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Thursday, October 6, 2016

Cattaraugus County District Attorney Report

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, October 3, 2016:

Arraignments
CHERI BURTMAN, A/K/A, CHERI BEARFIELD, 35, of Olean, New York, was arraigned and 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 Criminal Sale of a Controlled Substance in the Fourth Degree, a class C felony.  The incident occurred on February 25, 2016, in the City of Olean.  The matter has been adjourned for motions.

ROBERT WASHINGTON, 37, of Olean, New York and a former special education teacher was arraigned and entered a plea of not guilty to an indictment that charges him with six [6] counts of Sex Abuse in the Second Degree, class A misdemeanors; six [6] counts of Forcible Touching, class A misdemeanors; two[2] counts of Criminal Sex Act in the Second Degree, class D felonies; two [2] counts of Criminal Sex Act in the Third Degree, class E felonies and Endangering the Welfare of a Child a class A misdemeanor.  The incidents occurred between May 21, 2016 and June 16, 2016, in the City of Olean, when “the defendant allegedly engaged in oral sexual conduct with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent and less than fifteen years old and likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old.”  The matter has been adjourned for motions.

DENNIS G. MITCHELL, 28, of Gowanda, New York, was arraigned and 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 and Criminal Sale of a Controlled Substance in the Thirds Degree, a class B felony.  The incidents occurred on December 21, 2015 and January 14, 2016, in the Town of Persia, when he allegedly possessed and sold a narcotic drug.  The matter has been adjourned for motions.

THOMAS J. ARCHER, 21, of Delevan, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with Burglary in the Third Degree, class D felony; Petit Larceny, class A misdemeanor; Criminal Possession of Stolen Property in the Fourth Degree, class E felony; Unlawful Growing Cannabis, class A misdemeanor; Unlawful Possession of Marijuana, violation.  The incident occurred on June 13, 2016, in the Town of Machias, when the defendant allegedly entered or remained unlawfully in a building with the intent to commit a crime therein, stole property and unlawfully possessed marijuana.   The matter has been adjourned for motions.

LORI A. COLE, 54, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges her with Driving While Intoxicated, a class E felony; Aggravated Unlicensed Operation in the First Degree, class E felony; Refusal to Submit/Breath Test, a violation; Speed in Zone, a violation; Failure to Obey Traffic Device, a violation.  The incident occurred on April 9, 2016, in the City of Olean, when she allegedly operated a motor vehicle on a public highway while she was in an intoxicated condition and when she knew or had reason to know that her license or privilege of operating a motor vehicle in the State of New York was suspended or revoked as a result of an alcohol related offense.  The matter has been adjourned for motions.

PAUL M. KEMERY, 51, of Bradford , P.A, was arraigned and entered a plea of not guilty to an indictment that charges him, with two [2] counts Driving While Intoxicated, class E felonies; Insufficient Headlights, a violation.  The incident occurred on May 14, 2016, in the City of Olean, when he allegedly operated a motor vehicle on a public highway while he had a BAC .17%.  The matter has been adjourned for motions.

Guilty Pleas
MATTHEW SHIELDS, 34, of Randolph , New York,  entered a plea of guilty to Driving While Intoxicated, a class D felony.  The incident occurred on February 24, 2016, in the Town of Leon when the defendant operated a motor vehicle on a public highway at a time when he had a BAC .31%.  Sentencing is scheduled for 12/12/2016.

CHAD SIAGO, 45, of Allegany, New York, entered a plea of guilty to Trespass, a violation to satisfy a pending indictment. He was sentenced to a 1 year Conditional Discharge. The incident occurred on January 24, 2016, in the City of Olean, when he knowingly entered or remained unlawfully in a dwelling with intent to commit a crime therein and stole property. 

RONALD MILLER, 61, of Olean, New York, entered a plea of guilty Attempted Endangering the Welfare of An Incompetent/Physically Disabled Person in the First Degree, a class A misdemeanor.  The incident occurred between July 1, 2015 and March 17, 2016  in the City of Olean, when the defendant knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect.  Sentencing is scheduled for 12/12/2016.

Sentencing
MARCUS A. TURNER, 33, of Olean, New York, was sentenced  as A PREDICATE FELONY OFFENDER to a term of 3½ years plus 3 years Post Release Supervision with the New York Department of Corrections for his conviction to Attempted Criminal Possession of a Controlled Substance in the Third Degree, class C felony . The incidents occurred on September 25, 2015, in the City of Olean, when the defendant knowingly and unlawfully possessed a narcotic drug with the intent to sell it.

JAMES E. PITTMAN, 26, of Buffalo, New York, was sentenced as a VIOLENT PREDICATE FELONY OFFENDER to a term of 6 years plus 5 years Post Release Supervision with the New York State Department of Corrections and restitution for his conviction to Attempted Robbery in the Second Degree, class D felony and Attempted Burglary in the Second Degree, a class D felony.  The incident occurred on November 6, 2015, in the City of Olean, when the defendant forcibly stole property, knowingly entered or remained unlawfully in a dwelling with intent to commit a crime therein, stole property and harassed another person. 

RICHELLE FANCHER,  of Chaffee, New York,  was sentenced to a term of eight [8] months in the Cattaraugus County Jail for her conviction to Unlawful Manufacture of Methamphetamine, a class E felony.  The incident occurred on December 16, 2015 in the Town of Yorkshire, when the defendant intended to unlawfully manufacture, prepare or produce methamphetamine.

JOSHUA BASKINS, 19, of Wellsville, New York, was sentenced to a term of 1½ to 3 years Post Release Supervision with the New York State Department of Corrections for his conviction to Rape in the Third Degree, class E felony and a one [1] year local term on each in the Cattaraugus County Jail for his convictions to Burglary in the Second Degree, class C felony and Criminal Contempt in the Second Degree, class A misdemeanor to run concurrent. The incident occurred during January 2016, in the City of Olean, when the defendant knowingly and unlawfully enters or remains in a building with the intent to commit a crime therein and the building is a dwelling and being 18 years old or more, engaged in sexual intercourse with another person less than 15 years old and engaged in intentional disobedience or resistance to the lawful process or other mandate of a court.

SHAUNA L. JACOBS, 28, of Salamanca, New York,  was sentenced to 5 years probation; restitution and 75 hours of Community Service for her conviction to Attempted Forgery in the Second Degree, a class E felony.  The incident occurred on February 8, 2014, in the City of Salamanca, when the defendant with intent to defraud, deceive or injure another, she attempted to falsely make, complete or alter a written instrument. 

JEROME FOSKEY, 27, of Olean, New York, was sentenced to 5 years probation and restitution for his conviction to Attempted Criminal Sale 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 possessed and sold a narcotic drug.

JAMES GOULD, 40, of Great Valley, New York, was sentenced to a term of 3½ years plus  3 years Post Release Supervision with the New York Department of Corrections for his conviction to Attempted Criminal Possession of a Controlled Substance in the Third Degree, a class C felony and additional  2 ½ years plus 1 year Post Release Supervision for his Violation of Probation to run concurrent.  The incident occurred on April 7, 2015, in the City of Olean, when the defendant knowingly and unlawfully possessed and sold a narcotic drug.  

NICHOLAS BROOKS, 22, of Portville, New York, was sentenced to ten [10] years probation; a term of 90 days in the Cattaraugus County Jail and restitution for his conviction to Rape in the Third Degree, a class E felony.  The incident occurred on April 4, 2015, in the Town of Portville, when the defendant, being 21 years old or more, engaged in sexual intercourse with another person who was less than 17 years old.