Fire District captain, son face assault counts

There’s more legal trouble for a man charged with using fire department equipment for his wife’s landscaping business.

WOODSTOCK, N.Y. >> Former West Hurley Fire Chief David G. Gutierrez was charged with felony assault on the same day he was arrested for allegedly using fire department equipment for his wife’s landscaping business, authorities said.

According to state police at Ulster, Gutierrez, 52, along with his son David N. Gutierrez, 24, both of West Hurley, were arrested at the Ulster barracks on Friday, Feb. 8, and charged with second-degree assault in connection with an incident that was reported at 10:34 a.m. on Thursday, Jan. 17, in Woodstock.

No additional details about the arrest were available on Saturday.

On the same day, Gutierrez, who is currently captain of the West Hurley Fire District, was arrested along with Michael “Bucky” VanValkenburgh, 44, also of West Hurley, and charged with corrupting the government, a felony, and official misconduct, a misdemeanor. The arrests stemmed from an investigation by the Ulster County District Attorney’s Office and state Comptroller’s Office.

Authorities said Gutierrez, with VanValkenburgh’s assistance, abused his authority and cost the district over $30,000 by allegedly using the fire district water tanker for his wife’s business, Woodstock Landscaping and Excavating. Authorities said he used the tanker to fill ponds, mix concrete and water plants for the business, and used the fire district’s vehicle, gasoline and EZ-Pass while traveling statewide to conduct his wife’s business.

VanValkenburgh, who also worked for Woodstock Landscaping and Excavating, allegedly defrauded the district of $20,755, according to authorities. As a fire district board commissioner, VanValkenburgh was barred from receiving any payment from the district. Instead, he allegedly laundered payments through a relative who had a cleaning contract with the fire district, authorities said.

A Comptroller’s Office spokeswoman said the $20,755 was part of the total allegedly defrauded by both men.

Authorities said constituents in the fire district brought the matter to the attention of Hurley town Supervisor John Perry.