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Elizaville man dead after being shot by police


MILAN–An Elizaville man was shot and killed by police after he allegedly blasted his way in to a residence and attacked a woman March 19 at 8:25 p.m.

Police say Richard Kane Jr., 47, showed up at the residence and fired two shots from a 12-gauge shotgun through the front door and entered the residence. When State Police and Dutchess County Sheriff’s deputies arrived, they saw the front door damaged by the gunshots and heard screams from a woman upstairs.

Police went inside, forcibly entered the upstairs bedroom where the woman was being held and safely removed her from the house. Mr. Kane allegedly resisted being taken into custody, refused to obey police commands and was shot one time in the abdomen by State Police.

Mr. Kane later succumbed to his injuries at Northern Dutchess Hospital in Rhinebeck.

A loaded shotgun was recovered from the upstairs bedroom. The investigation is continuing in conjunction with the Dutchess County District Attorney’s Office and the Dutchess County Sheriff’s Office.

An autopsy was to be conducted by the Dutchess County Medical Examiner’s Office.


Joseph Tomaso Sr., 42, of Greenport was charged with first degree criminal sex act, a class B felony, by Livingston State Police, March 18.

About 10 years ago in Greenport, Mr. Tomaso allegedly subjected a boy less than 11 years of age to sexual contact.

Arraigned in Greenport Court before Justice Frances Abitabile, Mr. Tomaso was sent to the Columbia County Jail in lieu of $50,000 cash bail or $100,000 bail bond.

He was ordered to return to Greenport Court at a later date.

Anyone with any information relevant to the investigation is asked to contact State Police at (518) 851-2001.


Michael R. Sherman, 45, of Craryville was charged with one count each under the Workers Compensation Law: fraudulent practices, a class E felony, and third degree insurance fraud, a class D felony. He was also charged with 12 counts of offering a false instrument for filing by Livingston State Police, March 17.

The arrest came following a year-long investigation initiated by the state Insurance Frauds Bureau and the Office of the Fraud Inspector General.

In September 2008, Mr. Sherman suffered a shoulder injury while working at an automotive garage. Following the injury, he filed for workers compensation benefits and originally received an indemnity award of $532 per week for his injury, according to police.

Further investigation revealed that Mr. Sherman continued to work for another automotive garage from February through October 2009 and allegedly falsified numerous claims to the state Workers Compensation Board. He allegedly fraudulently collected over $18,000 in compensation benefits.

Arraigned in Greenport Court before Justice Fran Abitabile, Mr. Sherman was released on his own recognizance. He is set to return to Taghkanic Court at a later date.


Livingston State Police investigated a one-car personal injury automobile accident on Route 217, March 20 at 11:50 a.m.

According to witnesses, a vehicle driven by Jeromy Jennings, 25, of Philmont was racing another vehicle , both were westbound.

Mr. Jennings lost control of his white 1994 Ford Mustang, flipped it over and landed in a ditch on the south side of the highway.

Mr. Jennings was airlifted to Albany Medical Center with chest injuries.  A passenger, Melissa Hally, 29, of Saugerties was taken to Columbia Memorial Hospital with neck injuries.

State Police say the operator of the other vehicle, which they think was a white Corvette with stripes on the hood, has not been identified.

State Police ask anyone who saw the accident or knows who was operating the Corvette to contact them at (518) 851-2001.

Mellenville firefighters and members of the Philmont and Greenport rescue squads assisted at the scene.

*A 12-year-old boy from Castleton was charged with fourth degree criminal possession of stolen property by Deputies Jeffrey Hofstetter and Cindy Madison, March 13 at 5:50 p.m.

The youngster was allegedly driving a stolen motor vehicle when he struck a tree on Route 9H near Philip Orchards.

He ran away from the crashed vehicle and was apprehended by the deputies.

The juvenile, who was not identified by deputies, was issued a family court appearance ticket to report to the Columbia County Probation Department to answer the charge. Schodack Police are investigating the stolen vehicle complaint.

Drugs and alcohol

The following face drug and/or alcohol-related charges:

*Lowell F. Applegate, 33, of Ghent was charged with aggravated driving while intoxicated, felony driving while intoxicated, aggravated unlicensed operation of a motor vehicle, unlawful possession of marijuana and failure to keep right by Deputy Louis Bray, March 12 at 6:05 p.m. Mr. Applegate allegedly drove off the road and got stuck in a ditch along County Route 22 in Ghent.

Arraigned in Stockport Court before Justice Harold Horner, Mr. Applegate was sent to the county jail in lieu of $5,000 cash bail or $10,000 bail bond. He was ordered to return to Ghent Court at a later date.

*Larry E. Kanner, 59, of Ancram was charged with driving while intoxicated and aggravated driving while intoxicated, having a blood alcohol content greater than .18% (.21%) by a Poughkeepsie Parkway State Trooper during a traffic stop on Route 44, Pleasant Valley after he received a report of an erratic vehicle headed south on the Taconic State Parkway. The trooper stopped the Kanner vehicle at 10:48 a.m., March 23.  Mr. Kanner was issued tickets and is scheduled to appear in court at a later date.

To contact Diane Valden email


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