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New charge for alleged burglar originally arrested on DNA evidence

By Howard B. Owens

An alleged burglar who was originally indicted just as a John Doe based on a DNA profile from a crime scene, has been charged with another residential theft.

Samual G. Malone, 28, of 36 Walnut St., Batavia, was taken into custody during his appearance in Genesee County Court on his prior charges.

Malone was first arrested in April after a DNA profile from a crime scene was reportedly matched with his DNA. A grand jury had previously indicted the DNA profile on a set of burglary charges because the suspect had not yet been identified but the statute of limitations to file charges was running out.

Today, Batavia PD detectives took Malone into custody on an accusation that on Aug. 27, 2008 Malone entered an occupied dwelling by a side window and stole pieces of a drum set, including the bass drum, a snare and five cymbals.

Following processing on the new charge of burglary, 2nd, Malone was released from custody under the terms of his prior bail arrangment.

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