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Tuesday, June 21, 2016

Cattaraugus County District Attorney report for June 20, 2016

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, June 20, 2016:

Arraignments
JARON RUTH,24, of Buffalo, New York, but presently in the Orleans Correctional Facility was arraigned and entered a plea of not guilty to an indictment that charges him with Murder in the Second Degree, a class A-1 felony; Burglary in the First Degree, a class B felony; Robbery in the First Degree, a class B felony.  The incident occurred in September 2012, in the Town of Great Valley when Ruth allegedly entered a home with the intent to commit a crime, forcibly stole property and with the intent to cause the death of another person, caused the death of a Kill Buck man. The matter has been adjourned for motions.

MATTHEW SHIELDS, 34, of Randolph , New York,  was arraigned and entered a plea of not guilty to an indictment that charges him with Aggravated Driving While Intoxicated, a class D felony; Driving While Intoxicated, a class D felony; Move from Lane Unsafely , a violation.  The incident occurred on February 24, 2016, in the Town of Leon when Shields allegedly operated a motor vehicle when he had a BAC .31%. The matter has been adjourned for motions.

SHANE M. MASON, 35, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Aggravated Driving While Intoxicated, a class E felony; Driving While Intoxicated, a class E felony; Reckless Driving, a misdemeanor; Consumption of Alcohol in a Motor Vehicle, a violation; Unlicensed Operator, a violation.  The alleged crime occurred on February 19, 2016, in the City of Olean when he operated a motor vehicle on a public highway at a time when he had a BAC .27%. The matter has been adjourned for motions.

Guilty Pleas

KRISTIAN P. GORDON-SMITH, 29, of Hinsdale, New York, entered a plea of guilty to Failure to Register with the Sex Offender Registry, a class E felony to satisfy a pending indictment.  The incident occurred on December 5, 2015, in the City of Olean, when the defendant failed to register a change of address with the Division of Criminal Justice Service within 10 days after a change of address.  Sentencing is scheduled for August 22, 2016.

ANDREW ESTRADA, 21, of Gowanda, New York, entered a plea of guilty to Attempted Criminal Possession of a Controlled Substance in the Fifth Degree, class E felony to satisfy a pending indictment.  The incident occurred on September 25, 2015, in the City of Gowanda, when Estrada knowingly and unlawfully possessed and sold a narcotic drug and possessed material suitable for packaging individual quantities, packaging or dispensing of narcotic drugs or stimulants.  Estrada also entered a plea of guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree, class C felony to satisfy a separate pending indictment.  The incident occurred in January 2015 in the Town of Persia, when the defendant knowingly and unlawfully possessed and sold a narcotic drug. Sentencing is scheduled for August 22, 2016.

 

KEVIN MYLETT, 41, of Cattaraugus, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Driving While Intoxicated, a class E felony.  The incident occurred on March 13, 2016, in the Town of Randolph, when the defendant operated a motor vehicle on a public highway while in an intoxicated condition.  Sentencing is scheduled for September 12, 2016.

MICHAEL FLYNN, 16, of Olean, New York, entered a plea of guilty to Burglary in the Third Degree, a class D felony to satisfy a pending indictment.  The crime occurred on December 27, 2015, in the Town of Allegany, when he knowingly and unlawfully entered or remained in a dwelling with intent to commit a crime therein. Sentencing is scheduled for August 22, 2016.

Sentences

RACHEL L. SCHINDLER, 28, of Perrysburg, New York, was sentenced to a term of 1 to 3 years with the New York State Department of Corrections and restitution for her conviction to Attempted Assault in the Second Degree, a class E felony.  The incident occurred on June 11, 2015, when she attempted to cause such injury to such person by means of a deadly weapon or a dangerous instrument.

JOHNATHAN WRIGHT, 21, of Randolph, New York, was sentenced to a term of six months in the Cattaraugus County Jail and 5 years probation for his conviction to Assault in the Second Degree, a class D felony and an additional 15 days to run concurrent for his conviction to Harassment in the Second Degree, a violation.  The incident occurred on August 9, 2015, when the defendant caused physical injury to another person by means of a deadly weapon or dangerous weapon. 

STEVEN HOLT, 40, of Olean, New York,  was sentenced to a term of 1 year in the Cattaraugus County Jail for his conviction to Attempted Criminal Possession of a Controlled Substance in the Third Degree, a class C felony.  The incident occurred on November 18, 2015, in the City of Olean, when the defendant knowingly and unlawfully attempted to possess a narcotic drug. 

NICOLE L. SPINLER, 30, of Little Valley, New York, was sentenced to 5 years probation; drivers license revoked for 1 year; 120 hours of community service for her conviction to Driving While Intoxicated, a class D felony.  The incident occurred on May 22, 2014, in the Town of Randolph when the defendant operated a motor vehicle on a public highway with a BAC.14. 

SHAWN T. METCALF, 32, of Franklinville, New York, was sentenced to a term of 4 months with the New York State Department of Corrections and 5 years probation; ignition interlock for 1 year for his conviction to Driving While Intoxicated, a class E felony and 3 years probation; drivers license revoked for 1 year for his conviction to Aggravated Unlicensed Operation in the Second Degree, a misdemeanor.  The incident occurred on or about August 26, 2015, in the Town of Yorkshire.

JENNIFER A. SULLIVAN, a/k/a JENNIFER A. WITZIGMAN, 36, of Olean, New York, was sentenced to two terms of 3 years probation to run concurrent for her conviction to Official Misconduct and 100 hours of community service for her conviction to Petit Larceny, both class A misdemeanors.  The incidents occurred between January 2010 and September 2011, in the Town of Hinsdale. Sullivan is the former Hinsdale Town Justice. Prosecutors said she 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.

MEGAN L. SHIMBURSKI,27, of Springville, New York, was sentenced to 5 years probation for her conviction for her conviction to Tampering with Evidence, a class E felony and 3 years probation for her conviction to Criminal Possession of a Controlled Substance in the Seventh Degree. The incident occurred between March 19, 2014, March 31, 2014 and April 15, 2014, in the Town of Yorkshire when the defendants burglarized a building and stole items from within and also unlawfully grew marijuana. 

RYAN SKIVER, 30, of Springville, New York, was sentenced to a term of 9 years plus 5 years post release supervision with the New York State Department of Corrections for his conviction to Burglary in the Second Degree, a class C felony; also a term of 2 to 4 years with the New York State Department of Correction  for his conviction to Grand Larceny in the Third Degree, a class E felony; further a term of 2 to 4 years with the New York State Department of Corrections for his conviction to Burglary in the Third Degree, class D felony and also a term of 2 years plus 2 years post release supervision with the New York State Department of Corrections for his conviction to Criminal Possession of a Controlled Substance in the Fifth Degree, a class D felony all to run concurrent.  The incidents occurred in 2014, in the Town of Yorkshire when the defendant burglarized a building and stole items from within and unlawfully grew marijuana.

DAVID E. MOHR, 34, of Cattaraugus, New York, was sentence to 5 years probation; drivers license revoked for 1 year; ignition interlock for 1 year and 240 hours of community service for his conviction to Driving While Intoxicated, class E felony.  The incident occurred on January 1, 2016 in the Town of New Albion, when the defendant operated a motor vehicle in an intoxicated condition, having a .24 % BAC. 

MICHAEL R. MAGNANO, 81, of Allegany, New York, was sentenced to 1 year conditional discharge and restitution for his conviction to Issuing a Bad Check, a class B misdemeanor.  The incident occurred on May 6, 2015, in the City of Olean, when the defendant stole property and the value of the property exceeded $50,000.