Four More Defendants Prosecuted to the Fullest Extent of the Law

Modified: July 21, 2014 3:15pm

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6/9/2014

Erie County District Attorney Frank A. Sedita III announces the convictions of four more defendants for illegally possessing handguns.

20 year-old Charlie Yancie of 50 Hagen St. in the City of Buffalo pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree before State Supreme Court Judge John L. Michalski.  This is the highest charge for which Yancie could have been convicted had he gone to trial.  In other words, the defendant was prosecuted to the fullest extent of the law.

On April 15, 2014, while out on bail for an alleged domestic violence assault, Yanci returned to his girlfriend’s residence and threatened to shoot her. Fearing for her life, she called for help by dialing 911. Cheektowaga Police Department Officer Dominic Schwartz promptly arrived on scene, confronted Yancie and seized an unlicensed and loaded handgun from him.

Yancie faces a minimum of 3 ½ years and a maximum of 15 years in state prison when he is sentenced on July 17, 2014 at 9:30 a.m. by Justice Michalski.

17 year-old Brandon Loyd of 96 Zellmer St. in the City of Buffalo also pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree before Senior Erie County Court Judge Michael L. D’Amico.  This is the highest charge for which the Loyd could have been convicted had he gone to trial.  In other words, the defendant was also prosecuted to the fullest extent of the law.

On September 1, 2013, Buffalo Police Officers Adam Mielcarek and John Seitz responded to multiple 911 calls that shots had been fired in the area of Dunlop and Parkridge in the City of Buffalo. The officers promptly responded, confronted Loyd and seized a loaded sawed-off shotgun from him. Loyd told the police, “I wasn’t going to shoot you all.  You all carry what, 9 round clips?  I only have 4 rounds in mine, I would never get away.” 

Loyd is scheduled to be sentenced by Judge D’Amico on June 26, 2014 at 9:30 AM. He faces a minimum of 3½ years and a maximum of 15 years in state prison should he be sentenced as an adult; however, he faces a substantially more lenient sentence if adjudicated a so-called “youthful offender.”

20 year-old Denzel Johnson of Woltz Ave, Buffalo, has also pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree before Erie County Court Judge Michael F. Pietruszka. This is the highest charge for which  Johnson could have been convicted had he gone to trial. In other words, the defendant was prosecuted to the fullest extent of the law.

On October 27, 2013, Buffalo Police Officer Officer Paul Fitzpatrick, while on routine patrol, heard gunshots. Shortly thereafter, Fitzpatrick observed the defendant attempt to discard an unlicensed and loaded revolver. Johnson admitted the gun was his but claimed he carried it for protection because, “people be shooting everyday out here.”

Johnson faces a minimum of 3½ years and a maximum of 15 years in state prison when he is sentenced on August 4, 2014 at 9:30 AM by Judge Pietruszka.

20 year-old Dijon Brown of Buffalo also pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree and Unlawful Possession of Marijuana, before Erie County Court Judge Kenneth Case. This is the highest charge for which Brown could have been convicted had he gone to trial. In other words, the defendant was prosecuted to the fullest extent of the law.

Back in April 2013, Brown was a front seat passenger in a vehicle stopped for a traffic infraction. Buffalo Police Officers Brian Griffin and Dennis Gilbert  noticed that Brown reeked of marijuana. The officers not only seized marijuana when they searched Brown, but also recovered Brown’s unlicensed and loaded .38 caliber revolver when they searched the vehicle. 

Brown faces a minimum of 3½ years and a maximum of 15 years in state prison when he is sentenced by Judge Case on July 1, 2014. 

Assistant District Attorney Justin Wallens successfully prosecuted Charlie Yancie and Brandon Loyd. Assistant District Attorney Ashley Morgan Morey successfully prosecuted Denzel Johnson. Assistant District Attorneys Lauren Nash and James Mansour successfully prosecuted Dijon Brown. ADAs Wallens, Morgan Morey, Nash and Mansour are all assigned to DA Sedita’s Felony Trial Bureau.

DA Sedita stated: “None of these defendants received a plea bargain and all of these defendants were prosecuted to the fullest extent of the law. Notwithstanding the efforts by some to portray our office as gun-shy, the excellent work of the police and the aforementioned prosecutors once again demonstrates that the Office of the Erie County District Attorney aggressively prosecutes criminals each and every day.”