The duo accused of breaking into a house on Park Avenue in the city on Jan. 14 were indicted yesterday afternoon by the Grand Jury on three counts in connection with the alleged crime.
Nathaniel R. Davis, 18, and Akeem M. Simmons, 23, are accused of first-degree burglary for allegedly entering a house at 28 Park Ave. illegally with the intent to commit a crime, and one of the participants, Davis, was armed with a handgun. Both defendants are also accused of criminal use of a firearm, 1st, for allegedly possessing a loaded weapon during the commission of the crime.
No weapon was found on Simmons.
These are Class B violent felonies.
In count three, the men are accused of fourth-degree conspiracy, a Class E felony, for allegedly agreeing with one another to commit the crime.
The defendants were taken into custody in less than an hour after the burglary was first reported at 11:28 a.m.. Davis, who was allegedly armed, was caputured about 100 yards from the residence. Simmons was captured after a manhunt which lasted about 45 minutes.
According to Batavia PD Det. Rich Schauf, it didn't appear that anything was stolen.
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