Six More Gun-Toting Hoodlums Prosecuted to Fullest Extent of the Law

Modified: August 20, 2015 1:55pm

6/16/2015

Erie County District Attorney Frank A. Sedita, III announces the convictions of the following defendants for illegal possession of a loaded and unlicensed handgun. All of the defendants were convicted of the highest charge -- Criminal Possession of a Weapon in the Second Degree, a class “C” violent felony -- lodged against them. In other words, none of the defendants received a so-called plea bargain and were instead prosecuted to the fullest extent of the law.

18 year-old LaMario Clark pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree before Senior Erie County Court Judge Michael L. D’Amico. On February 14, 2015, in the vicinity of Genesse St. and Bailey Ave. in the City of Buffalo, the love-struck Clark was seen firing a 9mm pistol. Clark was apprehended by Buffalo Police Officers Michael Scheu and Patrick McDonald after a lengthy foot chase through back yards covered in deep snow. Unless adjudicated as a so-called “Youthful Offender,” Clark faces a minimum of three and one-half years and a maximum of fifteen years in state prison when he is sentenced on August 19, 2015 by Judge D’Amico.

The case was successfully prosecuted by Assistant District Attorney Julie Bender Fiske, who is assigned to DA Sedita’s Vehicular Crimes Bureau.  

20 year-old Leon Tate pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree before Erie County Court Judge Michael F. Pietruszka. On April 6, 2014, on Sweet St. in the City of Buffalo, Buffalo Police Officers Mark Hamilton and Michael Acquino, after noticing an unusually large bulge in the defendant’s trousers, seized a loaded .357 magnum revolver from Tate’s person. Tate faces a minimum of three and one-half years and a maximum of fifteen years in state prison when he is sentenced on July 6, 2015 by Judge Pietruszka.

The case was successfully prosecuted by Assistant District Attorney Paul J. Glascott, Chief of DA Sedita’s Felony Trial Bureau. 

17 year old Caleb Winfield pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree before Erie County Court Judge Kenneth F. Case.  On August 15, 2014, Winfield wielded a loaded pistol while riding as a passenger in a vehicle driven by his dope-smoking friends, traveling the wrong way down Scajaquada Street in the City of Buffalo. Winfield faces a minimum of three and one-half years and a maximum of fifteen years in state prison when he is sentenced by Judge Case on August 10, 2015.

The case was successfully prosecuted by Assistant District Attorney Paul J. Glascott, Chief of DA Sedita’s Felony Trial Bureau. 

28 year-old Vincent Smith of 188 Jefferson Avenue, Buffalo pleaded guilty as charged to one count of Criminal Possession of a Weapon in the Second Degree before Senior Erie County Court Judge Michael L. D’Amico. On July 21, 2014, Smith ran into an apartment building on Clinton St. in the City of Buffalo and discarded his loaded 9mm pistol in an effort to evade capture by the police. Buffalo Police Officers Michael Acquino and Mark Hamilton seized the weapon and arrested the defendant who, ironically, had just completed parole, albeit unsuccessfully, for a gun possession offense. Smith faces a minimum of five years and a maximum of fifteen years in state prison when he is sentenced as a second violent felony offender before Judge D’Amico on July 21, 2015.

The case was successfully prosecuted by Assistant District Attorney Mara L. McCabe who is assigned to DA Sedita’s Felony Trial Bureau. 

24 year-old Mario Pace of 27 Leslie Street, Buffalo pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree before Acting State Supreme Court Justice M. William Boller.  On November 29, 2014, in the vicinity of Genesee and Kilhoffer Streets in the City of Buffalo, and in response to a report of a man wielding a gun, Buffalo Police Officers Michal Scheu and Padraic Allman, observed the defendant attempt to flee into a home. Denied entry by the residents, Pace discarded his loaded 9mm pistol into nearby shrubbery in a feeble attempt to absolve himself from criminal responsibility. Pace faces a minimum of three and one-half years and a maximum of fifteen years in state prison when he is sentenced by Justice Boller on July 9, 2015.

The case was successfully prosecuted by Assistant District Attorney Patrick B. Shanahan, who is assigned to DA Sedita’s Felony Trial Bureau.

27 year-old David Russell-Kelly pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree before Erie County Court Judge Michael F. Pietruszka.  On October 27, 2014, after both a car chase and a foot chase throughout neighborhoods bordering East Ferry, Buffalo Police Officers Kenneth Agee and Kelvin Sharpe apprehended the defendant, who was carrying a loaded .38 caliber revolver. Russell-Kelly faces a minimum of three and one-half years and a maximum of fifteen years in state prison when he is sentenced by Judge Pietruszka on July 28, 2015.

The case was successfully prosecuted by Assistant District Attorney Jeremy V. Murray, who is assigned to DA Sedita’s Felony Trial Bureau.