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October 6, 2017 - 6:20pm

Grand Jury Report: indictments for attempted murder on Thorpe, trailer park burglary, plus Byron man accused of selling LSD

posted by Billie Owens in crime, news, batavia, byron, notify, Alabama.

Tyshawn K. King (AKA "Bullet," AKA "Jodeci" or "Jodecee") is indicted for the crime of second-degree attempted murder, a Class B violent felony. It is alleged that on Sept. 20 in the area of Thorpe Street, near Maple Street, in the City of Batavia, that King -- with intent to commit second-degree murder, specifically with intent to cause the death of another person -- engaged in conduct "which tended to effect the commission of such crime" by shooting the intended murder victim with a gun. In count two, the defendant is accused of the crime of first-degree assault, also a Class B violent felony. It is alleged in count two that with intent to cause serious physical injury to another person, King caused such injury by means of a deadly weapon or dangerous instrument, a gun. In count three, King is accused of the crime of criminal use of a firearm in the first degree, another Class B felony, for allegedly commiting a violent felony offense and possessing a deadly weapon, in this case a loaded gun, and/or displaying what appeared to be a pistol, revolver or other firearm.

Marie L. Gardner and Jason A. Shaffer are indicted by the Grand Jury of Genesee County. In count one, Gardner is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that between Jan. 28 and 29 Gardner entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In so doing, at some point she or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count two, Shaffer is accused of the crime of second-degree burglary, a Class C violent felony. It is alleged in count two, that between Jan. 28 and 29, he entered or remained unlawfully in a dwelling on West Main Street Road in the Town of Batavia, with the intent to commit a crime. In count three, Gardner is accused of the crime of second-degree burglary, a Class C violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In count four, Shaffer is accused of first-degree burglary, a Class B violent felony, for entering or remaining unlawfully inside the same dwelling during the same time period on a second occasion with the intent to commit a crime. In so doing, at some point he or another participant in the crime caused physical injury to a person who was not a participant in the crime. In count five, Shaffer is accused of the crime of second-degree strangulation, a Class D felony. It is alleged in count five, that at the same time and place, he acted with intent to impede the normal breathing or circulation of blood of another person by applying pressure on the throat or neck of the victim, thereby causing stupor, loss of consciousness and/or other physical injury or impairment. In count six, Shaffer is accused of the crime of third-degree attempted assault, a Class B misdemeanor, for intentionally attempting to cause injury to a person. In count eight, Gardner is accused of the crime of third-degree menacing, a Class B misdemeanor. It is alleged in count eight that Gardner used physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so. In count nine, Shaffer is likewise accused of third-degree menacing for allegedly using physical menace to intentionally place another person in fear of death, imminent serious physical injury or physical injury, or attempting to do so.

Jacob J. Russell is indicted for the crime of criminal possession of a controlled substance in the fifth degree, a Class D felony. It is alleged that on March 31 in the Town of Byron that Russell knowingly and unlawfully possessed a controlled substance -- lysergic acid diethylamide -- more commonly known as the hallucinogen LSD, with intent to sell it. In count two, the defendant is accused of the same crime on the same day for allegedly knowingly and unlawfully possessing another controlled substance with intent to sell it, psilocybin mushrooms (sometimes called 'shrooms, or "magic mushrooms"), also a hallucinogen. In count three, he is accused of the same crime as in count two, but on a different day, April 7. In counts four and five, the defendant is indicted for the crime of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing "a firearm, electonic dart gun, electronic stun gun, gravity knife, pilum ballistic knife (which has a detachable blade that can be ejected to a distance of several yards by pressing a trigger or operating a lever or switch), metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chukka stick, sand bag, sand club, wrist-brace type sling or slingshot, shirken or "kung fu star," to wit, respectively: a gravity knife and a switchblade knife. In counts seven, eight and nine, he is accused of criminal possession of a controlled substance in the seventh degree, Class A misdemeanors, for allegedly knowingly and unlawfully possessing a controlled substance, psilocybin mushrooms, on March 31, and on two occasions April 7. In count 10, he is accused of another count of criminal possession of a controlled substance in the seventh degree, but this time it's for LSD. In counts 11, 12, 13 the defendant is accused of unlawful possession of marijuana ("contrary to Penal Law Section 221.05") for allegedly knowingly and unlawfully possessing marijuana on March 31 and twice on April 7, respectively, in the Town of Byron. In count 14, Russell is indicted for the crime of growing, by unlicensed persons, the plant known as cannabis (marijuana), which is a Class A misdemeanor. It is alleged in count 14, that on April 7 in the Town of Byron that Russell grew the plant of the genus Cannabis, or knowingly allowed it to grow on his land without destroying it; he allegedly grew it in his residence.

Randy K. Wilmet is accused by the Grand Jury of the offense of third-degree assault, based on Prosecutor's Information (#2017-01), which is a Class A misdemeanor. It is alleged that on July 21 in the City of Batavia that Wilmet intended to cause physical injury to another person and did so. In count two of the indictment, again based on Prosecutor's Information, Wilmet is accused of third-degree menacing, a Class B misdemeanor. It is alleged in count two that Wilmet on the same day, by means of physical menace, intentionally placed another person in fear of death, imminent serious physical injury or physical injury, or attempted to do so. On Sept. 29, Genesee County Court Judge Charles N. Zambito approved an order authorizing the filing of the Prosecutor's Information charging the defendant with the offenses, which were subsequently filed with City of Batavia Court.

Meghan K. Gould is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged on between Oct. 5 and Oct. 19, 2016, that she stole U.S. currency in excess of $1,000.

Matthew H. Delosh is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged in the indictment that on May 8 in the City of Batavia that Delosh drove a 2003 Saturn on Evans Street, Ellicott Street and South Swan Street while knowing, or having reason to know, that his driver's license was suspended or revoked by authorities and that at the time he was under the influence of alcohol or a drug. In count two, he is accused of the crime of driving while intoxicated, as a misdemeanor, on the same day and in the same places. In Special Information, the District Attorney accuses the defendant of having been convicted of driving while ability impaired by alcohol on April 19, 2012 in the Town of Salina Court, County of Onondaga, and that conviction forms the basis for the suspension or revocation referred to in count one of the indictment. Furthermore, the DA accuses Delosh of knowing, or having reason to know, that the prior conviction existed and that his driving privilege was therefore suspended or revoked because of that prior conviction.

John P. Daley is accused of the crime of driving while intoxicated, as a Class E felony. It is alleged in the indictment that on May 21 in the Town of Alabama, Daley drove a 1998 Honda on Route 77 while in an intoxicated condition. In Special Information filed with the indictment, District Attorney Lawrence Friedman accused Daley of having been convicted of the crime of aggravated driving while intoxicated, per se, as a Class D felony. The DA accuses Daley of being so convicted on June 19, 2008 in Erie County Court, and the conviction was within 10 years of the crimes alleged in this indictment.

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