Erie County District Attorney John J. Flynn announces that three defendants were arraigned over the weekend for their alleged actions in two separate incidents involving possession of illegal guns in the Town of Amherst.

Naim S. Tabb, 22, of Buffalo and Raekwon M. Gordon, 23, of Buffalo were arraigned before Amherst Town Court Justice Kara A. Buscaglia on Saturday, January 29, 2022 on the following offenses:

• One count of Criminal Possession of a Weapon in the Second Degree (Class “C” violent felony)
• Two counts of Criminal Possession of a Weapon in the Third Degree (Class “D” felonies)
• One count of Resisting Arrest (Class “A” misdemeanor)
• One count of Obstruction of Governmental Administration in the Second Degree (Class “A” misdemeanor)
• Vehicle and Traffic Law violations

It is alleged that on Saturday, January 29, 2022, at approximately 3:39 a.m., Amherst Police initiated a traffic stop for a vehicle traveling at a high-rate of speed eastbound on Main Street near Eggert Road. As the officer approached the vehicle, the driver pulled away and attempted to make a turn to head westbound on Main Street, but subsequently crashed into a snowbank. The officer allegedly saw the driver of the vehicle hand a gun to the passenger. The passenger attempted to flee by running eastbound on Main Street. The driver, Naim S. Tabb, was taken into custody. The passenger, Raekwon M. Gordon, was apprehended a short time later after he was found hiding behind a house on High Park Boulevard. A loaded illegal handgun with an illegal large capacity feeding device was allegedly found in a snowbank alongside the passenger door of the vehicle.

Tabb and Gordon are scheduled to return on Thursday, February 3, 2022 at 11:00 a.m. for a felony hearing. Bail was set at $15,000 cash, $15,000 bond or $25,000 partially secured bond. Tabb was released on bail and Gordon currently remains in custody.

If convicted of all counts, both defendants face a maximum sentence of 15 years in prison.

Xaier S. Mitchell, 19, of Cheektowaga was arraigned before Amherst Town Court Justice Kara A. Buscaglia on Sunday, January 30, 2022 on the following offenses:

• One count of Criminal Possession of a Weapon in the Second Degree (Class “C” violent felony)
• One count of Criminal Possession of a Weapon in the Third Degree (Class “D” felony)
• One count of Resisting Arrest (Class “A” misdemeanor)
• One count of Obstruction of Governmental Administration in the Second Degree (Class “A” misdemeanor)
• One count of Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree (Class “A” misdemeanor)
• One count of Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree (unclassified misdemeanor)
• One count of Reckless Driving (unclassified misdemeanor)
• Vehicle and Traffic Law violations

It is alleged that on Sunday, January 30, 2022, at approximately 3:31 a.m., Amherst Police officers stopped a vehicle for heavily tinted windows on North Bailey Avenue near Main Street in the Town of Amherst.  When a second patrol vehicle arrived at the scene, the defendant drove off and attempted to evade arrest by driving at a high-rate of speed southbound on Bailey Avenue. The defendant allegedly lost control of the vehicle near Hewitt Avenue in the City of Buffalo and crashed into a snowbank, causing damage to three parked vehicles. After the crash, the defendant allegedly ran from the officers, but was quickly apprehended. The defendant is also accused of refusing orders, fighting with the officers, attempting to reach into his pocket while being placed under arrest. The officers allegedly found a loaded illegal handgun inside the front pocket of the defendant’s sweatshirt.

Mitchell is scheduled to return on Thursday, February 3, 2022 at 11:00 a.m. for a felony hearing. Bail was set at $5,000 cash, $5,000 bond or $25,000 partially secured bond, which he posted.

If convicted of all charges, Mitchell faces a maximum of 15 years in prison.

DA Flynn commends the Amherst Police Department for their work in these investigations as well as the Buffalo Police Department for their assistance.  

The case against Tabb and Gordon is being prosecuted by Assistant District Attorney Briana R.D. Miller of the Felony Trials Bureau. The case against Mitchell is being prosecuted by Assistant District Attorney Anthony F. Perna of the Felony Trials Bureau.

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