crime

The driver of a pickup truck that plowed into the western entryway of Batavia's police headquarters did so intentionally, investigators say.

Charges are pending against Steven J. Mancuso-Haitz Jr., according to a statement released by BPD.

Mancuso-Haitz is identified by police as the man who drove a 1998 Chevrolet S10 pickup into the building at 2:57 p.m., Friday, causing damage to the doorway, but apparently not causing any structural damage.

The driver was transported to Strong Memorial Hospital for evaluation.

The investigation is ongoing, police said.

No motive was given for Mancuso-Haitz to allegedly drive his truck into the building. Mancuso-Haitz has had prior local law enforcement contact, including an incident that led to this correction by The Batavian in 2011.

Yekaterina Reznichenko, 28, of Tracy Street, Rochester, is charged with robbery 3rd and two counts of grand larceny 4th. Reznichenko is suspected of robbing the Five Star Bank in Batavia in February. Reznichenko was located by Rochester PD and turned over to Batavia PD. She is being held by the Genesee County Jail.

Lakeisha A. Gibson, 28, of East Avenue, Lockport, was arrested on a bench warrant for alleged failure to appear on a disorderly conduct charge. Gibson was located by the Niagara County Sheriff's Office and turned over to Batavia PD.  Gibson posted $130 police bail and was released.

Adam D. Smart, 32, of Dellinger Avenue, Batavia, is charged with harassment 2nd, endangering the welfare of a child and criminal obstruction of breathing. The charges stem from an alleged domestic incident reported at 1:30 p.m., Saturday. He was jailed on $10,000 bail.

Darwin Zuniga-Rocha, Eliseo Mateo-Perez and Uriel Ramirez-Perez are accused of first-degree rape, a Class B felony. It is alleged that on Nov. 16, 2014, in the Town of Elba, they engaged in sexual intercourse with another person by forcible compulsion.

Nathan L. Royse is accused of first-degree burglary, a Class B violent felony. It is alleged that on July 9, 2014, he knowlingly entered or unlawfully remained in a dwelling on Wood Street in the City of Batavia with intent to committ a crime. In the course of the alleged crime, he or another participant is accused of causing physical injury to a person who was not a participant. In count two, Royse is accused of second-degree assault, a Class D violent felony, for allegedly causing physical injury to a person not participating in the commission of a felony or attempted felony.

The four men named in these Grand Jury indictments are to be arraigned in Genesee County Court on Thursday.

Sometime between 11 a.m. and 4 p.m., New Year's Day, even as Laura Ford and her son where home, somebody snuck onto the porch of the Ford residence and stole this chainsaw carving of a bear.

Bill Ford bought the bear as a one-year anniversary present for Laura about four years ago.

The Fords are asking if anybody has information that may help in its recovery, to please call the Sheriff's Office at (585) 343-5000. The case is being investigated by Deputy Corey Mower.

An appeal denied this morning will keep Dashawn Butler locked up, at least pending further appeals.

A jury found Butler guilty Nov. 21 of guilty of criminal use of a firearm, 2nd, criminal possession of a weapon, 2nd, and attempted assault, 1st.

Judge Robert C. Noonan sentenced Butler to eight years in prison Dec. 22.

Attorney Thomas Burns filed a motion for a stay of his client's sentence pending and the appeal was heard in a telephone conference call this morning with Justice Eugene Fahey, NYS Appellate Division, Fourth Department. 

District Attorney Lawrence Friedman and Burns argued their positions with Fahey, and Fahey issued his ruling at the hearing's completion.

Butler was transferred from the Genesee County Jail to the Department of Corrections on Friday, and Fahey ruled Butler will stay in the prison system while his other appeals move forward.

A new attorney will be appointed to Butler for the appeal process.

A Bethany resident accused of causing a brain injury to a toddler appeared in County Court today, but his case was continued to another date because his newly hired attorney was unable to make an appearance this morning.

Anthony P. Dibble, 25, was arraigned last week on a sealed indictment charging reckless assault of a child and assault in the second degree. 

In an interview following Dibble's appearance, Assistant District Attorney Will Zickl said the toddler, a 2-year-old female, suffered a very serious brain injury and underwent surgery to relieve swelling in her brain.

"Fortunately, she is recovering at this point," Zickl said.

Asked for a prognosis, Zickle said, "I don't know the prognosis and I don't even know if the medical professionals would predict that because neurological injuries are very tricky, especially predicting the future."

Dibble is the child's biological father, Zickl said; however, the child lives with her mother, who is not a Genesee County resident.

The parents are not married, Zickl said.

By mutual agreement, the toddler was staying with Dibble on an overnight visit in August.

The injured child was driven to UMMC by Dibble and from there was taken by Mercy Flight to Women & Children's Hospital in Buffalo, where the surgery was performed.

Zickl declined to discuss the circumstances the prosecution believes led to the girl's injuries.

The indictment accuses Dibble of causing a serious physical injury to the brain of a child less than 5 years old by shaking the child or slamming or throwing the child so as to impact the child's head on a hard surface or object.

He is also accused of intending to cause physical injury to a person under 7 years of age and caused such an injury by biting the person. 

Buffalo attorney Dominic Saraceno has apparently been retained to represent Dibble. Because of a prior commitment, he couldn't be in court today on relatively short notice, but did contact the office of Judge Robert C. Noonan and ask that the case be continued to a later date.

Dibble is due in court again at 10:45 a.m., Jan. 22.

Ricky N. Porter Jr., 24, of Gilbert Street, Le Roy, and a 16-year-old male from Brighton (name not released by Le Roy PD), were charged with assault, 3rd. Porter and the teen allegedly punched another person numerous times, causing facial fractures, swelling and lacerations. The victim required hospital treatment. The teen was also charged with criminal mischief, 3rd. It's alleged that after turning himself in at Le Roy PD headquarters, he punched a window, damaging the window and hurting himself. After being treated for the injury, he was arraigned on both charges and jailed on an unspecified amount of bail.

Renee L. Coughlin, no age provided, of Bergen, is charged with DWI and criminal possession of a weapon, 4th. Coughlin was stopped by State Police in Olean. During the investigation, troopers allegedly found she was carrying a stun gun.

Joseph B. Hogan, 75, of Corning, is charged with federal criminal tax fraud, 4th, and possession of unstamped cigarettes. Hogan was stopped on Route 77 in the Village of Corfu by Officer Michael Petritz for allegedly driving 47 in a 35 mph zone.

William James Bick, 25, of Dorman Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Bick was stopped at 2:33 a.m. Dec. 27 on Oak Orchard Road by Sgt. Thomas Sanfratello.

Laticia S. Anderson, 29, of Wilson Street, Rochester, is charged with harassment, 2nd, and menacing, 2nd. Anderson was allegedly involved in a fight at 16 Bank St., Batavia, at 10 p.m. Sunday. She was jailed on $1,000 bail.

Katie Rose Wishman, 29, of Ross Street, Batavia, is charged with petit larceny, possession of a hypodermic instrument and criminal possession of a controlled substance. Wishman is accused of shoplifting from Dollar General. She was allegedly found in possession of a hypodermic needle and a small amount of crack cocaine upon her arrest.

Cody David Cutitta, 28, of Broadway Road, Alexander, is charged with criminal possession of stolen property, 4th, petit larceny, identity theft, 3rd, and forgery, 3rd. Cutitta allegedly used a credit card without authorization to obtain goods and services at two locations in the City of Batavia and one in the Town of Batavia.

Crystal L. Marsceill, 34, of Oak Street, Batavia, was arrested on warrants for alleged failure to appear on an aggravated unlicensed operation charge and on a grand larceny charge. She was jailed on $5,000 bail.

UPDATE: Marsceill was also arrested in Wyoming County. Marsceill was reportedly a passenger in a vehicle stopped at 2:58 a.m. Saturday on Route 19, Warsaw. A deputy asked for her name and birthdate to perform a warrant check and was told she would be arrested if she lied about the information. Marsceill allegedly gave an incorrect first name. The deputy found a felony warrant for her arrest out of the City of Batavia. She was charged with false personation and turned over to Batavia PD.

Erica M. Raphael, 30, of Oak Orchard Road, is charged with petit larceny. Raphael allegedly stole merchandise from Dollar General.

Casey J. Halsey, 34, of Silver Lake, is charged with aggravated harassment. Halsey was arrested in the Town of Batavia by State Police for an alleged incident reported at 10:30 a.m. New Year's Day. Halsey was held on an unspecified bail. No further details released.

Andrea L. Osborne, 30, of Albion, is charged with DWI and driving with a BAC of .08 or greater. Osborne was stopped at 10:20 p.m. on New Year's Day in the Town of Batavia by State Police.

Brandon P. Matteson, 18, of Dutton Road, Silver Springs, is charged with burglary, 3rd. Matteson is accused of stealing from a locked concessions stand in an Oakfield Park.

Gary D. Piazza, 59, of Jackson Street, Batavia, is charged with petit larceny. Piazza is accused of shoplifting from the gas station at 99 Jackson St., Batavia.

Michael B. Neth, 37, of Summit Street, Batavia, is charged with harassment, 2nd. Neth allegedly pushed another person to the ground. The alleged incident was reported at 11:15 p.m., Saturday. 

Steven R. Columbo, 28, of East Main Street, Batavia, is charged with assault, 3rd. Columbo allegedly grabbed the arm of another person hard enough to cause dark bruising and substantial pain. The alleged incident was reported at 9:51 p.m., Wednesday.

A 16-year-old resident of Dellinger Avenue was charged with trespass. The youth was allegedly on property on Liberty Street without permission. Also charged with trespass at the same location was Destiny N. Green, 18, of Walnut Street, Batavia.

David Mobley Schmieder, 20, of Silver Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and moving from the lane unsafely. Schmieder was stopped at 2:37 a.m. Thursday on Erie Street, Darien, by Deputy Andrew Hale.

A vehicle that was apparently doing donuts in the parking lot has struck the Marshall's building on Veterans Memorial Drive and is attempting to leave.

The vehicle was last seen, possibly, attempting to leave the Clarion Hotel parking lot on Park Road.

It's described as a small, white SUV.

UPDATE 10:21 p.m.: A suspect vehicle has been stopped.

UPDATE 10:23 p.m.: A deputy reports a very small amount of damage to a pillar in front of the store, with skid marks leading up to it.

UPDATE 10:24 p.m.: Registration comes back to a residence in Holley.

UPDATE 10:25 p.m.: State Police confirms it believes it has the driver.

UPDATE 10:27 p.m.: A trooper is asking the deputy on scene to look for a license plate that may be missing off the vehicle. A female is in custody.

Jeffrey Deats, the Batavia resident arrested Dec. 18 following the investigation into the death of a 6-month-old boy, died Monday, Batavia PD announced this afternoon.

Deats was found hanging from a bed sheet in his Genesee County Jail cell the night of Dec. 21. CPR was performed by jail staff and Deats was transported to UMMC and later ECMC.

As a result of his death, the criminal case against Deats is closed, Chief Shawn Heubusch said.

Chandler Zuchs died Dec. 14 while in the care of Deats.

At the time, Deats believed he was the father of Chandler, though after his arrest, DNA test results surfaced that showed an Albion resident was the infant's father.

In his statement to police during the investigation, Deats said the boy's mother, Michelle Zuchs, of Tonawanda, alternately told Deats he was the father and wasn't the father, and finally told him she had DNA test results back, apparently leading Deats to believe he was the father.

One account Deats gave of how Chandler may have suffered brain damage, which was the cause of the baby's death, was that he fell down the stairs of his Olyn Avenue home while carrying Chandler.

Deats was 28 years old.

For previous coverage, click here.

Mary Ann McClain, 53, of North Main Street, Albion, is charged with harassment, 2nd. McClain allegedly pushed a chair into another person repeatedly "causing annoyance and alarm." The call came in at 7 p.m. Monday on Judge Road, Alabama. 

Derek G. Thomas, 38, of Ross Street, Batavia, is charged with petit larceny and conspiracy, 6th. Thomas is accused of shoplifting from Dollar General on Sunday. Also arrested was Melinda S. Blackshear, 49, of Ross Street, Batavia. Blackshear was charged with petit larceny and conspiracy, 6th.

Rashad N. El-Amin, 33, of Jackson Street, Batavia, is charged with unlawful possession of marijuana. El-Amin was arrested following an investigation at 3:18 a.m. Monday into a reported suspicious condition at an apartment on South Main Street, Batavia.

Matthew M. Maniace, 32, of Birchwood Drive, Batavia, is charged with harassment, 2nd, and petit larceny. Maniace allegedly bent back the thumb of another person and took the phone of that person before leaving a residence on Birchwood Drive, Batavia, at 12:19 p.m. on Sunday. Maniace was also arrested on a warrant for alleged failure to appear on a aggravated unlicensed operation, 3rd, charge and jailed on $1,000 bail.

Lauren M. Hunter, 24, of Oatka Trail, Le Roy, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Hunter was arrested following an investigation into an unrelated complaint at 2:43 a.m. Sunday on Summit Street, Batavia.

Ramon E. Esparza, 25, of State Street, Batavia, is charged with petit larceny, obstructing governmental administration, 2nd, and criminal mischief. Esparza is accused of stealing a purse while at a local restaurant. The call came in at 10:52 p.m., Friday. When police arrived and located Esparza, he allegedly failed to comply with an officer's instructions. There was allegedly a brief physical struggle before Esparza was taken into custody by Officer Marc Lawrence. Esparza was jailed on $2,500 bail.

Sade A. Poole, 22, of West Avenue, Medina, is charged with harassment, 2nd. Poole allegedly struck an employee of a local bar. The call came in at 1:16 a.m., Saturday.

William B. Coley, 44, of Frisbee Terrace, Holley, is charged with petit larceny. Coley is accused of stealing $764 from a misplaced wallet at a location on Park Road, Batavia, on Nov. 5. 

Dustin V. Gothard, 26, of Wolcottsville Road, Akron, is charged with petit larceny and unlawful possession of marijuana. Gothard allegedly stole a bottle of cough medication from Tops Market. Upon his arrest, he was allegedly found in possession of marijuana.

Kayleigh Jean Allen, 22, of North Byron Road, Elba, is charged with DWI, driving with a BAC of .18 or greater and failure to signal a turn. Allen was stopped at 2:57 a.m. Dec. 21 on North Byron Road, Elba, by Deputy Eric Seppala.

Jason Scott Stanley, 22, of Judge Road, Basom, is charged with DWI, driving with a BAC of .08 or greater and speeding. Stanley was stopped at 11:40 p.m., Friday, on Batavia Oakfield Townline Road by Deputy Joseph Corona.

Michele Lynn Buccinna, 46, of Alleghany Road, Basom, is charged with DWI, driving with a BAC of .08 or greater, and two counts of speeding (77 in a 45-mph zone and 52 in a 30-mph zone). Buccinna was stopped at 1:45 a.m. Saturday on Pearl Street, Oakfield, by Deputy Joseph Corona.

Antonio Lee Escobar, 19, of 156 Woodside Court, Holley, is charged with unlawful possession of marijuana. Escobar was allegedly found in possession of marijuana after a traffic stop on a suspicious condition complaint at 10:30 p.m. Dec. 21 by Deputy Christopher Erion.

Todd Wilbur Ellinwood, 54, of South Union Street, Rochester, is charged with driving while ability impaired by drugs, unlawful possession of marijuana, unregistered motor vehicle, uninspected motor vehicle and failure to signal. Ellinwood was stopped at 8:11 p.m. Saturday on Rochester Street, Bergen, by Deputy Joseph Corona.

Martha Ruth Thorn, 34, of Main Road, Stafford, is charged with DWI, driving with a BAC of .08 or greater, and lights not meeting standards. Thorn was stopped at 2:49 a.m. Sunday on Main Road, Stafford, by Deputy Joseph Corona.

Eric N. Ayers, 30, of Covington Street, Perry, is charged with criminal sale of a controlled substance, 4th, and criminal possession of a controlled substance, 5th. Ayers is accused of selling buprenorphine (suboxone) to an agent of the Local Drug Task Force in October in the City of Batavia. Ayers was arraigned and jailed without bail.

Adam W. McGill, 36, of Oak Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and speeding. McGill was stopped at 1:37 a.m. Saturday on Cedar Street, Batavia, by Officer Devon Pahuta. 

Tiffany A. Reed, 20, of South Main Street, Batavia, is charged with harassment, 2nd. Reed allegedly sent a threatening message to another person through Facebook.

Anthony P. Dibble is indicted on counts of reckless assault of a child and assault in the second degree. Dibble is accused of causing a serious physical injury to the brain of a child less than 5 years old by shaking the child or slamming or throwing the child so as to impact the child's head on a hard surface or object. He is accused of intending to cause physical injury to a person under 7 years of age and caused such an injury by biting the person. The alleged crimes were reported Aug. 11 in the Town of Bethany.

Carrie A. Stewart is indicted on counts of burglary in the third degree, petit larceny and criminal contempt in the second degree. Stewart is accused of entering Walmart on Sept. 14 with the intent of committing a crime inside the building. Once inside Walmart, Stewart allegedly stole party supplies, books, dolls, toys, an Easy Bake Oven and a karaoke machine. She allegedly violated a court order that required her to stay away from a person at Walmart.

Robert J. Propst is indicted on counts of robbery in the first degree, two counts of grand larceny in the fourth degree and criminal possession of a weapon in the third degree. On Aug. 6, Propst allegedly use force to steal property from a victim on Pearl Street, Batavia, while wielding a knife. He's accused of stealing property from the person, including a Visa credit card.

Jeffrey L. Deats, the Batavia resident charged with the death of 6-month-old Chandler Zuchs, is showing no brain activity, according to a letter from District Attorney Lawrence Friedman asking that Deats be released from custody on his own recognizance.

The letter was filed with City Court this morning.

Friedman states that Bill Zipfel, superintendent of the Genesee County Jail, informed him that a doctor at ECMC contacted the jail following a CAT scan on Deats and found there is no brain activity in the patient.

Deats is not expected to survive.

"Zipfel also told me that guarding the defendant 24/7 is creating a terrible burden on his staff and he requested that they be relieved of their duty and the defendant be released on his own recognizance," Friedman wrote.

A felony hearing scheduled for this morning in City Court was cancelled.

Deats was arrested Wednesday following an investigation into the death the previous weekend of Baby Chandler.

Over the weekend, Deats was found hanging in his cell by bedsheets. CPR was performed and he was taken to UMMC and later transfered to ECMC.

For previous coverage of the case, click here.

Andrea M. Gray, 36, of Maple Street, Batavia, is charged with harassment, 2nd, criminal mischief, 4th, criminal tampering, 3rd, coercion, 1st, and obstruction of governmental administration. During an incident first reported at 2:12 a.m. Saturday at a residence on Maple Street, Gray allegedly tore the shirt of a roommate during a fight. She then allegedly attempted to interfere with the arrest of a person accused of violating a court order by having contact with her. She allegedly attempted to coerce police officers to release the suspect by threatening to harm herself if he was not released. Gray was jailed without bail. Gray was also charged with petit larceny for allegedly taking the mobile phone of a roommate Friday and not returning it.

Russell R. Miles Jr., 46, of East Main Street, Batavia, is charged with criminal contempt, 1st. Miles was arrested following an investigation into a disturbance reported at 2:12 a.m. Saturday on Maple Street, Batavia. Miles has a previous criminal contempt conviction within the past five years. He was ordered held without bail.

Jeremiah J. Cieszynski, 27, of Warsaw, and Sally M. Sims, 24, of Warsaw, are charged with petit larceny. Cieszynski and Sims are accused of stealing clothing and sneakers valued at $125 from Kmart.

Bashard L. Joiner, 21, of Rochester, is charged with two counts of criminal trespass, 3rd. Joiner received a suspension letter from GCC on Oct. 9 and told he was not permitted on campus property. During November, Joiner was allegedly spotted several times at College Village by safety officers and video surveillance. On Dec. 10, Joiner was located in the cafeteria on campus and placed under arrest by State Police. He was jailed on $300 bail or $600 bond.

Jeannette Kathleen Moore, 44, of West Avenue, Batavia, is charged with grand larceny. Moore is accused of stealing from Kmart while employed at the store.

Katie R. Wishman, 29, of Osterhout Avenue, Batavia, is charged with assault, 2nd, criminal possession of a weapon, 3rd, endangering the welfare of a child, criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. Wishman allegedly hit another family member in the face with a mug causing an injury. This act was allegedly committed in the presence of a 3-year-old child. During the investigation, police allegedly found heroin and needles. Wishman was jailed on $10,000 bail.

Kelly A. Hasenauer, 50, of Webster Street, Batavia, is charged with falsifying business records. Hasenauer allegedly signed a fake name to a business record at UMMC's ER in an attempt to defraud.

Linda L. Snyder, 32, of Central Avenue, Batavia, is charged with harassment, 2nd. Snyder allegedly threatened to fight another person at 5 p.m. on Dec. 9 at the Richmond Memorial Library.

Debra Elizabeth Webster, 46, of Route 20A, Warsaw, is charged with DWI, driving with a BAC of .18 or higher, unlawful possession of marijuana, speeding and failure to signal. Webster was stopped at 12:23 a.m.  Friday on Noonan Drive, Batavia, by Deputy Joseph Corona.

William James Johnson, 41, of Alleghany Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident, speeding and failure to keep right. Johnson was allegedly involved in an accident at 9:22 p.m. Saturday on Route 5, Pembroke, which was investigated by Deputy Joseph Corona.

Matthew Alan Hoye, 23, of Woodcrest Drive, Batavia, is charged with unlawful possession of marijuana. Hoye was arrested following a check of a roadside vehicle at 12:26 a.m., Saturday.

Peter James Curts, 25, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to stop at a stop sign. Curts was stopped at 11 p.m. Thursday on Parmalee Road, Le Roy, by Deputy Joseph Corona.

Brett W. Short, 28, of Le Roy, is charged with unlawful possession of marijuana. Short was charged by State Police following a traffic stop Friday morning in Batavia.

Arthur Robinson, 60, of Raleigh, NC, is charged with DWI in a commercial vehicle and driving with a BAC of .08 or greater. Robinson was stopped at 10 a.m. Sunday by State Police on Clinton Street Road, Stafford.

Following a search of a residence on Summit Street yesterday, a 29-year-old Batavia resident was arrested and accused of dealing drugs.

The residence at 136 Summit St., Batavia, was searched pursuant to a warrant related to an investigation by Albion PD into a series of thefts in that community.

Arrested by the Local Drug Enforcement Task Force was Philip R. Ayala. He was charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, and unlawful possession of marijuana.

Criminal possession, 3rd, is charged when prosecutors believe the suspect possessed narcotics with the intent to sell the drugs.

Authorities say they recovered a quantity of crack cocaine and marijuana.

The search also yielded several items that were allegedly stolen from the Albion area.

Ayala was jailed on no bail.

The investigation is continuing and additional charges are pending.

In a statement yesterday, Albion Police Chief Roland D. Nenni III said additional arrests were expected.

Batavia PD and the Emergency Response Team assisted in the search.

These two vehicles were involved in an overnight accident on Prospect Avenue, Batavia, according to the reader who provided the pictures. The white Honda Civic was parked and the red Mercedes struck the car head-on. The driver fled. At the time the photos were sent to us early this morning, the driver was still at large. We've been unable so far this morning to obtain additional information.

UPDATE: Police say officers have yet to make contact with the driver; however, police believe they know who the driver was and charges are pending.

Jeffrey L. Deats, the 28-year-old man charged with manslaughter in the death eight days ago of Chandler Zuchs, is now listed in stable condition following an apparent suicide attempt last night at the Genesee County Jail.

This morning Deats was listed in critical condition.

Baby Chandler died at age 6 months. The Monroe County Medical Examiner reported that Chandler suffered brain injuries.

Deats was arrested Wednesday following a police investigation into the death.  

He was jailed on $50,000 cash bail or $100,000.

Deats was reportedly found hanging from bedsheets in his cell shortly after midnight. A corrections officer performed CPR and Deats was transported by Mercy EMS to UMMC before being transferred to ECMC.

For previous coverage of the case, click here.

After denying a defense motion for a new trial, Judge Robert C. Noonan today sentenced Dashawn Butler to eight years in prison.

Accused of firing a handgun at another person Sept. 27, 2013, on State Street, Butler was convicted Nov. 22 following a jury trial of criminal use of a firearm, 2nd, criminal possession of a weapon, 2nd, and attempted assault, 1st.

On a motion by Defense Attorney Thomas Burns, Noonan reduced the second count to criminal possession of a weapon, 4th.

Burns argued during the trial and in written motions that the charges should be dismissed and the verdict overturned based on his contention that the prosecution failed to produce significant evidence of a weapon being used.

There was no physical evidence in the case, Burns said. 

"In this case there simply is no physical or forensic evidence that the firearm my client is alleged to have possessed was loaded, if it had ammunition, and if it did, if the ammunition was capable of being ignited and propelled, and that the firearm itself was operable," Burns said.

While Burns characterized witness testimony as that of a "layperson's" account, Noonan, in his written decision and order, gave substantial credence to the testimony.

"Although the weapon in question was never recovered," Noonan wrote, "the victim's testimony that the defendant shot at him three times such that he could actually see the fire coming out of the barrel of the gun, together with other eyewitness testimony as to the defendant's possession of a small black revolver which he pulled out and shot at victim repeatedly before the gun jammed, as well as the defendant's subsequent possession of the same weapon and statements to the effect that the victim was not hit and the gun jammed either because the bullets were too big or blanks, provides sufficient, circumstantial evidence that the gun possessed by the defendant was operable immediately prior to jamming."

District Attorney Lawrence Friedman asked Noonan to send Butler to prison for a long stretch.

"Based on his criminal history and his conduct this case, involving firing a loaded handgun, not only at another person, but while other people were in the area, and based on this defendant's intimidation of a witness, which was laid out for the court in great detail, we're asking for the maximum sentence," Friedman said.

Burns suggest a minimum sentence would be more appropriate.

"My client is a young man who has children and does not have an extensive hard criminal history," Burns said. "Given the wide range of sentencing options available to the court, a minimum, determinate sentence would be appropriate."

Noonan said it was an unusual case and an unusual trial, but the conviction was serious enough to warrant the maximum sentence.