Auburn Police say a local man was arrested early Thursday morning after allegedly trying to break back into a downtown restaurant just hours after being removed from the business.
Officers were first called to Curley’s Restaurant on State Street around 12:40 a.m. for a report of an unwanted guest. Employees told police that Donald Filback had allegedly tried to fight other patrons and had thrown a chair after staff repeatedly asked him to leave. Police formally trespassed Filback from the property, and he left the area.
About an hour and a half later, an officer conducting a nearby property check reported hearing loud banging and breaking glass coming from the restaurant. Police say the officer found Filback allegedly attempting to break into the building.
According to investigators, Filback tried to run by jumping over a metal gate surrounding the restaurant’s patio, but the gate broke, causing him to fall about eight feet to the ground. He was taken into custody and transported to Auburn Community Hospital for treatment of injuries suffered in the fall.
Police say their investigation found Filback had allegedly broken a second-floor window in an attempt to get inside before moving to the rear patio area. Once there, he allegedly used chairs and food caddies to try to smash through a French door.
Authorities say the incident caused damage to a window, four chairs, two food caddies, and the patio door.
Filback was later processed at Auburn Police headquarters and taken to the Cayuga County Jail for arraignment before being released on appearance tickets.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent unless and until proven guilty.
