Modified: February 10, 2022 2:55pm
Erie County District Attorney John J. Flynn announces that 27-year-old Juito Ortiz, also known as Yamil Ortiz-Rivera, of Buffalo pleaded guilty yesterday afternoon to one count of Attempted Criminal Possession of a Weapon in the Second Degree and one count of Attempted Criminal Possession of a Controlled Substance in the Fourth Degree (Class “D” felonies). The defendant pleaded guilty the day before jury selection was scheduled to begin in his upcoming trial.
On May 2, 2019, at approximately 10:30 p.m., members of the Buffalo Police Department executed a search warrant at a home on Herkimer Avenue in the City of Buffalo for suspected narcotic sales. As investigators entered the home, a police officer, who was observing the perimeter of the residence, saw the defendant throw items out of a second-floor window. More than 1/8 ounce of a mixture of heroin and fenantyl, packaged for sale in approximately 200 bags, as well as a Crown Royal bag containing approximately $1,000 in cash was collected from outside of the home. Police also found a scale and packaging materials inside of the home. The defendant was linked to the packaged narcotics through DNA analysis.
The defendant was arraigned the following day in Buffalo City Court and posted bail. After the defendant failed to appear for return court dates, a bench warrant was issued for his arrest on July 26, 2019.
On December 20, 2020, at approximately 5:11 p.m., the defendant was the passenger of a vehicle that was stopped by Buffalo Police officers on William Street and Memorial Drive for speeding. The defendant was taken into custody on the warrant. Officers found a loaded illegal handgun inside of the defendant’s fanny pack.
Ortiz faces a maximum of 11 ½ years in prison when he is sentenced as a second violent felony offender before Erie County Court Judge James Bargnesi on Wednesday, April 20, 2022 at 9:30 a.m. He remains released on a previously posted $50,000 bond.
DA Flynn commends the Buffalo Police Department Narcotics Unit as well as Officer Jake Giarrano, Officer Jonathan Hanover and Officer Michael Lehner for their work in these investigations.
The case was prosecuted by Assistant District Attorney James W. Mansour, II and Chief John Gerken, Jr. of the Narcotics Bureau as well as Assistant District Attorney Nicholas J. Marino of the Justice Courts Bureau.