Five Strikes and You’re Out

Modified: December 18, 2014 5:10pm


Erie County District Attorney Frank A. Sedita III announces that 41 year-old Jonathon Archibald of 10 Swinburne, Buffalo, New York was found to be a Persistent Felony Offender, after a three day hearing, by Acting State Supreme Court Justice M. William Boller.

Archibald was previously found guilty as charged of Assault in the Second Degree after a week-long jury trial. That conviction was in connection with the defendant’s May 7, 2013 knife attack upon an unarmed and innocent man. Prior to this vicious assault, Archibald sliced another man across the face with a razor during a robbery (2010) and has sold crack cocaine on multiple occasions (1997, 2005, and 2010).

Under New York State Law, an individual convicted of three or more felony crimes, on separate dates, may be subject to an enhanced sentence with a maximum term of life imprisonment when the offender’s history and character and the nature of and circumstances of his criminal conduct are such that extended incarceration and lifetime supervision best serve the public interest. The number of as well as the nature of Archibald’s five different felony convictions has resulted in the finding that he is, indeed, a persistent felon and thus should serve a minimum of twelve years and a maximum of life behind bars. 

The case was successfully prosecuted by Assistant District Attorney Justin Wallens, who is assigned to DA Sedita’s Felony Trials Bureau.