TROY - Numerous people have been charged following what has been described as "a large fight" on Aug. 23 on West Hilltop Lane in Canton.
According to court papers filed with the office of Magisterial District Judge Jonathan Wilcox of Troy, those charged in the incident are:
- Kevin Nicholas Costas, 23, of Canton
- Dana Paul Burgess, 35, of Canton
- Sierra Anita Swisher, 30, of Canton
- Kelly Fitzwater, 44, of Columbia Cross Roads
- Jason Robert Fitch, 34, of Roaring Branch
- Anthony Michael Wolf, 22, of Ralston
- Philip R. Costas, 59, of Canton
- Mark Jay Vroman, Jr., 41, of Ralston
- Daniel Thomas Greene, 31, of Canton
- Jordan Elias Bardo, 26, of Canton
- John R. Jacopetti, 51, of Canton
- Elljay Eugene Watkins, 31, of Canton
They face preliminary hearings before Wilcox Oct. 21.
Call for 'large fight' received
According to an affidavit:
At or around 7:24 p.m., Aug. 23, Canton Police Sgt. Trey Kurtz received a call from the county emergency operations center requesting that he respond to an address on West Hilltop Lane in Canton for "a large fight, possibly involving weapons." At the time, Kurtz was the off-duty on-call officer.
The location of the incident is listed as Costas's and Swisher's address.
Kurtz said the dispatcher stated that he received multiple calls of people screaming at him. Some of the callers mentioned baseball bats being involved, and others stated there were guns.
Kurtz said he immediately dressed in full uniform and responded in a marked patrol vehicle. Upon his arrival, he observed a large group of people, approximately 8-10 individuals, near the location on West Hilltop Lane, standing around. Kurtz said he then saw a man, known to him from past incidents as Kevin Costas, running back and forth from his black Dodge truck to his trailer.
Kurtz said that as soon as he exited his vehicle, a woman, also known to him from past incidents as Sierra Anita Swisher, yelled that he should have been there 10 minutes ago.
Kurtz said he asked her what happened, and she responded, "Well, there was just a huge fight in the field and Kevin got run over by a car!" - or words to that effect.
Throughout the affidavit, when quoting people, Kurtz consistently notes that they made the statement in the quotation, or "words to that effect."
According to Kurtz, Kevin Costas came running out from his house and yelled, "Babe, let's go get those (expletive deleted) now! Get in! They are (expletive deleted) dead!" Kurtz said Costas stated this while getting into his truck.
Kurtz said that as he saw them backing out, he placed his patrol vehicle at the entrance of the trailer court, attempting to block it, and exited his vehicle. Kurtz tried to get Costas to wait and calm down.
"Kevin stated he did not want to wait and he drove around my vehicle and up Upper Mountain Road, about a half-mile, where I observed him stop and talk to Elljay Watkins, who was coming down Upper Mountain Road in a silver Buick," Kurtz wrote in the affidavit. The office reported that both vehicles returned to the trailer park, and Kevin Costas got out of his vehicle, screaming obscenities. Kurtz again requested him to calm down.
Facebook argument alleged
Kurtz said Kevin Costas explained that all the guys fighting that day were good friends a month ago, "but then there were a lot of accusations going around and people began arguing on Facebook a while back."
Kurtz asked him to be more specific about the incident that took place, and Kevin Costas said that he and Sierra Swisher were going to Walmart and took Route 414 through Ogdensburg earlier in the day, and heard people yell something as they drove by a house.
"He stated he looked in his mirror and saw a guy waving a baseball bat in the air, so he decided to turn around and go back by them," Kurtz stated. "He drove by again and he stated that's when Danny Greene threw a large rock at his windshield, breaking it. He claimed he drove straight home and called Mansfield (state police) Barracks and they told him that they won't do anything to help him because they had more witnesses."
Kurtz, meanwhile, said he contacted state police at Mansfield and asked about this incident.
State police share results of investigation
According to Kurtz, the trooper from Mansfield explained that he had numerous witnesses and neighbors saying that they saw Kevin Costas and Sierra Swisher drive by the house of Dana Burgess, approximately 6 to 10 times, screaming, "you're dead (expletive deleted)." In addition, police said they could not find a rock in the roadway, any broken glass, or anyone who saw someone throw a rock. The trooper said that Costas and Swisher were being charged with disorderly conduct.
According to the affidavit, Kevin Costas stated that "Sierra started getting these messages on Facebook from Danny and Dana. They argued pretty much all afternoon and I told them if they want to fight, then come on up and I'd be happy to beat on them, but when they got here, the cowards had (expletive deleted) guns."
The affidavit notes that Costas said that "Dana started it when he hit John in the face, for no reason." Costas said he then saw "Danny Greene holding a shotgun in Sierra's face and I started chasing him around the vehicle," according to the affidavit.
"Then, I saw that (expletive deleted) push my father to the ground, so I started going after him," Costas is quoted as saying in the document. "When they tried leaving, I told them the police were coming, and they had to wait, but Danny Green(e) floored it and threw me on the hood. The front passenger reached out and grabbed my arm and held me there, while the rear passenger got out and hit me in the shoulder with a baseball bat, which is when I fell off the car and smashed my head."
Kurtz said he noticed a machete sheath on the ground in front of Kevin Costas's trailer, but Costas claimed it had been there for awhile and none of his friends had any weapons at the fight.
Back-up arrives
Kurtz said state police at Towanda arrived on the scene as back-up. He requested one of the troopers speak with Kevin Costas and Sierra Swisher because he said they were stating "that they would handle this on their own and they would get revenge, etc."
Kurtz said he and the trooper spoke to them about the process of the law, and they appeared agitated because police were not going to drive to Ogdensburg and immediately arrest the other individuals on hearsay.
"I explained that everyone would be charged appropriately once I received their statements back, but they were not satisfied, stating that this fight was not over and the next time we showed up, we better bring body bags with us, etc.," Kurtz wrote in the affidavit. Kurtz said he provided several statement forms for them to fill out and cleared the scene, after state police and the ambulance cleared.
Other people offer their versions of the event
Kurtz talked to John Jacopetti about the incident.
According to Kurtz, Jacopetti said that he was drinking a beer and was happy that the Steelers just won the game. Then, he heard there was supposed to be a fight, so he came over to check it out. However, he said he found out that people had brought guns. He said that he thought it was supposed to be "a one-on-one fist fight like in the old days." He said the only reason he came over was "to make sure no one got hurt," and he got punched in the face.
Jacopetti said, "they hit me right here and busted my eye all up," according to Kurtz.
Kurtz said that when he asked Jacopetti who hit him, he looked at Sierra Swisher and asked her what the guy's name was and she answered that it was Kelly Fitzwater. Kurtz asked her who was with him, and she responded, "Well, it was two vehicles, a yellow X-Terra and a gray Ford Explorer."
According to the affidavit, Swisher continued by stating, "Altogether, there was Dana Burgess, Danny Greene, who pointed a gun in my face, by the way; Mark Vroman (a.k.a. Ardvark); Anthony Wolf; Kelly Fitzwater; and Jason Fitch. Danny had a shotgun, and Mark had a hunting rifle."
Also, Kurtz said, he was approached by Philip Costas, who Kurtz said made the following statement:
"My son Kevin came running in my house, yelling, 'They have guns!' I ran out to make sure the guns got put away and no one got shot. You don't need guns to settle something like men. So, anyway I got over there and I saw one guy holding a gun and I told him put it away now! When I yelled, 'Put the guns away now!,' they did lay them down inside a vehicle but he left the door open. I wanted to close the door so no one could grab that gun. So, I went over to the vehicle to close the door and a large man shoved me backwards so hard when I hit the ground, my glasses came flying off! I'm 59 years old with a bad back, ya see. So, when I finally was able to get up, I called 911 and gave them the license plates to the two vehicles before they peeled out and threw dirt all over my face, hair, and glasses!"
'Completely different version of events'
The next day, on Aug. 24, Kurtz said that he received a phone call from Dana Burgess, who he said offered "a completely different version of events from last night."
According to Kurtz, Burgess explained that he did hit Jacopetti, but that was only because Jacopetti had tried to cut him with a three-foot machete.
Kurtz said at 8 p.m. that day, he met with Burgess, Greene, Vroman, and Wolf at the police department. He said they calmly walked in the door and began filling out statement forms about what happened. Each suspect was taken into the interview room to speak with Kurtz.
While speaking with Greene, Kurtz said, Burgess came in very upset, stating that his wife and children were at home alone. He said she just called him, stating there were two vehicles outside and she heard someone yell Kevin and Sierra's names. "They all stormed out of the department to go protect his family," Kurtz wrote in the affidavit.
According to Kurtz, he was informed the next day that Kevin Costas and Sierra Swisher were charged with defiant trespass and disorderly conduct, stemming from this incident. Kurtz said he received vulgar messages from Kevin Costas and Cheryl Costas on the voice mail of the police department. He attempted to contact Kevin Costas several times, with no response.
Charges listed
Here is a listing of charges faced by the people involved in the incident:
Kevin Nicholas Costas; Dana Paul Burgess; Sierra Anita Swisher; Kelly Fitzwater; Jason Robert Fitch; and Anthony Michael Wolf are charged with the following offenses:
- aggravated assault, a felony of the second degree
- riot-plan/use firearm/weapon, a felony of the third degree
- make repairs/sell/etc. offense weapon
- recklessly endangering another person
- simple assault - attempt
- disorderly conduct - engage in fight - court case
- harassment - communicate lewd, threatening, etc. language
The majority of these charges are marked "conspiracy" in court papers. The harassment charge against Fitzwater and the riot-plan/use firearm/weapon and harassment charge against Fitch are not marked "conspiracy."
In addition, these people are charged in the court papers:
- Philip R. Costas: second degree felony aggravated assault, third degree felony riot-plan/use firearm weapon, prohibited offensive weapons, recklessly endangering another person, and simple assault - attempt, all marked "conspiracy," and disorderly conduct - engage in fight - court case and harassment - communicate lewd, threatening, etc. language
- Mark Jay Vroman, Jr.: second degree felony aggravated assault, third degree felony riot-plan/use firearm/weapon, simple assault - attempt, recklessly endangering another person, disorderly conduct - engage in fight - court case, and harassment - communicate lewd, threatening, etc. language, all marked "conspiracy"
- Daniel Thomas Greene: aggravated assault, a felony of the second degree; riot-plan/use firearm/weapon, listed as simply a felony; make repairs/sell/etc. offense weapon; recklessly endangering another person; simple assault - attempt; and disorderly conduct - engage in fight - court case, all marked "conspiracy"
- Jordan Elias Bardo: second degree felony aggravated assault, third degree felony riot-plan/use firearm/weapon, and make repairs/sell/etc. offense weapon, all marked "conspiracy," and recklessly endangering another person, simple assault - attempt, and disorderly conduct - engage in fight - court case
- John R. Jacopetti: second degree felony aggravated assault, third degree felony riot-plan/use firearm/weapon, make repairs/sell/etc. offense weapon, recklessly endangering another person, all marked "conspiracy," and simple assault - attempt, disorderly conduct - engage in fight - court case, and harassment - communicate lewd, threatening, etc. language
- Elljay Eugene Watkins: "conspiracy" aggravated assault, a felony of the second degree; riot-plan/use firearm/weapon, a felony of the third degree; make repairs/sell/etc. offense weapon; "conspiracy" recklessly endangering another person, "conspiracy" simple assault - attempt; disorderly conduct - engage in fight - court case; and "conspiracy" communicate lewd, threatening, etc. language
Another incident
Kurtz also reported on Aug. 26 when he was in the office, Burgess, Greene, Vroman, and Wolf showed up at the front door. He said they came in to show him new messages in which Kevin Costas had contacted them by text messages, threatening them.
According to Kurtz, he was speaking calmly with them and gathering information, when Kevin Costas started pounding on the door at the police department.
After instructing everyone to go back in the conference room, he opened the door to Kevin Costas, who yelled that he was recording Kurtz and was going to have him fired.
Kurtz said that Kevin Costas, Sierra Swisher, Philip Costas, Cheryl Costas and several others came in the front door, yelling so much he couldn't understand what one of them was saying. Another person was also mentioned in the group, but Wilcox said no complaint has been filed on this person in District Court.
Once they stopped yelling, Kurtz said that he saw that Swisher had statement forms that had been filled out. He asked for them, and Kurtz said she stated, "No way, so you can shred them?!" and said, "Kurtz, you're done buddy, I called the DA and the state police, so we are just going to wait right here for everyone to come."
Then, Kurtz told them the state police would give them the same answers he did, and they began yelling and cursing yet again, according to the affidavit.
Finally, Kevin Costas gave Kurtz the statements, and said, "I have nine copies of these, so don't think you can cover these up." They were asked nicely to leave, and cursed and refused to leave after several warnings and requests, according to the affidavit.
Kurtz contacted the Towanda State Police barracks and asked if they had a car in the area to assist in removing trespassers. Two troopers arrived, and requested the people leave several times. Kurtz said the troopers displayed great restraint and professionalism while listening to the people, and eventually, the people began to leave one by one. He said the situation was resolved, without use of force or injury to anyone.
Following are those charged in this incident, according to court papers:
- Kevin Nicholas Costas: failure of disorderly persons to disperse, defiant trespass actual communication to, disorderly conduct obscene language/gesture summary, and criminal mischief - damage property - summary case, all marked "conspiracy," and harassment - communicate lewd, threatening, etc. language
- Philip R. Costas: failure of disorderly persons to disperse, defiant trespass actual communication to, disorderly conduct obscene language/gesture summary, and harassment - communicate lewd, threatening, etc. language
- Cheryl L. Costas, 52, of Canton and Sierra Anita Swisher: failure of disorderly persons to disperse, defiant trespass actual communication to, disorderly conduct - obscene language/gesture, and harassment - communicate lewd, threatening, etc. language
They face preliminary hearings before Wilcox Oct. 21.
Eric Hrin can be reached at (570) 297-5251; email: reviewtroy@thedailyreview.com.