Erie County District Attorney Frank A. Sedita III announces that 17 year-old Tyree Sommerville of 152 Rounds, Buffalo, has pleaded guilty to two counts of Criminal Possession of a Weapon in the Second Degree before Erie County Court Judge Michael F. Pietruszka. These are the highest charges for which the defendant could have been convicted had he gone to trial. In other words, the defendant was prosecuted to the fullest extent of the law.

The charges stem from two separate incidents where Sommerville possessed a loaded illegal firearm. 

On December 18, 2013, a Time Warner cable technician observed Sommerville with a revolver near the intersection of Orleans and Rounds in the City of Buffalo.  The cable technician reported his observations to authorities and Sommerville was apprehended within minutes with the handgun in his jacket.  Sommerville was arraigned in Buffalo City Court and bail was set at $20,000 cash or bond by Buffalo City Court Judge Debra Givens. Sommerville posted bail.   

On April 1, 2014, while at Comstock and Dartmouth in the City of Buffalo, Sommerville fired a loaded revolver at a teenage boy who was walking down the street. The incident was observed by several children and caught on video by a City of Buffalo police camera.  The victim was struck in the lower right leg and hospitalized.  Sommerville was arrested on April 9, 2014 and he was remanded into custody, without bail, by Judge Pietruszka. 

Sommerville faces a maximum of thirty years in state prison when he is sentenced on July 17, 2014 at 9:30 a.m. by Judge Pietruszka. 

The cases were successfully prosecuted by Assistant District Attorney Lauren Nash of the DA Sedita’s Felony Trial Bureau and Assistant District Attorney John Patrick Feroleto, a member of DA Sedita’s Tactical Prosecution Unit.

DA Sedita also announces that 26 year-old James H. Rosado of 63 Franklin Avenue, Lackawanna, pleaded guilty as charged to two counts of Criminal Possession of a Weapon in the Second Degree before Supreme Court Justice Russell P. Buscaglia.  These are the highest charges for which Rosado could have been convicted had he gone to trial. In other words, Rosado was also prosecuted to the fullest extent of the law.

On July 12, 3013, outside of 63 Franklin Avenue, Lackawanna, Rosado fired a shortened, 12 gauge Mossberg pump action shotgun at others.  Rosado then ran into 63 Franklin and hid the weapon. Rosado denied possessing a weapon or shooting at anyone when initially questioned. After Lackawanna police obtained written consent to search the premises from the defendant’s girlfriend, however, a 12 gauge Mossberg pump action shotgun and spent ammunition was recovered from underneath the attic floor boards. 

Rosado faces a maximum term of 15 years in state prison when sentenced by Justice Buscaglia on June 30, 2014 at 9:30 a.m.

The case was successfully prosecuted by Assistant District Attorney Jaharr S. Pridgen who is assigned to DA Sedita’s Felony Trial Bureau.