Buffalo Man Arraigned on Burglary Charges While Pending Sentence in Diversion Court for Other Burglaries

Modified: August 4, 2022 3:13pm

8/4/2022

Erie County District Attorney John J. Flynn announces that 36-year-old Jason L. Tyus of Buffalo was arraigned on Monday morning before Buffalo City Court Judge Kevin J. Keane on multiple charges in two separate criminal cases.

It is alleged that during the early morning hours of Sunday, July 31, 2022, the defendant unlawfully entered a pizzeria on the 1400 block of Kensington Avenue in the City of Buffalo with the intent to commit a crime. The defendant is accused of unlawfully entering the business by breaking a front window and causing damage to the building. The defendant allegedly damaged the cash register and stole an undetermined amount of cash.

Tyus was arraigned on the following offenses:

  • One count of Burglary in the Third Degree (Class “D” felony)
  • One count of Criminal Mischief in the Second Degree (Class “D” felony)
  • One count of Petit Larceny (Class “A” misdemeanor)
  • One count of Criminal Possession of Stolen Property in the Fifth Degree (Class “A” misdemeanor)

It is further alleged that during the early morning hours of Sunday, July 31, 2022, the defendant unlawfully entered a gas station convenience store on the 1400 block of Kensington Avenue with the intent to commit a crime. The defendant is accused of unlawfully entering the business by breaking front and side windows and caused damage to the building. The defendant allegedly stole a cash register that contained an undetermined amount of cash. Police allegedly found the stolen cash register on Hewitt Avenue.

It is further alleged that while being placed under arrest, police found a glass stem that contained suspected crack cocaine residue inside the defendant’s front jacket pocket.

Tyus was arraigned on the following offenses:

  • One count of Grand Larceny in the Fourth Degree (Class “E” felony)
  • One count of Criminal Mischief in the Second Degree (Class “D” felony)
  • One count of Burglary in the Third Degree (Class “D” felony)
  • One count of Criminal Possession of Stolen Property in the Fifth Degree (Class “A” misdemeanor)
  • One count of Criminal Possession of Controlled Substance in the Seventh Degree (Class “A” misdemeanor)

Judge Keane set bail at $25,000 cash, bond or partially secured bond on each case. Also, a temporary order of protection was issued for each complainant. 

Tyus is scheduled to return for a felony hearing on both cases on Friday, August 5, 2022 at 9:30 a.m.

If convicted of the highest charge in each case, Tyus faces a maximum sentence of 7 years in prison.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.

The defendant allegedly committing the crimes while pending sentence in diversion court after pleading guilty to the highest charge in five separate burglaries that he committed in the City of Buffalo and Town of Cheektowaga earlier this year.

On February 12, 2022, at approximately 3:30 a.m., the defendant unlawfully entered a pizzeria on the 1500 block of East Delavan Avenue in the Town of Cheektowaga with the intent to commit a crime by breaking the front door glass with a hammer. The defendant was linked to the crime through video surveillance and a witness description.

On February 12, 2022, the defendant unlawfully entered a second business on the 1500 block East Delavan Avenue in the Town of Cheektowaga with the intent to commit a crime. The defendant was linked to the crime through video surveillance.

Tyus was arrested and arraigned before Cheektowaga Town Court Justice James J. Speyer, Jr. on February 12, 2022. He was released on his own recognizance and scheduled to return to Court on April 8, 2022.

On March 9, 2022, at approximately 1:02 a.m., the defendant unlawfully entered a deli on the 1000 block of Kensington Avenue in the City of Buffalo with the intent to commit a crime by breaking a front window. The defendant was linked to the crime through video surveillance.

The defendant was arrested and arraigned before Buffalo City Court Judge Carrie Phillips on March 9, 2022. The defendant was released on his own recognizance and scheduled to return for a bail hearing the following day. A bench warrant was issued on March 14, 2022 after the defendant failed to appear for the bail hearing.

On April 8, 2022, at approximately 5:54 p.m., the defendant unlawfully entered the same deli on the 1000 block of Kensington Avenue with the intent to commit a crime by breaking a side door and climbing through a wall to gain access to the building. The defendant was linked to the crime through video surveillance.

The defendant was arraigned before Buffalo City Court Judge Shannon Heneghan on April 9, 2022. Bail was set at $5,000 cash, bond or partially secured bond. He was scheduled to return on April 13, 2022.  

Bail was also set in the March burglary case at $5,000 cash, property or partially secured bond when the defendant was returned to Buffalo City Court on April 9, 2022.

The defendant was indicted for the four burglaries as well as additional burglary. On February 10, 2022, at approximately 10:57 p.m., the defendant unlawfully entered a flower shop on the 1200 block of East Delavan Avenue in the City of Buffalo with the intent to commit a crime by breaking the front window. The defendant was linked to the crime through video surveillance.

Tyus was arraigned before Judge Eagan on an indictment charging him with five counts of Burglary in the Third Degree (Class “D” felonies) on May 16, 2022. He was held without bail following the arraignment on the indictment.

Over objection by prosecutors, the case was transferred to Buffalo City Court Judge Barbara Johnson-Lee for mental health court. Tyus pleaded guilty, as charged to five counts of Burglary in the Third Degree (Class “D” felonies) before Judge Johnson-Lee on June 28, 2022. The defendant was released to undergo mental health treatment while pending sentence in diversion court. If he had successfully completed the program, the defendant was eligible to withdraw his plea and plead guilty to reduced charges.

Our office is filing a motion and seeking a return date before Judge Johnson-Lee to request that defendant’s release be revoked on the cases pending sentence in mental health court.

All of the cases are being prosecuted by Assistant District Attorney David M. Zak of the Felony Trials Bureau.