Defendants Charged for Intentionally Coughing, Spitting on Police Officers During Arrests

Modified: May 12, 2020 9:44am

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5/12/2020

Erie County District Attorney John J. Flynn announces that the following individuals are accused of either intentionally coughing or spitting on a member of law enforcement amid the COVID-19 outbreak.

Darren Hamilton, 59, Buffalo was arrested on May 4, 2020 for allegedly stealing items from a gas station on Hertel Avenue and harassing a customer. While being placed under arrest, the defendant allegedly spit and coughed at the responding officers. He also allegedly made a statement indicating that he was positive for COVID-19. Hamilton was charged with Attempted Assault in the Second Degree, a Class “E” felony.

Aisha Rodriguez, 47, of Buffalo was arrested on May 1, 2020 for allegedly violating an order of protection. While being processed at Central Booking, the defendant allegedly spat at three cell block attendants and made a statement indicating that she was positive for COVID-19. Rodriguez was charged with Attempted Assault in the Second Degree, a Class “E” felony.

Alex Laboy, 24, of Buffalo was arrested on April 6, 2020 in the Town of West Seneca. Officers responded to a disorderly conduct call where the defendant was allegedly intoxicated and refused to abide by the officer’s commands. While being arrested, the defendant allegedly spit at the officer and made a statement indicating that he was positive for COVID-19. Laby was charged with Resisting Arrest and Disorderly Conduct.

Lindsey M. Schott, 27, of Lancaster was arrested during a traffic stop on April 2, 2020 in the Town of Lancaster. While being questioned by the officer, the defendant allegedly coughed toward the officer’s face multiple times. The defendant is also accused of making a statement indicating that she was positive for COVID-19. Officers allegedly found the defendant in possession of a small quantity of marijuana and one loose Adderall pill. Schott was charged Criminal Possession of a Controlled Substance in the Seventh Degree, Possession of Marijuana, and Menacing in the Third Degree.

Abdulla Abdalla, 21, of Buffalo was arrested on March 29, 2020 in the City of Buffalo. Officers were initiating a traffic stop on Peter Street near Amherst Street in the City of Buffalo, when they smelled the odor of marijuana inside the defendant’s vehicle. The defendant allegedly refused to abide by the commands of the officer to exit the vehicle. As the officer attempted to handcuff the defendant, Abdalla allegedly spat in the officer’s face twice. Abdalla was charged with Obstruction of Governmental Administration, Harassment in the Second Degree, and Resisting Arrest.

Bryce F. Sortino, 25, of Town of Tonawanda was arrested on March 26, 2020 in the City of Buffalo. The defendant was being processed on a robbery charge when he allegedly spit on two Buffalo Police officers. He also allegedly made a statement indicating that he was positive for COVID-19. Sortino was charged with Obstruction of Governmental Administration, Harassment in the Second Degree, and Resisting Arrest.

Jesse E. Baker, 35, of Buffalo was arrested on March 15, 2020 in the Town of West Seneca. While being arrested for an alleged DWI, the defendant is accused of coughing on a police officer. Baker also allegedly made a statement indicating that he was positive for COVID-19. Baker was charged with Driving While Intoxicated.

“By performing their duties to keep our communities safe and interacting with the public, police officers and first responders are at a greater risk of contracting this virus. Any person who intentionally coughs or spits at a member of law enforcement during this health crisis will be prosecuted to the fullest extent of the law. This behavior intentionally threatens the health and livelihood of our officers and first responders, and it will not be tolerated,” said Erie County District Attorney John J. Flynn.

DA Flynn commends all members of law enforcement for their work in these investigations as well as their commitment to public safety during this time.

All of the cases are being investigated and prosecuted by Chief Danielle D’Abate of the DA’s Community Prosecution Unit.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.