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Grand Jury: Man accused of attempted murder in stabbing on Lehigh Avenue in the city in August

By Billie Owens

Jamie A. Dutton is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on Aug. 25 Dutton, while outside the city water filtration plant at 480 Lehigh Ave., intended to cause the death of a person, and tried to do so by stabbing the intended victim with a knife. In count two, Dutton is accused of first-degree assault, a Class B violent felony, for allegedly causing serious physical injury to a person by means of a dangerous instrument -- a knife. In count three, Dutton is accused of criminal possession of a weapon in the third degree, a Class D felony, for allegedly knowingly possessing a dangerous knife. In Special Information filed by District Attorney Lawrence Friedman, Dutton is accused of having been convicted by criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. That conviction forms the basis for count three of the current indictment.

Devon A. Wright is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on March 2 Wright knowingly unlawfully entered the Valero Gas Station / Convenience Store on West Main Street in Batavia with the intent to commit a crime inside. In count two, Wright is accused of third-degree assault, a Class A misdemeanor, for allegedly entering the gas station that day with the intent to cause physical injury to another person. In count three, Wright is accused of fourth-degree criminal mischief, A Class A misdemeanor, for allegedly entering the gas station and intentionally damaging another person's property -- vaping oil and snack donuts. In count four, Wright is accused of resisting arrest, a Class A misdemeanor, for allegedly preventing or attempting to prevent a police officer from arresting him on March 12 on Central Avenue in the City of Batavia. In count five, he is accused of obstructing governmental administration, a Class A misdemeanor, for allegedly intentionally obstructing, impairing or perverting the administration of law March 12 on Central Avenue by means of intimidation, physical force or an unlawful act. In count six, Wright is accused of first-degree attempted assault, a Class C violent felony, for allegedly intentionally trying to cause serious physical injury to another person by means of a dangerous instrument -- a motor vehicle -- on April 8 on Highland Park in Batavia In counts seven and eight, Wright is accused of two more counts of fourth-degree criminal mischief for allegedly intentionally damaging the property of another person on April 21 at the Batavia Police Department -- a spit hood, and a drop ceiling, respectively. In count nine, Wright is again accused of resisting arrest, on April 21 on Holland Avenue in the City of Batavia. In count 11, Wright is accused of second-degree harassment. It is alleged in count 11 that on April 21 on West Main Street that he subjected a Batavia police officer to physical contact or threatened to do so by saying "I got something for you bro." In count 12, Wright is accused of criminal sexual act in the second degree, a Class D violent felony. It is alleged in count 12 that on Nov. 26, that in the area of Montclair Avenue in the City of Batavia, that he -- being age 18 or older -- engaged in oral sexual conduct with a person under the age of 15. In count 13, Wright is accused of endangering the welfare of child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of child less than 17 -- the child who is the subject of count 12, who is 13 years old. In count 14, Wright is again accused of resisting arrest on Nov. 29 at the Batavia Police Department. In count 15, the defendant is again accused of obstructing governmental administration on April 29 at the Batavia Police Department.

Nateeka M. Gibson is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Feb. 15 that she knowingly entered a building -- a residence on Washington Avenue in the City of Batavia --unlawfully with the intent to commit a crime. In count two, Gibson is accused of third-degree robbery for allegedly forcibly stealing cash from a resident. In count three, Gibson is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing cash from a resident. In count four, the defendant is accused of second-degree harassment, for allegedly striking a person or subjecting a person to physical contact or threatening to do so. In count five, Gibson is accused of another count of second-degree burglary, for allegedly knowingly entering the same building unlawfully on Oct. 3 with the intent to commit a crime. In count six, Gibson is accused of tampering with a witness in the fourth degree, a Class A misdemeanor. It is alleged in count six that she knew a person was to be called as a witness in a legal proceeding and she attempted to get the person to avoid testifying. In count seven, Gibson is accused of criminal contempt in the second degree, a Class A misdemeanor, for allegedly intentionally disobeying an order of protection issued Feb. 21 by Batavia City Court. It is alleged this was done Oct. 3 on Washington Avenue. In count eight, Gibson is accused of second-degree criminal contempt, again for allegedly entering a building unlawfully on Washington Avenue on Oct. 4. In count nine, Gibson is accused of criminal contempt in the second degree for allegedly intentionally disobeying a court order of protection on Washington Avenue on Oct. 4.

Luis A. Ramos-Mercado is indicted for the crime of second-degree menacing, a Class A misdemeanor. It is alleged that on Jan. 30, 2019, on East Main Street in the City of Batavia, that Ramos-Mercado intentionally placed a person in reasonable fear of physical injury, serious physical injury or death, or attempted to do so, by displaying a dangerous instrument -- a knife. In count two, Ramos-Mercado is accused of first-degree attempted burglary, a Class C violent felony. It is alleged in count two that the defendant on the same day knowingly attempted to enter a dwelling on East Main Street with the intent to commit a crime and did so when using or threatening to use a dangerous instrument -- a knife. In count three, Ramos-Mercado is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that the defendant on that day possessed a dangerous instrument -- a knife -- intending to use it against a person. In count four, the defendant is accused of second-degree assault, a Class D violent felony.  It is alleged in count four that Ramos-Mercado, on June 6 on Ellicott Avenue in the City of Batavia, in the course of commiting a felony, caused physical injury to the same victim. In count five, he is accused of second-degree strangulation, a Class D violent felony, during the June 6 incident on Ellicott Avenue. In count six, he is accused of endangering the welfare of a child, a Class A misdemeanor. It is alleged in count six that on June 6th he acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less that 17 years old. In count seven, the defendant is accused of first-degree burglary, a Class B violent felony, for allegedly intentionally entering a dwelling June 6 to commit a crime and causing physical injury to the same victim. In count eight, he is accused of criminal contempt in the first degree, a Class E felony, for intentionally violating an order of protection by allegedly harassing, annoying, threatening or alarming the same victim and subjecting the victim to physical contact. In count nine, Ramos-Mercado is accused of fourth-degree grand larceny, a Class E felony, for allegedly stealing property from the victim that had a value exceeding $1,000. In count 10, he is accused of second-degree attempted assault, a Class E felony, for allegedly intentionally causing serious physical injury to the victim. In Special Information filed by District Attorney Lawrence Friedman, Ramos-Mercado is accused of having been convicted of the crime of falsifying business records in the first degree, a Class E felony. The conviction on Sept. 12, 2019 forms the basis for count three of the current indictment.

Isaac C. Floyd Jr. is indicted for the crime of criminal possession of a weapon in the third degree, a Class D violent felony. It is alleged that on July 26 on State Street in the City of Batavia that Floyd possessed a dangerous instrument with the intent to use it against another -- a folding pocket knife. In count two, Floyd is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that Floyd intentionally placed a person in reasonable fear of physical injury, serious physical injury or death or attempted to do so by displaying a dangerous instrument -- a pocket folding knife. In count three, Floyd is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count three that Floyd intentionally obstructed or impaired the administration of law or a public servant from performing an official function, or tried to do so, by means of intimidation, physical force or an unlawful act. In Special Information filed by District Attorney Lawrence Friedman, Floyd is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 30, 2008 in City of Batavia Court. That conviction forms the basis for count one of the current indictment.

Jeffrey M. Johnson is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on April 29 on North Spruce Street in the City of Batavia that Johnson possessed a dangerous instrument -- a knife, with the intent of using it against a person. In count two, Johnson is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day, he intentionally placed a victim in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a knife. In count three, he is accused of criminal obstruction of breathing or blood circulation, by applying pressure that day to the neck or throat of the victim. In count four, Johnson is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting in a manner likely to by injurious to the physical, mental or moral welfare of a child less than 17 years old. In Special Information filed by District Attorney Lawrence Friedman, the defendant is accused of having been convicted of the crime of possession of contraband in prison in the second degree, a Class A misdemeanor. That conviction forms the basis for count one of the current indictment.

Laytefa A. Franklin is indicted for the crime of endangering the welfare of an incompetent or physically disabled person in the first degree, a Class E felony. It is alleged that on Jan. 4 Franklin knowingly acted in a manner likely to  be injurious to the physical, mental or moral welfare of a person who was unable to care for themselves. In count two, Franklin is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count two that on Jan. 4 Franklin intentionally blocked the nose or mouth of a person who was unable to care for themselves.

Arielle S. Bevel is indicted for the crime of aggravated driving while ability impaired by drugs, as a Class E felony. It is alleged that on Feb. 10 on Route 33 in Bergen that Bevel drove a 2019 Nissan while her ability to do so was impaired by drug use and while she had a child age 15 or less in the vehicle.

Matthew I. Diers is indicted for the crime of failure to register, a Class D felony. It is alleged that in March, as a convicted sex offender, he failed to register with the NYS Division of Criminal Justice Services any change of address, internet accounts, internet access providers, etc. In this case, it is an email account. In Special Information filed by District Attorney Lawrence Friedman, Diers is accused of having been convicted of failure to register, as a Class E felony, on Aug. 28, 2018.

Joey A. Evans is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Dec. 3, 2017 in the City of Batavia that Evans stole a shotgun -- a Remington 870 shotgun.

Amanda A. Howard is indicted for the crime of criminal possession of stolen property in the fourth degree, Class E felony. It is alleged that on Sept. 1, 2019, while at an RV resort in Byron, Howard knowingly possessed stolen property -- a credit card belonging to another person. In count two, Howard is accused of the same crime -- possessing a credit card belonging to a second victim.

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