Felon Pleads Guilty to Drug & Gun Charges

Modified: November 30, 2018 4:53pm

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11/30/2018

Erie County District Attorney John J. Flynn announces that 34-year-old John Drake of Town of Tonawanda pleaded guilty, as charged, before Erie County Court Judge Kenneth Case to one count of Criminal Possession of a Weapon in the Second Degree and one count of Criminal Possession of a Controlled Substance in the Fourth Degree.

On February 8, 2018, at approximately 11:45 p.m., Amherst Police officers initiated a traffic stop on Niagara Falls Boulevard for speeding. The officer recognized the passenger of the vehicle as the defendant who was wanted on an active bench warrant out of the Town of Amherst.

The defendant refused to exit the vehicle and ignored repeated commands to show his hands. After a struggle that involved the use of a taser, the defendant was removed at gunpoint. Once he exited the vehicle, officers found a loaded pistol and approximately ½ ounce of cocaine in the defendant’s jacket.

Drake, a second felony offender, faces a maximum of 15 years in prison when he is sentenced on Monday, January 4, 2019 at 9:30 a.m. 

DA Flynn commends the investigative work by Officers Julian Chinana and John Rusch of the Amherst Police Department.

The case was prosecuted by Assistant District Attorney Patrick B. Shanahan of the DA’s Tactical Prosecution Unit.