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Tuesday, November 20, 2018

Cattaraugus County District Attorney Report

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, November 19, 2018:

Arraignments

SAMANTHA BETTKER, 26, currently incarcerated in the Wyoming County Jail, entered a plea of not guilty to an indictment that charges her with Welfare Fraud in the Fifth Degree, a class A misdemeanor; Petit Larceny, a class A misdemeanor; Forgery in the Second Degree, a class D felony; Criminal Possession of  a Forged Instrument in the Second Degree, a class D felony; Offering A False Instrument For Filing in the First Degree.  The incident occurred between September 13, 2016 and September 14, 2017, in the City of Olean. The matter has been adjourned for motions.

MARTIN MILLER,34, of Rixford, Pennsylvania, entered a plea of not guilty to an indictment that charges her with Criminal Possession of a Weapon in the Second Degree, a class C felony; Criminal Possession of  a Weapon in the Third Degree, a class D felony; Violation of Interlock Ignition Device, a misdemeanor; Equipment Violation, a violation and Broken Windshield, an infraction.  The incident occurred on June 11, 2018, in the Town of Olean, when he allegedly possessed metal knuckles and a loaded firearm; operated a motor vehicle on a public highway when he knew his driving privilege was revoked.  The matter has been adjourned for motions.

Guilty Pleas

EDWARD J. SMITH, 52, of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, entered a plea of guilty by Mental Disease or Defect to 2 counts of Murder in the Second Degree, class A-I felonies; Manslaughter in the First Degree, a class B felony; Assault in the First Degree, a class B felony and Criminal Possession of a Weapon in the Fourth Degree, a class A misdemeanor, to satisfy a pending indictment.  The incident occurred on May 13, 2017, in the City of Olean, when the defendant possessed a knife and intended to cause the death of another person. 

JAMES S. BLIDY, 44, of Eden, New York, waived prosecution by indictment and entered a plea of guilty to Superior Court Information to 3 counts of Attempted Assault in the Second Degree, class E felonies and Resisting Arrest, a class A misdemeanor.  The incident occurred on May 27, 2018, in the Town of Franklinville, when the defendant prevented a police officer from performing a lawful duty, causing physical injury and resisted arrest.  Sentencing is scheduled for March 4, 2019.

BRANDON GAINES, d/o/b 04/08/1982, of Bolivar, New York, but presently incarcerated in the Allegany County Jail, waived prosecution by indictment and entered a plea of guilty to Superior Court Information to Criminal Possession of a Forged Instrument in the Second Degree, a class D felony.  The incident occurred on December 6, 2017, in the Village of Portville, when the defendant forged a check.  Sentencing is scheduled for January 14, 2019.

SAVION SHAFFER, 20 of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, waived prosecution by indictment and entered a plea of guilty to Superior Court Information to Criminal Sale of a Controlled Substance in the Fifth Degree, a class D felony.  The incident occurred on October 9, 2018, in the City of Olean, when the defendant knowingly and unlawfully sold a controlled substance.  Sentencing is scheduled for February 4, 2019.

SENTENCING

PATRICK M. HIRLIMAN, 28, of Olean, New York, was sentenced to a term of 5 years of probation for his conviction to Grand Larceny in the Fourth Degree, a class E felony.  The incident occurred on October 15, 2016, when the defendant stole property from another person.

DONEL CATHCART, 33 of Buffalo , New York, but currently incarcerated in the Erie County Jail,  was sentenced to a determinate term of 4 years with the New York State Corrections Department and 2 years of Post Release Supervision for his conviction to Criminal Possession of a Controlled Substance in the Fifth Degree, a class D felony.  The incident occurred on January 6, 2017, in the City of Salamanca, when the defendant knowingly and unlawfully possessed a narcotic drug with intent to sell it.