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Two Charged With Intimidating and Tampering With a Witness


05/28/2013

Erie County District Attorney Frank A. Sedita, III announced that 25 year old  David McKithen of 67 Mineral Springs Road, Buffalo and 23 year old Deyanna Daniels of 100 Bickford Avenue, Buffalo, were arraigned at this morning on a sealed indictment before County Court Judge Sheila A. DiTullio charging McKithen with Criminal Possession of a Controlled Substance in the Third Degree, two counts of Intimidating a Witness in the Third Degree and two counts of Tampering with a Witness in the Third Degree.   Daniels was charged with two counts of Intimidating a Witness in the Third Degree and two counts of Tampering with a Witness in the Third Degree. 

McKithen was previously indicted by an Erie County Grand Jury on the sole count of Criminal Possession of a Controlled Substance in the Third Degree and scheduled for trial in November, 2012.  It is alleged that prior to the trial, McKithen obtained grand jury testimony from witnesses associated with the case and directed his co-defendant, Daniels, to post that testimony on a social networking website in an attempt to intimidate and tamper with those witnesses. 

If convicted of these crimes, McKithen faces a maximum prison sentence of 19 years and Daniels faces a maximum prison sentence of 4 years.