MASSENA - A 54-year-old Chase Mills man was charged with menacing early Friday morning following an investigation into a report he had pointed a shotgun at another man during an altercation in a driveway at 15 Amherst Road in the village.
Village police charged Joseph F. Ward Jr. of 568 Ruddy Road, Chase Mills, with second-degree menacing and fourth-degree criminal possession of a weapon. He was arraigned by Acting Massena Village Justice James M. Crandall and released under the supervision of the probation department.
Ward is charged with pulling a single shot 410 shotgun out of his vehicle parked in the driveway at 15 Amherst Road and pointing it at David Dubray after the two men had been involved in a brief physical confrontation.
Mr. Crandall also signed a temporary order of protection directing Ward to stay away from Mr. Dubray.
Ward, in the statement he provided police, said he was assisting Samantha Valdez move items out of her late mothers residence at 15 Amherst Road when the confrontation with Mr. Dubray took place.
Mr. Dubray, described in court papers as Ms. Valdezs ex-boyfriend, told police he had been staying with her since being released from an out-of-state prison two weeks ago.
Ward told police Ms. Valdez had asked him for his assistance since she needed his truck to move some of the larger items from the property. He said he was in the garage looking at a dresser he was preparing to move when Mr. Dubray entered the garage uninvited and started screaming at him to get off the property.
Sandy Badder, who was also in the garage, said Ms. Valdez had immediately stepped between Mr. Dubray and Ward in an effort to de-escalate the situation, but she said Dubray was not deterred.
Dave called Joe a sick ... He told him he was going to kill him, then went over and shoved him, she said in the statement she signed for police.
Ward said Mr. Dubray had grabbed him by the face and pushed him backwards, noting he fell to the ground. He said Mr. Dubray continued to scream at him to leave, and Ms. Valdez continued to try to keep the two parties separated.
I tried to get by him and Sam and out the garage door, and the whole time he was pushing and grabbing at me over the top of Sam, he said in his statement, noting he was able to get out of the garage but Mr. Dubray followed him into the driveway.
The next thing I know he punched me in the left eye from behind. I fell against the truck and then went to the front door of the truck and grabbed my 410 single shotgun. I had a shell for the gun in my right hand, and the gun in the other hand. I swung around to scare Dave. I wasnt going to shoot him. I just wanted to scare him so he would leave me alone, Ward told police.
He said Mr. Dubray grabbed the gun, and the two men grappled for the gun and the shell in the driveway. Ward said the shell fell out of his hand while it was being squeezed by Mr. Dubray, and he asked Ms. Badder to call the police when the two men were wrestling for control of the shotgun.
Ward said Mr. Dubray immediately released his hold on the shotgun when Ms. Badder reported the incident to police. Ward said he then put the gun back in his vehicle.
He said Mr. Dubray then warned him the incident would likely result in Ward being sent to jail, and he said Mr. Dubray offered to take the gun and hide it in the backyard.
He said Mr. Dubray also encouraged Ms. Badder to call the police back and tell them the situation had been resolved and police intervention was not necessary.
Mr. Dubray, in his statement to police, acknowledged he had confronted Ward in the garage. He said after receiving a text from Ms. Valdez informing him she was going to be unable to hang out with him that evening he decided to walk over and check on her and found Ward in the garage.
I started yelling at Joe to leave, telling him that I already warned him about being around Samantha and our family, Mr. Dubray told police in a statement that alleged Ward was a bad influence on Ms. Valdez. I did tell him I was going to beat him if he kept coming around Samantha.
He said he followed Ward out of the garage after Ms. Valdez let go of him.
I walked out of the garage and as I turned around the corner to the house I noticed Joe had a rifle in his hands. Joe put the barrel of the gun up to my chest and told me he was going to kill me. I noticed the hammer of the shotgun was cocked back. With the look on Joes face, I did feel he was going to shoot me, Mr. Dubray said.
Mr. Dubray said he grabbed for the gun but Ward wouldnt release it.
I punched him one time in the face, and drove the barrel to the ground to try and pry it from Joe, he said, noting he was eventually able to gain control of the weapon and remove the shell from the shotgun.
He said Ward then regained control of the shotgun and put it back in is truck.
Joe and I then started to have a civil conversation, and he ended up giving me a cigarette. I told Joe why I didnt want him around Samantha and my kids, and he understood. Soon after, the police arrived, Mr. Dubray said.