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Tuesday, March 8, 2016

Cattaraugus County District Attorney Report March 7, 2016

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, March 7, 2016:
Arraignments
THOMAS G. EMBS, 23, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Conspiracy in the Fourth Degree, a class E felony.  The incident occurred on December 27, 2015, in the Town of Allegany, Embs, along with co-defendants, with intent that conduct constituting a class B or C felony be performed, each person agreed with one or more person to engage in or cause the performance of such conduct.  The matter has been adjourned for a conference.

MARTIAL COSSAIRT, 17, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Conspiracy in the Fourth Degree, a class E felony.  The incident occurred on December 27, 2015, in the Town of Allegany, Cossairt, along with co-defendants, with intent that conduct constituting a class B or C felony be performed, each person agreed with one or more person to engage in or cause the performance of such conduct.  The matter has been adjourned for motions and a conference.
Guilty Pleas
RYAN SKIVER, 29, of Springville, New York, entered a plea of guilty to Burglary in the Second Degree, a class C felony; Burglary in the Third Degree, a class D felony; Grand Larceny in the Third Degree, a class D felony; and Criminal Possession of a Controlled Substance in the Fifth Degree, a class D felony, to satisfy a pending indictment.  The crimes occurred between March 19, 2014 and April 15, 2014, in the Town of Yorkshire when the he burglarized a building and stole items from within and possessed a controlled substance.  Sentencing is scheduled for June 20, 2016.

MEGAN L. SHIMBURSKI, 26, of Springville, New York, entered a plea of guilty to Tampering with Evidence, a class E felony and Criminal Possession of a Controlled Substance in the Seventh Degree, a class A misdemeanor, to satisfy a pending indictment.  The incident occurred between March 19, 2014 and April 15, 2014, in the Town of Yorkshire when the defendant tampered with physical evidence and possessed a controlled substance.  Sentencing is scheduled for June 20, 2016.

JAMES KORBAR, 53, of Gowanda, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Attempted Unlawful Manufacture of Methamphetamine in the Third Degree, class E felony.  The incident occurred on February 4, 2016, in the Town of Persia, when the defendant attempted to manufacture methamphetamine.  Sentencing is scheduled for May 9, 2016.

TRACY MCGRAW, 26, of Wellsville, New York, entered a plea of guilty to Grand Larceny in the Fourth Degree, a class E felony, to satisfy a pending indictment.  The incident occurred between August 2015 and October 2015, in the City of Olean, when McGraw stole property and the value of the property exceeded $1,000.  Sentencing is scheduled for June 13, 2016.

JENNIFER A. SULLIVAN, a/k/a JENNIFER A. WITZIGMAN, 35, of Olean, New York, entered a plea of guilty to Official Misconduct and Petit Larceny, both class A misdemeanors, to satisfy a pending indictment.  The incidents occurred between January 2010 and September 2011, in the Town of Hinsdale, when the defendant, with intent to obtain a benefit, knowingly refrained from performing a duty which was imposed upon her by law or was clearly inherent in the nature of her office and stole property.  Sentencing is scheduled for May 9, 2016.

CHRISTOPHER R. TERHUNE, 33, of Perry, New York, but presently incarcerated in the New York State Department of Corrections, entered a plea of guilty to Endangering the Welfare of a Child, a class A misdemeanor, to satisfy a pending indictment..  The incident occurred on October 2012, when the defendant knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old.  Sentencing is scheduled for June 20, 2016.

AARON R. TIERSON, 33, of Cuba, New York, entered a plea of guilty to Grand Larceny in the Fourth Degree, a class E felony, to satisfy a pending indictment.  The incident occurred between May 2010 to December 2013, when the defendant stole property in excess of $1,000.  Sentencing is scheduled for May 9, 2016.

Sentences

GARY N. MAULL/ AKA “G”, 30, of Olean, New York, was sentenced to 25 years to Life for his conviction of Murder in the Second Degree, a class A-I felony, 2-4 years for his conviction of Tampering with Physical Evidence, a class E felony, and a determinate term of 5 years plus 5 years post release supervision for his conviction of Criminal Possession of a Weapon in the Second Degree, a class C felony.  The incident occurred on or about and between August 7, 2014 and August 8, 2014, in the Town of Allegany, when the defendant, with intent to caused the death of Otis Lamont Parks.  Maull was also sentenced to a term of 2-4 years for his bail jumping conviction and another 1 year term for an Assault in the Third Degree conviction.  All sentences are to be served consecutively.

MICHAEL L. CHASE, 25, of Moravia, New York, presently incarcerated in the New York State Department of Corrections was sentenced as a Predicate Felon to a determinate term of three years in the New York State Department of Corrections for his conviction of Assault in the Second Degree, a class D felony.  The incident occurred on September 22, 2014, in the Town of Little Valley, when Chase, with intent to prevent a peace officer or police officer from performing a lawful duty, he caused physical injury to such person and intentionally obstructed, impaired or prevented the administration of law from performing an official function by means of intimidation, physical force or interference or by means of any independently unlawful act.

ANTHONY VAVRECAN, 29, of Olean, New York, was sentenced to five years probation and ordered to pay restitution for his conviction of Criminal Sale of a Controlled Substance in the Fifth Degree, a class D felony.  The incident occurred on October 30, 2014, in the City of Olean, when Vavrecan knowingly and unlawfully possessed a controlled substance with intent to sell.

JENNIFER JIMERSON-REILLER, 28, of Salamanca, New York, was sentenced to five years probation for her conviction of Burglary in the Third Degree, a class D felony.  The incident occurred on July 28, 2015, in the City of Salamanca, when the defendant, knowingly entered or remained unlawfully in a building with intent to commit a crime therein.

MELANIE YANCHARAS-KITCH, 21, of Olean, New York, but presently incarcerated in the Cattaraugus County Jail, was sentenced to one year in the Cattaraugus County Jail for her conviction of Attempted Assault in the Second Degree, class E felony.  The incident occurred on October 14, 2015, in the City of Olean, when the defendant with intent to cause physical injury to another person, attempted to cause such injury to such person or to a third person by means of a deadly weapon or dangerous instrument.