Four More Convicted of Illegal Possession of a Loaded and Unlicensed Handgun

Modified: April 23, 2015 8:18am

3/17/2015

Erie County District Attorney Frank A. Sedita, III announces the convictions of the following defendants for illegal possession of a loaded and unlicensed handgun. 

33 year old Leron Bailey of Buffalo pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree and Criminal Possession of a Controlled Substance in the Fifth Degree before Acting State Supreme Court Justice John L. Michalski.  These are the highest charges for which the defendant could have been convicted had he gone to trial.  In other words, Bailey did not receive a so-called “plea bargain” and was instead prosecuted to the fullest extent of the law. 

On November 1, 2013, in the vicinity of William and Coit Road in the City of Buffalo, Bailey attempted to discard a .40 Semi-automatic Pistol, loaded with ten rounds of ammunition while fleeing Buffalo Police Officers James O’Donnell and Mark Hamilton. Subsequent to his arrest, Bailey was also found to be in possession of more than 2600 milligrams of cocaine. 

Because of long and illustrious criminal record, which includes three prior felony convictions, Bailey could face up to life behind bars as a persistent felony offender when he is sentenced as a Second Felony Offender on May 22, 2015 at 9:30 a.m. by Judge Michalski.

The case was successfully prosecuted by Assistant District Attorney Alicia Lilley who is assigned to DA Sedita’s Felony Trial Bureau. 

29 year-old Antonio Davis of 434 Ivyhurst in the City of Buffalo pleaded guilty to Criminal Possession of a Weapon in the 2nd Degree before Erie County Court Judge Michael L. D’Amico.  This was the highest charge for which the defendant could have been convicted. In other words, Davis did not receive a so-called “plea bargain” and was instead prosecuted to the fullest extent of the law. 

On March 15, 2011, Buffalo Police Officers were driving down Schreck Avenue on the East Side of Buffalo when they saw a man matching the description of a suspect with a gun.  Davis was walking down the street with the suspect and took off running as the police pulled up to investigate.  As he was running away, police saw Davis drop a loaded revolver from the right side of his body.  He led police on a foot chase through several yards before he was found hiding underneath a set of stairs.  Davis later conceded that he had the gun on him and that he ran “because the police pulled up on me.”

No stranger to illegal handguns, this Davis’ third conviction gun possession since 2004.  Davis’ second one, in 2005, landed him in prison for 6 years, prompting one veteran courthouse observer to note that “the defendant seems to be a slow learner.”

Davis faces a maximum of 15 years in state prison when he is sentenced by Judge D’Amico on April 6, 2015 at 9:30 a.m.

The case was successfully prosecuted by Assistant District Attorney John P. Gerken, Jr. who is assigned to DA Sedita’s Tactical Prosecution Unit. 

37 year-old James Henderson II of Alliance, Ohio pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree before County Court Judge Michael D’Amico. This was the highest charge for which the defendant could have been convicted. In other words, Henderson did not receive a so-called “plea bargain” and was instead prosecuted to the fullest extent of the law. 

On April 13, 2014 at Henderson fired his 9mm handgun at a 60 year-old Canadian motorist during a road rage incident. Shortly after the incident, State Police troopers pulled over Henderson’s truck at the Lackawanna Toll Henderson’s loaded firearm, minus two rounds, was recovered inside Henderson’s motorcycle gang vest.

Henderson faces up to 15 years in state prison when he is sentenced by Judge D’Amico on May 27, 2015. 

The case was successfully prosecuted by Assistant District Attorney Danielle N. Soluri who is assigned to DA Sedita’s Felony Trial Bureau. 

26 year-old Jose Rodriguez of Buffalo pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree before Erie County Court Judge Michael F. Pietruszka.  This is the highest charge for which the defendant could have been convicted had he gone to trial.  In other words, Rodriguez did not receive a so-called “plea bargain” and was instead prosecuted to the fullest extent of the law. 

On October 11, 2014, Buffalo Police were called to a residence on Niagara Street where Rodriguez had displayed a gun during an argument over a gold necklace. When police arrived, they observed the Rodriguez flee inside the residence with the gun. The residence was surrounded and after a brief standoff, Rodriguez was taken into custody. Inside, the police recovered a loaded .40 caliber pistol.   

Rodriguez faces a maximum sentence of 15 years in state prison when he is sentenced on May 15, 2015 before Judge Pietruszka.   

The case was successfully prosecuted by Assistant District Attorney John Patrick Feroleto who is assigned to DA Sedita’s Tactical Prosecution Unit and Assistant District Attorney Erin Hart who is assigned to DA Sedita’s Justice Court Bureau.

DA Sedita stated: “Absent extraordinary circumstances, the Office of the Erie County District Attorney does not offer plea bargains on provable cases of illegal handgun possession. The foregoing cases are just the latest examples of this policy, which is designed to take gun-toting thugs off the street and send them to prison before they can hurt someone.”