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Construction site crash prompts assault charge


Updated: 07/19/07 7:07 AM

 LEWISTON — Police said they are continuing to investigate the cause of a construction site crash that left a Grand Island man with a broken leg this week.

Benjamin M. Sicoli, 78, of North Ridge Road, who was driving a sport utility vehicle on his property, was charged with third-degree assault and recklessly causing physical injury after the SUV struck 45-year-old Thomas M. Rall of Grand Island, police said.

Rall was taken from the scene, in the 700 block of North Ridge Road, by Mercy Flight to Erie County Medical Center, where his leg was set in a cast. He said he is now being treated for a kidney infection and stomach problems stemming from the incident.

Rall, a subcontractor for H&M Plumbing, told The Buffalo News he was purposely hit by Sicoli. “He came flying out of nowhere,” Rall said.

Witnesses told police Sicoli was angry that contractors were on his property and got out of his truck after the accident and said, “I told you not to work here or this would happen.”

Sicoli, vice president of Sicoli & Massaro, told police that one of the workers threw coffee at him and that Rall ran in front of his vehicle. He also said the sun had blinded him when Rall ran out, according to police reports.

“The case is not closed,” Lewiston Police Sgt. Frank Previte said Wednesday. He said that officers had yet to talk with Rall.

“So far, we have just laid the groundwork,” Previte said. “More charges are pending, and we will be talking to the district attorney.”

Sicoli was released to family members after filing of the misdemeanor charges, Previte said.