Two Charged for Burglarizing Elma Barn and Killing Three Fowl Inside

Modified: December 31, 2019 1:55pm

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Erie County District Attorney John J. Flynn announces that 22-year-old Austin Jimerson and 20-year-old Aden Jimerson have been arraigned before Elma Town Justice Joseph A. Sakowski on the following charges:

  • One count of Burglary in the Third Degree, a Class “D” felony
  • One count of Criminal Mischief in the Fourth Degree, a Class “A” misdemeanor
  • One count of Petit Larceny, a Class “A” misdemeanor
  • One count of Overdriving, Torturing and Injuring Animals; Failure to Provide Proper Sustenance, a misdemeanor under the Agriculture & Markets Law

It is alleged that on December 26, 2019, the defendants unlawfully entered a barn on Hemstreet Road in the Town with the intent to commit a crime. Both defendants are accused of stealing two chickens and a duck from the property and killing the animals.

Both defendants are scheduled to return on Monday, January 20, 2020 at 6:00 p.m. They were released on their own recognizance.

DA Flynn commends the Erie County Sheriff’s Office for their work in the investigation.

The case is being prosecuted by Assistant District Attorney Rachel Kranitz McPhee of the DA’s Animal Cruelty Unit.

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