(PHOTO: Rye resident Bob Schubert leaving the court house Friday.)
In yet another chapter in the five year saga of 87 year-old Rye resident Bob Schubert vs. Rye City, the City had Schubert removed from Rye City Hall Friday by police and under court order has banned him from re-entering the building.
In a complaint filed against Schubert Friday charging "Harassment in the 2nd Degree" it is charged "Beginning in March, the defendant did visit the City Manager's office on an almost daily basis, unannounced and without an appointment to see the City Manager. When asked to leave, he refused to do so. The defendant did while in the City Manager's office did refer to obtaining a pistol and causing a "Tuscon-like" event to create attention to his dispute. While inside the City Manager's office, defendant did state that if he showed up at City Hall with a gun then people would be forced to notice him and take him seriously. Defendant also made statements that he would drive a car through the store window of city Councilwoman Parker."
Schubert was ordered to stay away from "Rye City Hall except when accompanied by his attorney" and specifically instructed to stay away from Rye City Clerk Eleanor Militana.
Speaking to MyRye.com on Sunday, Schubert said he started going to see Pickup about his pond earlier this month and that each day "we'd sit there for a couple of hours (each day)… on Friday he was getting a little PO'ed about it."
Schubert said his comments about Tuscon and Parker were taken completely out of context. As an example, Schubert said he had said that someone should be arrested for destroying his pond, just like he would be arrested if he drove his car into Parker's store. "I never said in the world I'd get a gun," Schubert told MyRye.com "It's dirty pool, the whole damn thing."
No one from Rye City returned a comment to MyRye.com Sunday.
An 87 year old veteran that defended us in World War II. Nice job Rye, first take his water, then send him to the loony farm and if that’s not enough let’s try and put him in jail, instead of addressing his problem. If we would have addressed his problem in the beginning this would never have been an issue and we wouldn’t be facing a 5 million dollar lawsuit. Otis dropped the ball and you people are even worse. Can we handle any more change?
God Bless him that he defended our country in WWII. Our former Naturalist let a couple of years go by before she said there was a cover-up. I still think she was a disgruntled employee. She disappeared from the picture as soon as she said there was a cover-up. Just say for instance, that Mr. Shubert did drive his car into Parker’s or bring a gun into City Hall and seriously hurt someone or something just “to make a point”. Everyone thinks he is a hero because he served our country. He was when he served our country. The man in Tucson snapped and didn’t care how many people he killed. What happens if God forbid Shubert did the same thing. How many of his followers would say the Police didn’t do there job then. Was the former City Manager really wrong when he called in professional help for Mr. Shubert. Maybe if someone had done the same for the man in Tucson, he would still be alive today. The experts INCLUDING Mr. Shubert’s expert did not say it was 100% wet lands or that the neighbors did anything wrong. There is not 100% proof that their home improvement did anything to the pond. It was wonderful that Mr. Shubert served in WWII but can you imagine the nightmare that the Gates are going thru?
First of all, don’t be afraid to put your name behind your words!
Let the City and the Officials behind this massive blunder know they are no longer welcome, your real name will send the message just how serious you truly are!
As for what happened, this is all just a ploy to shut down Mr.Schubert! Just like when they arrested me in January of 2010….when you are right and your voice becomes more powerful than theirs, this is how Rye City Officials handle things,watch out Ray, you are sure to be next,lol!
They didn’t have to arrest the man, just slapping him w/the restraining orders would have been sufficient!
I let them off the hook, I should have filed a law suit!
I thought I could do more good by not filing a lawsuit, wow, wish someone would have kicked me back then!
They must have been shaking in their boots, in Ms.Parkers case, “go go boots”, when Mr.Schubert “threatened” them. Yup, that Mr.Schubert is a dangerous man, all 100lbs of his frail body, he can hardly walk without stopping for a breather, guess I would have been scared as well……WHAT A JOKE!!!
Spend $30,000, admit wrong doing and give Bob back his water or continue the cover up and let Mr.Schubert sue us for 5 Million….hmmmmmm, tough decision, I think I will go for the lawsuit behind door number 1 Bob! Taxpayers won’t mind!!!
For the record everyone, I warned all the necessary City Officials before they hired Kristen Wilson and before the lawsuit was filed, that Bob Schubert had concrtete evidence, documents that would surely bury all the involved parties, I read all of them, they existed then and they exist now!
Guess what taxpayers, we WILL BE LOSING a 5 million dollar lawsuit, you don’t need to be a lawyer to figure this one out!!!!!
How about all the change people, isn’t it just grand….Don’t forget, Mayor French’s entire slate ran on “the need for change”
THERE ARE NOT WORDS TO DESCRIBE THE ACT THESE PEOPLE PULLED!!!!
I grew up in Rye. I went to school there, raised some of my family there. My parents were business owners right there on Purchase st. I am ashamed of the City of Rye for allowing this to happen. Since when is going to your town hall a crime? Did Rye become that elite that the police dept are puppets? Who s putting what in who;s pocket for this to occur? All I can say .. Is shame on you Town hall and the Puppet Police. What a disgrace
You can’t be serious? Bob Schubert is no threat to anyone what so ever!
The Gates? Now that is beyond laughable! Can’t wait until all this blows up in their face, they held the original key that started the engines. Wow, you truly are blind and obviously on the wrong side of all this.
This could have all gone away for peanuts compared to the money we will probably have to fork over in the lawsuit.
Did you not just read what Mr.Amico posted, get with the program!!!
It’s raining out, maybe you should step out into it, it might just wake you up!!!
I’ve been opposed to any form of civil disobedience by Bob in this matter for some time. Yet the fact remains that anyone who’s seen the array of evidence gathered here (at great expense) has been shocked. And so far, unfortunately, the city council refuses to join that group. So I’ll suggest once again that perhaps the Rye City taxpayers would be better served all around if the local investigation previously called for by Judge Carey, Councilman Sack and others were to begin, and all the expensive legal stonewalling we’re currently paying for is curtailed.
Then perhaps the council might be able to contemplate a different array of charges – such as –
§ 105.00 CONSPIRACY IN THE SIXTH DEGREE.
A person is guilty of conspiracy in the sixth degree when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct. Conspiracy in the sixth degree is a class B misdemeanor.
§ 175.20 TAMPERING WITH PUBLIC RECORDS IN THE SECOND DEGREE.
A person is guilty of tampering with public records in the second degree when, knowing that he does not have the authority of anyone entitled to grant it, he knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in, or otherwise constituting a record of a public office or public servant. Tampering with public records in the second degree is a Class A misdemeanor.
§ 175.40 ISSUING A FALSE CERTIFICATE.
A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information. Issuing a false certificate is a class E felony.
§ 195.05 OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE.
A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor’s intent that the animal obstruct governmental administration. Obstructing governmental administration is a class A misdemeanor.
§ 240.65 UNLAWFUL PREVENTION OF PUBLIC ACCESS TO RECORDS.
A person is guilty of unlawful prevention of public access to records when, with intent to prevent the public inspection of a record pursuant to article six of the public officers law, he willfully conceals or destroys any such record. Unlawful prevention of public access to records is a violation.
§ 145.14 CRIMINAL TAMPERING IN THE THIRD DEGREE.
A person is guilty of criminal tampering in the third degree when, having no right to do so nor any reasonable ground to believe that he has such right, he tampers with property of another person with intent to cause substantial inconvenience to such person or to a third person. Criminal tampering in the third degree is a class B misdemeanor.
§ 195.00 OFFICIAL MISCONDUCT.
A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an
unauthorized exercise of his official functions, knowing that such act is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office. Official misconduct is a class A misdemeanor.
§ 210.10 PERJURY IN THE SECOND DEGREE.
A person is guilty of perjury in the second degree when he swears falsely and when his false statement is (a) made in a subscribed written instrument for which an oath is required by law, and (b) made with intent to mislead a public servant in the performance of his official functions, and (c) material to the action, proceeding or matter involved. Perjury in the second degree is a class E felony.
Has anyone sent the depositions from the Schubert case to the Westchester County’s District Attorney’s office or better yet to the US Attorney’s office? I also understand the FBI has a unit located on Bloomingdale Road in White Plains that investigates Public Corruption. Maybe they should have a copy of the depositions.
Yes “Change,” an interest by any of those outside groups would I think be now in the interest of justice here. It’s just that our expectations have always been that this problem – these prior bad acts – would have been solved through the last election process where we were promised the existing laws on the books of Rye would be utilized. A local solution rather than one controlled by outside influences is I believe always preferable. But Bob doesn’t have much more time with us, so he’s apparently improvising.
It’s very very sad when everyone in Rye voted for a new administration because they felt it was time for change. Yet new people same results. French fry is in over his head. This Council is doing the same as the last. The Police Commissioner does whatever he wants despite a continue vote of no confidence. A puppet to the council. Rye is no longer the Rye all of us once knew. The old school is being priced out and the new school is coming in. Despite all the money in this town and yet still wasteful spending, empty store fronts and a country feel that is disappearing with development on every piece of free land.
For all those who’ve recently reached out with offers to help here, thank you.
The following are 2 older background videos on the Schubert’s Pond issue for your information and distribution –
Rye City to Schubert – in their own words.
Rye City Hydrologist – not so independent after all.
According to Rye Police Lt. Joseph Verille, Schubert has been on the police’s radar since the
beginning of the month when he began appearing at City Hall on a daily basis to see City Manager Scott Pickup. The conversations between the two were lengthy, sometimes between two and three hours, with Schubert admitting that he felt the need to press the issue. But during the span, he allegedly made some controversial comments that raised red flags.
But after an encounter on March 18 Pickup told
Schubert to leave. Schubert refused. After a brief exchange, Pickup called police to pursue a charge that had already been in the works.
Yes, he served in WWII; that doesn’t give him the right to monopolize city officials’ time or to make alleged threats. For those of you who are always complaining about high taxes, why should we pay the city manager to spend 3 to 4 hours a day talking to someone who insists on being heard over and over and over again?
I have heard that Judge Latwin has recused himself from the Schubert harassment case. Does anyone know why?
I just want “honest citizen” to know that I am still here. I didn’t go away. I did not speak up because I am a disgruntle past employee. You obviously don’t know me. It was killing me to lie to Mr. Schubert when I was working for the City. I lied at the time because I felt it was important to be a loyal employee and I thought for sure that somehow it would all work out. There were many consequences in me speaking up. The worst of all…….. I knew that what i had to say would make some of the grestest city employees look bad. Some dug there own grave but others were inocent in the matter and i knew it was going to look bad for them. I lost some of the best friends I ever had. They are good people and all Rye residents should be proud to have them working for you!
I spoke up and said what needed to be said. I don’t want to write on myrye etc. Because I don’t want to get involved in constantly defending my words and dealing with people picking my words apart.
Chantal, you’re not the only one who has come forward to tell the truth under oath so far.
The documents that “disappeared” at City Hall and elsewhere have also now come back like Marley’s Ghost to corroborate your testimony and what you told the city council and the public. And get this – Ms. Wilson now wants to see them. To do exactly what with them? Same thing that was done under Kevin Plunkett before?
Time for this cruel municipal charade to end. Mr. Schubert is not the only one the malefactors behind this mess have contempt for.