On February 14, 2024 Deputy Caleb Nellis was assigned to the Sheriff's Office Highway Patrol Unit when he conducted a traffic stop on Interstate 390, in the Town of Geneseo, for a violation of the NYS Vehicle and Traffic law.
The Deputy Sheriff made contact with the operator, who was
identified as 42-year-old Marquis Hayes of Hornell (top photo). Contact was also made with
a passenger who was identified as 25-year-old Caleb Stewart of Canisteo (bottom photo). While
making contact with Hayes, the Deputy observed signs of impairment which
prompted a DWI investigation to include the performance of field sobriety
tests. At the conclusion of the roadside investigation, Hayes was taken into custody
for Driving While Ability Impaired by Drugs. After being taken into custody,
Hayes was also found to be in possession of prescription pills which were later
identified as Oxycodone, creating additional charges.
Deputy Jerry Pilkenton, also assigned to the Sheriff’s
Office Highway Patrol Unit, arrived on scene to assist and conducted a search
of the vehicle. The search yielded a loaded firearm, at which time Stewart was
also taken into custody.
Hayes was transported to the Sheriff’s Office Substation at Sandpoint in Lakeville where Sheriff’s Investigator James Merrick, a certified Drug Recognition Expert (DRE), conducted a drug influence evaluation. It was the Investigator’s expert opinion that Hayes was under the influence of cannabis, and a narcotic analgesic and that he could not operate a motor vehicle in a safe manner.
Hayes was arrested and charged with felony Criminal
Possession of a Weapon in the Second Degree, felony Criminal Possession of a
Firearm, Criminal Possession of a Controlled Substance in the Seventh Degree,
Driving While Ability Impaired by Drugs, as well as additional violations of
the NYS Vehicle and Traffic Law.
Stewart was charged with felony Criminal Possession of a
Weapon in the Second Degree, and felony Criminal Possession of a Firearm. Hayes
and Stewart were transported and turned over to Central Booking Deputies at the
Livingston County Jail for processing. The District Attorney's Office was
contacted in regards to bail due to the felony level charges. It was recommended
that each be held on $5,000 cash or $10,000 bond.
Hayes and Stewart were later arraigned at the Livingston
County Centralized Arraignment Part (LC-CAP) at the Livingston County Jail
before Justice Koch. The Judge did commit both Hayes and Stewart to the custody
of the Sheriff with bail fixed at $5,000 cash / credit or $10,000 partially
secured bond. The Livingston County Public Defender’s Office was present and
represented Hayes and Stewart at the court arraignment for their defense. The
Livingston County District Attorney’s Office was notified and appeared to
represent the People.
