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Friday, October 26, 2018

Cattaraugus County District Attorney/Court Report

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, October 22, 2018:

Arraignments

JOSHUA SCHIEFER, 25, Gowanda, New York, entered a plea of not guilty to an indictment that charges him with Failure to Register:10 Day, a class E felony and Failure to Register:Annual Verification, a class E Felony.  The incidents occurred on January 1, 2017 and May 10, 2017, in the Town of South Dayton, when the defendant allegedly failed to register a change of address and failed to complete and return the annual verification form to the Division of Criminal Justice Services.  The matter has been adjourned for motions.

DONTE LAWSON, 22, of Olean, New York, entered a plea of not guilty to an indictment that charges him with 2 counts of Criminal Possession of a Weapon in the Third Degree, class D felonies; 2 counts of Menacing a Police Officer, class D felonies; Attempted Assault in the First Degree, a class C felony; Attempted Assault on a Police Officer in the First Degree, a class C felony; Attempted Assault in the Second Degree, a class E felony; Reckless Endangerment in the First Degree, a class D felony and Obstruction of Governmental Administration, a class A misdemeanor.  The incident occurred on September 10, 2018, in the City of Olean, when Lawson allegedly possessed a deadly instrument or weapon with the intent to use it against another; intentionally placing a police officer in reasonable fear; attempted to cause serious physical injury to another person; recklessly engaged in conduct which created a grave risk of death to another person and attempted to prevent a public servant from performing an official function by means of intimidation or physical force.  The matter has been adjourned for motions.

KYLE E. COOPER, 26, of Salamanca, New York, entered a plea of not guilty to an indictment that charges him with 2 counts of Driving While Intoxicated, class E felonies; Aggravated Unlicensed Operation in the First Degree, a class E felony; Failure To Signal, a violation; Alcohol in a Motor Vehicle, a violation; Unsafe Movement, a violation and Unsafe Lane Change, a violation.  The incident occurred on July 7, 2018, in the City of Salamanca, when the defendant allegedly operated a motor vehicle in an intoxicated condition with a BAC of .11% while knowingly operating such motor vehicle without a valid New York State license; drinking alcohol in a motor vehicle and failed to drive his vehicle entirely within a single lane and failed to signal.  The matter has been adjourned for motions.

ROBERT P. SHAFFER, 35, of Bradford, Pennsylvania, entered a plea of not guilty to an indictment that charges him  with Reckless Endangerment in the First Degree, a class D felony; Attempted Assault in the Second Degree, a class E felony; Reckless Driving, a misdemeanor; Resisting Arrest, a class A misdemeanor; 2 counts of Speed in Zone, violations and Moved From Lane Unsafely.  The incident occurred on November 6, 2017, in the Town of Redhouse, when the defendant allegedly recklessly engaged in conduct which created a grave risk of death to another person; attempted to cause injury to another person; operated a motor vehicle on a public highway in a reckless manner; resisted arrest; operated a motor vehicle at a speed in excess of posted speed limit and failed to drive his vehicle entirely within a single lane.  The matter has been adjourned for motions.

ANTHONY SHERLOCK, 30, of Olean, New York, entered a plea of not guilty to an indictment that charges him with 8 counts Grand Larceny in the Fourth Degree, E felonies; 2 counts of Grand Larceny in the Third Degree, class D felonies; 17 counts of Falsifying Business Records, class E felonies and 7 counts of Petit Larceny, class A misdemeanors.  The incident occurred on February 26, 2018, in the City of Salamanca, when the defendant allegedly stole property valued in excess of three thousand dollars; falsified business records and stole property.  The matter has been adjourned for motions.

Guilty Pleas

SHAWN P. FITZPATRICK, 38, of Delevan, New York, waived prosecution by indictment and entered a plea of guilty to Superior Court Information to Criminal Contempt in the First Degree, a class E felony and Assault in the Third Degree, a class A misdemeanor.  The incident occurred on July 24, 2018, in the Town of Machias, when the defendant violated an order of protection and intended to cause physical injury to another person.  Sentencing is scheduled for January 7, 2019.

JACOB F. WHITE, 26, of Salamanca, New York,  waived prosecution by indictment and entered a plea of guilty to Superior Court Information to Criminal Possession of a Controlled Substance in the Third Degree, a class B felony.  The incident occurred on July 30, 2018,  when the defendant  knowingly and unlawfully possessed a controlled substance with the intent to sell.  Sentencing is scheduled for January 28, 2019.

MATTHEW P. KRYSICK, 34, of Salamanca, New York, but presently incarcerated in the Cattaraugus County Jail, entered a plea of guilty to Burglary in the Third Degree, a class D felony; Reckless Driving, a misdemeanor; Unlawful Fleeing in the Third Degree, a class A misdemeanor and Speed in Zone, a violation, to satisfy a pending indictment.  The incident occurred on April 12, 2018, in multiple jurisdictions, when the defendant knowingly and unlawfully entered in a dwelling, with intent to commit a crime therein; operated a motor vehicle on a public highway in a reckless manner and operated a motor vehicle at a speed in excess of posted speed limit.  Sentencing is scheduled for January 28, 2019.

AARON B. PLEACE, 23, of Delevan, New York, entered a plea of guilty to Attempted Unlawful Manufacture of Methamphetamine in the Third Degree, a class E felony, to satisfy a pending indictment.  The incident occurred on March 29, 2018, in the Town of Franklinville, when the defendant attempted to possess and intended to use such product to unlawfully manufacture, prepare or produce methamphetamine.  Sentencing is scheduled for November 25, 2019.

SENTENCING

GWEN E. BRUNO,43, of Salamanca, New York, was sentenced to a term of 1 year with the New York State Department of Corrections to run consecutively and 2 years of Post Release Supervision, for 2 counts of Criminal Possession of a Controlled Substance in the Third Degree, class B felonies. Furthermore, GWEN E. BRUNO, was sentenced to 1 year with the New York State Department of Corrections and 3 years of Post Release Supervision, for the remaining counts of 3 counts of Criminal Sale of a Controlled Substance in the Third Degree, class B felonies and Criminal Possession of a Controlled Substance in the Third Degree, a class B felony.  The incident occurred on or about December 1, 2017, in the City of Salamanca, when the defendant knowingly and unlawfully possessed and sold narcotic drugs.

AMOS J. KRAUSE, 34, of Salamanca, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a term of 1 year in the Cattaraugus County Jail for his conviction to Criminal Sale of a Controlled Substance in the Third Degree, a class B felony.  The incident occurred on June 29, 2016, in the City of Salamanca, when the defendant knowingly and unlawfully possessed and sold a narcotic drug.

JOHN D. MCSTRAW, JR., 47, of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to a term of 2 1/3 -7 years with the New York State Department of Corrections for his conviction to Vehicular Manslaughter in the Second Degree, a class D felony; 1 year for his conviction to Driving While Intoxicated, a class A misdemeanor and 6 months for his conviction to Reckless Driving, a class A misdemeanor.  The incident occurred on April 4, 2018, in the Town of Carrollton, when the defendant caused the death of another person while operating a motor vehicle on a public highway in an intoxicated condition while operating such vehicle in a reckless manner. 

JENNIFER K. PIERCE, a/k/a JENNIFER K. DELIO, 30, of Salamanca, New York, was sentenced to two terms of 3 years of Probation to run concurrent, for her conviction to Criminal Contempt in the Second Degree, a class A misdemeanor and Criminal Mischief in the Fourth Degree, a class A misdemeanor.  The incident occurred on May 11, 2018, in the Town of East Otto when the defendant intentionally disobeyed or resisted the lawful process or other mandate of the court and having no right to do so nor any reasonable belief that she had such right, she intentionally damaged property of another person. 

JESSICA MASON, 37, of Olean, New York, was sentenced to a term of 3 years of probation, a $500 fine, her driver’s license revoked and Interlock Ignition Device for her conviction to Driving While Intoxicated, a misdemeanor and Unsafe Lane Change, a violation.  The incident occurred on February 10, 2018 in the Town of Salamanca when the defendant operated a motor vehicle on a public highway with a BAC .11% and failed to drive her vehicle entirely within a single lane.
 
NICHOLAS R. COOPER. 23, of Salamanca, New York, was sentenced to a term of 3 years probation for his conviction to Driving While Intoxicated, a class E felony.  The incident occurred on November 22, 2016, in the City of Salamanca, when the defendant operated a motor vehicle on a public roadway while he was in an intoxicated condition.  Further, NICHOLAS R. COOPER, was sentenced to 5 years probation, to run concurrent, for his conviction of Driving While Intoxicated, a class E felony, and Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, an unclassified misdemeanor. The incident occurred on April 4, 2017, in the City of Salamanca, when the defendant operated a motor vehicle while he was in an intoxicated condition. The defendant also operated a motor vehicle on a public highway while knowing or having reason to know that such person’s license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked, or otherwise withdrawn by the commissioner.

JANAY TARRANT, 25, of Buffalo, New York, was sentenced to a term of 1 year concurrent in the Cattaraugus County Jail for her conviction to Criminal Possession of a Controlled Substance in the Fifth Degree, a class D felony and Driving While Ability Impaired by Drugs, a misdemeanor.  The incident occurred on March 25, 2016, in the Town of Franklinville, when the defendant knowingly and unlawfully possessed a controlled substance and she operated a motor vehicle while her ability to do so was impaired by the use of drugs. 

GREGORY D. LONG, 41, Humphrey, New York, was sentenced to a term of 5 years of Probation for his conviction to Unlawful Manufacture of Methamphetamine in the Third Degree, a class D felony.  The incident occurred on April 3, 2018, in the Town of Humphrey, when the defendant possessed at the same time and location, with intent to use, or knowing that another intends to use each such product to unlawfully manufacture methamphetamine. 

ANGELO A. CONTRERAZ, 24, of Salamanca, New York, was sentenced to a term of 9 months in the Cattaraugus County Jail for his conviction to Attempted Criminal Sale of a Controlled Substance in the Fifth Degree, a class E felony.  The incident occurred on October 3, 2017, in the City of Salamanca, when the defendant knowingly and unlawfully possessed and sold a controlled substance.