock concert, stepped before Justice Davis.

Perno didn't take long to let it be unknown that he didn't understand why he was in court. 

"I was hauled in here and accused of something I didn't do," Perno said.

The 39-year-old Rochester resident is charged with harassment, accused of fighting with a security guard in the VIP area of the concert venue.

His frustration was heightened because he thought he had been arraigned Tuesday night and expected this week's appearance to afford him an opportunity to talk with a district attorney about his charges.

He told Davis he intended to bring his own attorney for his next court appearance, and Davis told him that would be July 28. Perno wanted to put it off for a month because he works two jobs and thought only one-week's notice for taking time off for a court appearance wasn't satisfactory his bosses.

Davis held firm on the July 28 date, but set his appearance time for 7 p.m.. Perno said the later time did help.

As Perno's case wrapped up, Otto-Trott checked in with the clerk. She appeared in slacks and a white blouse, looking far less disheveled than she did last week. A young woman accompanied her and sat in a folding chair the back row of the court room.

Otto-Trott, facing two counts of harassment, told Justice Davis that she had decided to seek the help of a public defender, so Davis entered a plea of not guilty for her and set her next court appearance for July 30 at 6 p.m..

With the Otto-Trott case handled, the court room once again fell silent. I walked up to the bench to ask Davis a few questions.

That's when I learned he was only recently elected to his first term, but that his father served as town justice three decades earlier, and in fact, served for a time with Graber.

"I sometimes get lawyers who come in and say, 'I remember when your dad was a judge,' and I say, 'that must have been 30 or 35 years ago,' and they go, 'thanks for putting a date on it.'"

Like Graber, Davis also works in the trucking industry. He dispatches and drives for Walton Milk Hauling in Alexander. He credits both Graber and the state for providing him valuable training on being a town justice.

The driver working with the Kid Rock tour when it came through Darien Lake hadn't been drinking the night he was arrested for alleged DWI, according to a Buffalo attorney contacted by Buffalo TV station.

Thomas J. Eoannou has reportedly been retained by Joseph Devlin, the 37-year-old Florida man accused of driving a Kid Rock tour bus while intoxicated on Tuesday night.

Eoannou reportedly told WBKW that his client has a clean record.

WBTA reported Thursday that Devlin's BAC was allegedly twice the legal limit.

Kid Rock's web site says Devlin wasn't directly employed by the tour and he has been fired from his job.

Devlin is out of jail after posting $10,000 bail.

My press pass is more valuable than I thought. Until last night, I didn't realize it could also act as a "get out of jail free" card.

This, I learned from Peter H. Scrooby, who admitted last night he isn't paid for his internet writing, but he did think his credentials -- which,  unfortunately, he wasn't carrying -- entitled him to avoid a night in jail on a disorderly conduct charge.

Scrooby, who said he went to the Kid Rock concert to cover it for Los Angeles-based American Chronicle, carried no ID whatsoever (his girlfriend had his wallet, he said), which presented a puzzle for Darien Town Court Justice Gary Graber.

How could Graber release a defendant on his own recognizance who couldn't even prove his identity?

As Graber and Scrooby bantered about Scrooby's suitability for a no-bail release, I checked out American Chronicle on my laptop. Sure enough, Scrooby is listed as an author (picture borrowed from Scrooby's profile page). So are 5,000 other people.

Apparently, to become a corespondent for American Chronicle, all you need to do is create an account.

At least Scrooby has written some articles for the site. A couple of them even seem to be based on some original reporting.

This budding Hunter S. Thompson was one of three people I saw marched or dragged into the Darien courtroom during my two hours observing the proceedings and chatting with Graber -- when no wayward concert-goers demanded his attention.

Graber earns a living dispatching trucks out of Buffalo, but he's also spent more than 30 years on the Darien bench. A music fan himself -- he's seen such varied acts as Elvis Presley (twice -- young and older), Jeff Beck and the Beach Boys -- he said the Darien Lake shows keep him plenty busy during the summer.

"We're happy when the snow starts to fly," Graber said, noting the signal that the Darien concert season is over.

The backlog of cases and paperwork created over the summer won't be cleared from his desk until late February or March.

A naturally jocular and affable man with a face warmed by laugh lines and framed by graying hair, Graber seems temperamentally inclined to give everyone the benefit of the doubt. He clearly wishes no ill will toward any of the defendents who are brought before his bench, even when they try his patience.

Even so, let's not be fooled by that benevolent exterior: nobody is getting off easy.

Kenneth Koban of North Chili found that out after being brought in by Deputy Brian Thompson on a trespass charge.

Cobin, sporting a black leather vest with "Eagle Spirit" emblazoned on the back above a picture of an eagle's head, didn't understand why he was charged with trespass after he paid $100 for a ticket.

Koban allegedly refused to leave the concert venue after being ordered to do so by security officers. What precipitated him drawing the ire of Darien security wasn't discussed.

As he stood unsteadily before the justice, Koban repeatedly interrupted Graber either trying to explain his innocence, offering to display the $100 ticket in his pocket, or asking Graber if he could ask questions.

"I'm asking the questions," Graber said.

"I've got a couple of things to say," Koban said.

"This isn't the time for that," Graber said. "This is an arraignment. After you talk with your attorney, then you can explain about your $100 ticket."

"I would like a public defender," said Koban, who previously said he earned more than $100,000 a year and owned 10 homes.

Graber said Koban likely wouldn't qualify for a public defender.

"You do make $100,000?"

"Yes, I make $100,000," said Koban, raising his voice.

"There's no need to get agitated."

"I didn't even do nothing," Koban said. "I'm here in handcuffs right now, but I'm not agitated. I respect you and I respect the court, for what it's worth."

Koban was remanded to Genesee County Jail on $200 bail.

While Cobin stood before Graber, another defended was escorted into the courtroom, shackled at her ankles and handcuffed. She initially raised a ruckus, crying loudly and babbling.  Within minutes, Sgt. Brian Frieday  got her settled and calm, so Graber could proceed with Cobin's arraignment.

While Graber left the courtroom to finish up Cobin's paperwork, Cobin acted like he knew the young woman, telling her to stop crying and shut up, and saying, "Just tell the judge your boyfriend is a piece of shit."

When the woman tried to lay down on a "Darien"-engraved wooden bench, Sgt. Frieday made her sit up.

"Don't touch me," she yelled, then adding more softly. "I'm not trying to hurt you and don't want to hurt any one, so you can't touch me."

Jamie E. Otto-Trott, a 24-year-old, high-school pool supervisor from Rochester, appeared before Graber on two counts of harassment in the 2nd degree.

Otto-Trott, who made repeated requests of both Sgt. Frieday and the justice to have strands of her long, black hair swept from her face, allegedly pushed a Darien security guard and then allegedly kicked a Sheriff's deputy in the leg.

After being told about the charges by Graber, Otto-Trott said she just wanted to go home.

"My boyfriend took my car and left," she said. "I live an hour-and-half away."

Even though at one time Otto-Trott said she could afford to pay for her own attorney on her $200-a-week salary, she later said, "I don't think I can make that decision right now," so Graber said he would send her case to the Public Defender's office. He entered a not guilty plea for her and remanded her to Genesee County Jail on $300 bail.

After Graber left the room, Otto-Trott sat on a chair in the front row of the orderly, clean and well-lit courtroom and started asking Sgt. Parker questions, trying to find out his age. She thought he looked pretty young for 37.

With the age question settled, her mood changed again. The young lady, who minutes earlier told Graber she is returning to SUNY Brockport this fall to finish her degree in psychology after taking time off because her mother died last year, started sobbing again.

"I don't really like Kid Rock," she told Frieday, "but my boyfriend loves Kid Rock and wanted to go to this concert, and then I had to leave the concert. I just ruined the whole thing. We never go out. I just ruined the whole evening. Now he will want to break up with me."

Parker told her that he heard on the police radio earlier that her boyfriend was waiting for her at Genesee County Jail.

It was a tough case. While Graber can't discuss specific defendents, after Otto-Trott was escorted away, he looked out on the empty chamber with low-cast eyes, his face betraying an obvious compassion for the young lady.

As we talked about the kind of cases he's seen over the years, he said he has faced many tough decisions.

"These are never easy decisions," he said. "If you want a job with easy decisions, you shouldn't do this, you shouldn't be here. You have to take each case one at a time."

For all his his tender exterior, Graber seems completely immune to excuses.

None of last night's defendants were able to convince Graber that they deserved special treatment, either because the arrest was seemingly unfair, or because not everything was right with their lives.

Even our intrepid, aspiring gonzo journalist, Peter H. Scrooby couldn't justify avoiding a night in lock up. He was sent off to the pokey on $200 bail and ordered to reappear in two weeks.

Hopefully, he'll at least get a good story out of the experience.

AFTER MATTER: 

Mr. Scrooby sends along the following note:

Hi Howard,
Just a couple things I would like you to clarify in your article if you could sir. It was not my girlfriend that had my ID it was a friend of my mom's that attended the event with me. I also would like to note that yes anyone can become an author and sign up for free at American Chronicle, but the articles have to be approved and can be denied by the editors. I do not want it to sound as anyone can submit anything that they would like and have it published. Well take care and thanks, I enjoyed your article and have bookmarked your site as I also enjoyed your writing style. I take the Hunter S. Thompson  comment as a compliment and only hope that one day I could reach such great journalistic standards as the late Hunter S. Thompson achieved.

Regards,
Peter H. Scrooby
American Chronicle

UPDATE: In my desire to be as non-intrusive as possible with the lawmen, I relied on what I thought I was hearing in court for names.  Yesterday morning I tried to confirm the names with Chief Dibble, but he had already left on vacation. Late yesterday, I spoke with the Darien Court clerk, who helped clarify the names, and the story has been changed accordingly.  Sgt. Brian Frieday was with Otto-Trott. Deputy Brian Thompson was with Cobin, and though not mentioned in the story, Deputy Chris Parker was with Scrooby. Now, I hope that's all correct.

Kid Rock sure kept the cops busy last night.

We already told you about the more than 100 people busted by the Genesee County Sheriff's Office, including the bus driver for Rock's entourage.

Now comes word from the New York State Police that troopers also arrested nearly a dozen people, plus wrote more than 50 tickets at two check points in Genesee County.

There was a traffic safety roadcheck on Route 77 in Pembroke, a DWI saturation detail in the Darien and a fixed DWI sobriety checkpoint on Route 33 and Colby Road in Corfu..

During the traffic safety roadcheck a total of 46 tickets were issued to motorists for a variety of charges including 8 tickets for violations of New York State’s Child Safety Seat Laws.  One arrest for unlawful possession of Marihuana was also made during the roadcheck.

Jennifer R Anderson, 29, of Allegany, NY was arrested for allegedly driving while ability impaired by alcohol.

John M. Caden, 38, of Roulette, PA was arrested for  alleged DWI.

James M. Carney, 22, of Batavia, was arrested for alleged DWI.

Jeffrey S. Hindle, 21, of Welland, ON was arrested for  alleged DWI.

Daniel R. Holahan, 21, of Rochester, was arrested for alleged driving while ability impaired by drugs.

Darra L. Lichy, 24, of Salamanca,  was arrested for alleged DWI.

Darrel W. Newark, 43, of Buffalo,  was arrested for alleged DWI.

James R. Soccio, 28, of Batavia, was arrested for alleged DWI.

Lani G. Stevens, 20, of Lawtons,  was arrested for alleged DWI.

Jessica A. Warner, 19, of Campbell, was arrested for alleged DWI.

Joshua A. Wheeler, 21, Mt. Morris,  was arrested for alleged driving with ability impaired by drugs and alleged unlawful possession of marihuana.
 

A driver carrying members of the band and crew of Kid Rock was charged with DWI last night following a traffic stop on Route 77 in Pembroke.

Joseph S. Devlin, 37, of 447 Arricola Ave., St. Augustine, Fla., was allegedly observed failing to keep right while driving a tour vehicle.

Deputy Kevin R. McCarthy initiated a traffic stop at 1:58 a.m. this morning and found Devlin allegedly intoxicated.

Devlin was locked up in Genesee County Jail in lieu of $10,000 bail.

Kid Rock performed at Darien Lake Theme Park last night.