Erie County District Attorney John J. Flynn announces that 36-year-old Jason K. Evans of Depew and 33-year-old Mark S. Shadle of Kenmore were arraigned this morning before Erie County Court Judge Susan Eagan. Both defendants have been indicted on one count of Burglary in the First Degree and one count of Robbery in the First Degree (Class “B” violent felonies).

It is alleged that on October 28, 2022, at approximately 11:45 a.m., the defendants forcibly entered a home on Bucyrus Drive in the Town of Amherst with the intent to commit a burglary. Once inside of the residence, the defendants threatened the homeowner. The defendants are accused of causing injuries to the victim by beating him during the commission of the robbery. The defendants also allegedly bound the victim, which caused severe lacerations to his arms. The defendants fled after allegedly stealing various items from the home.

A family member returned home and called 911. The victim was taken by ambulance to ECMC where he was treated for serious physical injuries to his head, chest, arms and legs.

Evans and Shadle are scheduled to return on Wednesday, March 8, 2023 at 2:00 p.m. for a pre-trial conference. Both were held without bail.

If convicted of the highest charge, Evans and Shadle face a maximum sentence of 25 years in prison.

DA Flynn commends the Amherst Police Department for their work in this investigation.

The case is being prosecuted by Assistant District Attorney Christopher S. Safulko of the Major Crimes Unit, Assistant District Attorney Nicholas Marino of the Felony Trials Bureau and Assistant District Attorney Nicholas C. Bussi 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.