COURTS: Cain sentenced to 55 years in prison

Courts

January 13, 2009

By April Amadon<br><a href="mailto:april.amadon@lockportjournal.com">E-mail April</a> The Lockport Union-Sun %26 Journal Tue Jan 13, 2009, 01:28 AM EST

BUFFALO — A Somerset businessman who prosecutors said used arson and threats of violence to push his competitors out of business was sentenced Monday to 55 years in prison.

A packed courtroom greeted David Cain Jr., 38, as he received the sentence, the culmination of a court case that has dragged on for four years.

A jury returned a guilty verdict in December 2007 on 16 counts of the indictment against Cain, including charges of extortion, mail fraud, destruction of a competitor’s airplane with fire, destruction of a building in commerce with fire, witness tampering, conspiracy to tamper with evidence and concealing evidence.

Cain, one-time owner of Dave’s Tree Service in Royalton, was found guilty of using violence and intimidation against his competitors in the surrounding areas.

U.S. District Judge Richard Arcara described Cain as “one of the most fearless people I’ve ever seen.”

“(Cain) terrorized Eastern Niagara County and Western Orleans Counties from the mid-1990s to the mid-2000s,” Arcara said. “The community was somewhat paralyzed by fear.”

Arcara also ordered Cain to pay $599,330.45 in restitution, split between nine victims.

Two of Cain’s victims spoke during the hearing. Keith Kent, owner of Jordan River Logging in Albion, said he endured a “living hell” at the hands of Cain and his gang.

Dan Gallus, owner of Dan’s Tree Service, said he worries the effect of Cain’s crimes is still being felt.

“I still have concerns,” Gallus said.

Kent said he felt “betrayed” by local law enforcement, whom he said did not step in until it was too late.

“These family members and associates heavily involved in this gang ... they’ve been allowed to run wild for too long,” he said. “This gang will live on.”

In the past week, Cain has entered several motions, asking the court to dismiss several of the counts and asking for a change of counsel.

He also filed several objections to conclusions found in the pre-sentence investigation.

Arcara denied all the motions, telling Cain that those are issues that can be raised in an appeal.

“You raise so many issues, and I’m not saying these issues are frivolous,” Arcara said. “I think we’ve come to a point in time where it’s in your best interest ... to move forward with the sentencing.”

Arcara praised Cain for his attention to detail, remarking at how Cain has become “more or less a semi-expert” in legal matters over the past four years.

During his statements, Cain cited several legal precedents, including case numbers and specific pages and paragraphs.

“You just know that right off the top of your head?” Arcara said at one point.

Given the chance to make a final statement before the sentencing, Cain spoke for about 40 minutes, going through trial testimony and police reports that he said Assistant U.S. Attorney Anthony M. Bruce did not make available to the defense.

Bruce responded to some of Cain’s accusations, saying Cain has accused him before of being “bloodthirsty and power-crazed.”

“I submit Mr. Cain should look in the mirror,” Bruce said. “(Listening to him) you would swear I spend all my waking hours putting pins in a David Cain doll.”

At times during Monday’s hearing, Cain appeared upset, choking up when speaking about his family. He raised his voice at one point, telling Arcara about his determination to appeal his case.

“I got convicted of stuff I know I didn’t do,” he said. “I’ve been set up in this case. ... I don’t mean to lash out, but I’ve been holding this in for a long time. I’m going to keep fighting this case. I’m not going to quit until I get out, get home.”

Contact reporter April Amadon at 439-9222, ext. 6251.

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