– Falls parents process server scratched child’s face with paperwork
– Parents process server scratched child’s face with paperwork in Falls.
Accident – Death – Obituary News : Niagara Falls police are currently investigating a claim made by a couple residing on Shantz Avenue that a process server, who also happens to be an appointed city marshal, caused an injury to their 2-year-old son’s face. The incident allegedly occurred earlier this month when the process server tossed a packet of court paperwork into the boy’s stroller.
Nick Groff and his wife, Tessa DelZoppo, reported to the police that the incident took place on May 13 while Groff was out walking with his son in their driveway. According to Groff, an unidentified man approached him outside their residence on Shantz Avenue and unexpectedly threw a stack of paperwork into the stroller. The man then proceeded to inform Groff, “You’ve been served, (expletive).”
The couple claimed that the paperwork hit their son in the face, causing a scratch on his cheek and resulting in tears. They mentioned that the paperwork was related to a family court matter involving Groff’s ex-wife. Groff expressed his dismay in an interview with the local newspaper, stating, “He ran up and threw the papers and hit my kid in the face. It was ridiculous.”
The man in question has been identified as Gary Bevilacqua, a local process server who also serves as a Niagara Falls city marshal. Despite the parents’ allegations, Bevilacqua denied the events as described by Groff and DelZoppo when speaking with police detectives. He provided a business card before driving away from the scene.
City marshals in Niagara Falls are responsible for serving legal notices related to eviction, appointed by the mayor with approval from the city council. On the other hand, private process servers like Bevilacqua are hired by individuals and private companies to serve court subpoenas. Falls Police Superintendent Nicholas Ligammari confirmed that Bevilacqua was working as a private process server for family court at the time of the alleged incident, not in his capacity as a city marshal.
In the police report regarding the incident, the responding officer noted that the child did not appear to be in significant distress following the incident. The officer observed a small scratch on the boy’s cheek but mentioned that the child was smiling when they arrived at the scene.
The matter remains under investigation, with Bevilacqua referring questions to his attorney, Matthew Moser, who has not responded to messages seeking comment. It is essential to await the conclusion of the police inquiry to determine the outcome of this incident and any potential legal implications.
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– Falls parents process server scratched child face paperwork
– Falls parents process server scratched child face with paperwork.
