Lori Pettit Rieman, Cattaraugus County District Attorney, reported the
following activity in Cattaraugus County Court on Monday, January 7, 2019:
Arraignments
MARTINA A. CONROY, 27, of Java Center, New York, entered a
plea of not guilty to an indictment that charges her with Criminal Possession
of a Controlled Substance in the Third Degree, a class B felony; Criminal
Possession of a Controlled Substance in the Fourth Degree, a class C felony;
Criminal Possession of a Controlled Substance in the Seventh Degree, a class A
misdemeanor; Criminal Possession of Marijuana, a class D felony and Unlawful
Growing Cannabis, a class A misdemeanor.
The incident occurred on June 1, 2018, in the Town of Freedom. The
matter has been adjourned for motions.
ALLEN D. LARKIN, 31, of Salamanca, New York but presently
incarcerated in the Cattaraugus County Jail, entered a plea of not guilty to an
indictment that charges him with 2 counts of Assault in the Second Degree, class
D felonies; 2 counts of Obstruction of Governmental Administration in the
Second Degree, class A misdemeanors, 2 counts of Resisting Arrest, class A
misdemeanors; Reckless Endangerment in the First Degree, a class D felony;
Fleeing From Police Officers in the Third Degree, a class A misdemeanor;
Reckless Driving, an unclassified misdemeanor; Criminal Mischief in the Fourth
Degree, a class A misdemeanor; Drinking Alcohol in a Motor Vehicle, an
infraction; 9 counts of Speed In Zone, infractions; 5 counts of Failure To Stop
At Stop Sign, infractions; 9 counts of Unsafe Turn/Signal, infractions and 4
counts of Unsafe Lane Change, infractions.
The incident occurred between June 9 and June 28, 2018, in the City of
Salamanca, when the defendant allegedly prevented a police officer from
performing a lawful duty; caused physical injury to such officer; resisted
arrest; recklessly engaged in conduct,
which created a grave risk of death to another person; operated a motor vehicle
in a reckless manner; unlawfully possessed an open container containing
alcoholic beverage in a motor vehicle on a public highway; operating a motor
vehicle at a greater rate of speed than is reasonable; failed to stop at a stop
sign; failed to signal and moved from a lane unsafely. The matter has been adjourned for motions.
TRESSA L. MCMILLEN, 25, of Olean, New York, entered a plea
of not guilty to an indictment that charges her with Unlawful Manufacture of
Methamphetamine in the Third Degree, a class D felony. The incident occurred on December 5, 2018, in
the City of Olean, when the defendant allegedly possessed at the same time and
location, with the intent to use, or knowing that another intended to use each
such product to unlawfully manufacture, prepare or produce
methamphetamine. The matter has been
adjourned for motions.
LAURIE NEWCOMB, 47, of South Dayton, New York, entered a
plea of not guilty to an indictment that charges her with Criminal Possession
of a Controlled Substance in the Fifth Degree, a class D felony and Criminally
Using Drug Paraphernalia in the Second Degree, a class A misdemeanor. The incident occurred on June 19, 2018, in
the Village of South Dayton, when the defendant allegedly knowingly and
unlawfully possessed a controlled substance with the intent to sell it and
knowingly and unlawfully possessed drug paraphernalia. The matter has been adjourned for motions.
JASON PREVITY, 48, of Freedom, New York, entered a plea of
not guilty to an indictment that charges him with Burglary in the Third Degree,
a class D felony. The incident occurred
on January 14, 2018, in the Town of Freedom, when the defendant allegedly knowingly
entered unlawfully in a building with the intent to commit a crime
therein. The matter has been adjourned
for motions.
KRISTIANA M. RIVERA, 18, of Olean, New York, entered a plea
of not guilty to an indictment that charges her with Criminal Possession of a
Controlled Substance in the Third Degree, a class B felony and Criminally Using
Drug Paraphernalia, a class A misdemeanor.
The incident occurred on November 13, 2018, in the City of Olean, when
the defendant allegedly knowingly and unlawfully possessed a narcotic drug with
the intent to sell it and knowingly and unlawfully possessed drug
paraphernalia. The matter has been
adjourned for motions.
JEREMY STEVES, 38, of Cherry Creek, New York, entered a plea
of not guilty to an indictment that charges him with Criminal Possession of a
Controlled Substance in the Fifth Degree, a class D felony and Criminally Using
Drug Paraphernalia, a class A misdemeanor.
The incident occurred on June 19, 2018, in the Village of South Dayton,
when the defendant allegedly knowingly and unlawfully possessed a controlled
substance with the intent to sell it and knowingly and unlawfully possessed
drug paraphernalia. The matter has been
adjourned for motions.
DAREL D. TINGUE JR., 28, of Arcade, New York, entered a plea
of not guilty to an indictment that charges him with Criminal Possession of a
Controlled Substance in the Third Degree, a class B felony; Criminal Possession
of a Controlled Substance in the Fourth Degree, a class C felony; Criminal
Possession of a Controlled Substance in the Seventh Degree, a class A misdemeanor;
Criminal Possession of Marijuana, a class D felony and Unlawful Growing Cannabis, a class A misdemeanor. The incident occurred on June 1, 2018, in the
Town of Freedom, when the defendant, knowingly and unlawfully possessed a
narcotic drug and controlled substance with the intent to sell it and knowingly
allowed cannabis to be grown on her land.
The matter has been adjourned for motions.
ASHLEY M. WAITE, 30, entered a plea of not guilty to an
indictment that charges her with 2 counts of Burglary in the Third Degree,
class D felonies; 2 counts of Petit Larceny, class A misdemeanors and
Unauthorized Use of a Motor Vehicle, a class A misdemeanor. The incident occurred on April 25, 2018, in
the Town of Randolph. The matter has been adjourned for motions.
Guilty
Pleas
SHAWN M. STOLTZ, 43, of Cope, South Carolina, waived
prosecution by indictment and entered a plea of guilty by Superior Court
Information to Criminal Possession of a Weapon in the Third Degree, a class D
felony. The incident occurred on July
16, 2018, in the Town of Persia, when the defendant knowingly and unlawfully
possessed a loaded firearm. Sentencing
is scheduled for April 29, 2019.
SAMMY MCDANIEL, 41, of Olean, New York, but presently
incarcerated in the Cattaraugus County Jail, entered a plea of guilty to
Attempted Burglary in the Third Degree, a class E felony to satisfy a pending
indictment. The incident occurred on August
18, 2018, in the Town of Allegany, when the defendant knowingly entered
unlawfully into a dwelling with intent to commit a crime therein. Sentencing is scheduled for March 11, 2019.
Sentencing
SAMANTHA BETTKER, 26,
of Delevan, New York, was sentenced to a 1 year Conditional Discharge
for her conviction to Welfare Fraud in the Fifth Degree, a class A
misdemeanor. The incident occurred on or
about or between September 13, 2016 and September 14, 2017, in the City of
Olean, when the defendant committed a fraudulent welfare act and thereby took
or obtained public assistance benefits, stole property and made a false
statement. The matter has been adjourned
for motions. Further SAMANTHA BETTKER, was sentenced to a 3 year Conditional
Discharge for her conviction to Criminal
Possession of a Controlled Substance in the Fifth Degree, a class D felony. The
incident occurred on April 13, 2018 in the Town of Machias, when the defendant
knowingly and unlawfully possessed a narcotic drug with the intent to sell it.
BRETT M. WILLIAMS , 22of Steamburg, New York, was sentenced
to a term of 1 year with the Cattaraugus County Jail for his conviction to
Grand Larceny in the Fourth Degree, a class E felony and a concurrent term of 1
year with the Cattaraugus County Jail for his conviction to Driving While
Intoxicated, a class A misdemeanor. The
incident occurred on or about February 1, 2018, in the City of Salamanca, when
the defendant stole property that exceeds one thousand dollars and operated a
motor vehicle on a public highway while in an intoxicated condition.
REGIS L. BUCKTOOTH,31, Steamburg, New York, was sentenced to
5 years probation for his conviction to
Driving While Intoxicated, a class E felony and a concurrent term of 3
years of probation for his conviction to Aggravated Unlicensed Operation in the
Second Degree, misdemeanor. The incident
occurred on or about January 6, 2017 in the City of Salamanca, when the
defendant operated a motor vehicle on a public highway with a BAC .13% and
knowing that his license or privilege is suspended or revoked.
SHAWN P. FITZPATRICK, 38, of Delevan, New York, was sentenced
to 5 years probation for his conviction 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 or
about 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.
JERRICA MCKUNE, 31, of Olean, New York, but presently
incarcerated in the Cattaraugus County Jail, was sentenced to a term of 1 ½
years with the New York State Department of Corrections plus 1 year of Post
Release Supervision for her conviction to Unlawful Manufacture of
Methamphetamine, a class D felony and Endangering the Welfare of a Child, class
A misdemeanor. The incident occurred on
or about November 7, 2017, in the City of Olean, when the defendant possessed
at the same time and location, with the intent to use, or knowing that another
intended to use each such product to unlawfully manufacture, prepare or produce
methamphetamine and knowingly acted in a manner with one another likely to be
injurious to the physical, mental or moral welfare of a child less than
seventeen years old. FURTHER: JERRICA
MCKUNE, d/o/b 04/20/1987, of Olean, New York, but presently incarcerated in the
Cattaraugus County Jail, was sentenced to a concurrent term of 2 years with the
New York State Department of Corrections and 1 year of Post Release Supervision
for her conviction to Attempted Unlawful Manufacture of Methamphetamine, a
class E felony. The incident occurred on
or about August 31, 2018, in the City of Olean, when the defendant attempted to
possess at the same time and location, with the intent to use, or knowing that
another intended to use each such product to unlawfully manufacture, prepare or
produce methamphetamine.
