Agim “Jimmy” Kabashi worked in the Ellenville area for five years at Il Paradiso before leaving to open his own pizzeria, Albi's, in Loch Sheldrake. He was approached about opening another restaurant in the Ellenville area and opened Albi's II just three weeks ago, taking the spot of Poppa Tony's Restaurant at the corner of Market and Canal in downtown Ellenville.

“I was pretty happy about it,” says Kabashi. “I am comfortable here because I know everybody.”

But after just three weeks in operation, Kabashi thinks he may have lost his comfort zone permanently.

On Friday, September 14, just after 9 p.m. a man entered the Albi's II Pizzeria to order a pizza. After placing his order the man left only to return some ten minutes later and complain about his pizza. Kabashi, was playing with his four children at the time.

“I opened the box and the pizza was all messed up, like he had fallen on it,” Kabashi said.

Schermerhorn taken away by EMTs after the incident.  Photo by Stefan Spezio

“I asked him what happened and that's when he got nasty.”

'Nasty' in this case started with the 65-year old local resident taking the pizza and pizza box and swinging it like a baseball bat to hit Kabashi. Kabashi says he raised his left arm to block the odd attack and then pushed the older man, identified as Colin Schermerhorn of 81 Otten Road in Ellenville, away causing him to stumble backward into the restaurant's counter.

An Ellenville Police report states that Schermerhorn then reached behind his back waistband and pulled out what appeared to be a handgun which Kabashi says was pointed at him.

“He [Schermerhorn] said, 'I'm gonna [expletive] kill you,” claims Kabashi.

Kabashi and his wife Luijeta then both grabbed for the gun as their four children, three girls and one boy ranging in age from 6 to 12, stood by and watched.

Kabashi then says that a passerby saw the scuffle and entered the restaurant.

“He thought that we were bothering the old man but then we yelled, 'He has a gun!' Then he came to help us,” recalls Kabashi.

Once Schermerhorn was disarmed Kabashi says that the passerby restrained the older man until the police arrived. However, Kabashi claims that the Schermerhorn then struck the restaurant's phone, cash register and broke the credit card machine before being taken to the ground with the assistance of a second passerby.

It was then that the police report states that Schermerhorn began exhibiting symptoms of a possible seizure - a claim that Kabashi does not believe.

“He was lying on the ground and, when he knew he was in trouble, he started faking like he had a seizure or a heart attack.”

At that point, cars from the Ulster County Sheriff, the Ellenville Police Department and New York State Troopers appeared on the scene and entered the restaurant with their guns drawn.

The EPD's Lieutenant Michael Doria took the gun into evidence and discovered that it was a carbon dioxide powered BB-gun.

The Ellenville Rescue Squad also responded to the scene and eventually transported Schermerhorn to Ellenville Regional Hospital. The EPD report stated that ERH staff would send Schermerhorn to Benedictine Hospital in Kingston, “for further evaluation.”

Whatever evaluation took place ended sometime before Monday as Kabashi called the EPD that day to complain about the fact that he saw Schermerhorn back out walking the streets of Ellenville.

Schermerhorn was released on an appearance ticket and scheduled to go before the Village of Ellenville Court on Tuesday, September 18 at 5 p.m.

Kabashi, who said he did not receive a copy of the police report or notification as to when Schermerhorn would be in court, is angry.

“They let him go! I don't know if he's coming back. If it was just me, I wouldn't be so mad but to do that in front of my kids? That kills me the most.”

Since that evening, Kabashi says that he and his wife have had to deal with the incident's after effects on their children.

“They haven't gotten a full night of sleep. They are waking up every five or ten minutes.”

And as for Kabashi, he is still deciding what his next step will be.

“I change a lot. Sometimes I think I want to leave and have that be the end and sometimes I feel like I want to stay in Ellenville for a very long time. I just work hard six or seven days a week and take care of my family. That's all I want.”

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