Lumberland shooting called justifiable

By FRITZ MAYER

GLEN SPEY, NY — Constables from Lumberland told 42-year-old Lester Devens Jr. to drop the knife he was holding. When he refused, they sprayed him with pepper spray. When he still refused, they shot him.

That’s the story according to an investigation conducted by New York State Police and the Sullivan County Sheriff’s office. The shooting occurred after the two constables, John Cuomo and Victor Czubak, responded to a hang up on a 911 call at about 10:45 p.m. on December 9. When they arrived at the house on Van Tuyl Road, Devens’ wife was on the front lawn. She told the officers the couple had argued, and that her husband was intoxicated.

The constables called for backup and were joined by Highland Constable Michael Gooey. The constables went into the house and found that Devens was in the basement. They persuaded him to come up the stairs, but as he did, he held one arm behind his back. When he pulled his arm forward they saw that he held a 10-inch kitchen knife. Devens reportedly lunged at Czubak, who responded with pepper spray. When that had no effect, and Devens continued to threaten the constables, they responded by firing five shots, all of which hit Devons, killing him.

Lumberland Supervisor John LiGreci said, “The constables had no choice. They had to defend themselves. Devens was enraged and highly intoxicated.”

Sullivan County District Attorney Steve Lungen said in a statement that the shooting appeared to be justified. He said the men used deadly force as a last resort, after trying to resolve the situation through other means. Following standard procedure, however, the case will be presented to a grand jury, probably sometime next week.

The constables had been summoned to the residence before. In November 2004, Devens argued with his wife, tried to set fire to the house, and then fled. According to the Times Herald Record, he was serving five years probation after pleading guilty to arson charges in connection with that incident.

LiGreci said the constables were given time off to see a counselor and deal with the trauma of the shooting.