Chautauqua County District Attorney's Office

Chautauqua County District Attorney's Office Official page of the Chautauqua County District Attorney's Office.

06/11/2026

District Attorney Jason Schmidt has issued the following statement:

Late this afternoon, a Chautauqua County jury convicted Windsor Coleman, formerly of Massapequa, New York, of four counts of Assault in the Second Degree, a class D violent felony, committed against Corrections Officers while he was housed in Lakeview Correctional Facility, and two counts of Promoting Prison Contraband in the First Degree, a class D felony, also occurring at the Lakeview Correctional Facility. Jury selection began on June 2nd and the jurors returned their verdict after beginning their deliberations earlier today. Sentencing has been scheduled for September 8th in Chautauqua County Court where Mr. Coleman faces the possibility of receiving 15 years of further incarceration followed by lifetime parole as a result of the convictions and his prior criminal record.

“Whether they work for the Sheriff’s Office at our local jail in Mayville or for the State in Brocton, ask any one of our Corrections Officers what their number one concern is on the job and you’ll hear the same answer: it’s not their own personal safety but the safety and security of the incarcerated individuals who are housed in their facility. Each and every day, behind walls most of us will never pass through, our Corrections Officers put their personal safety on the line to protect others. In this regard they truly are our unsung heroes and should not have to fear for their personal safety while simply trying to do their jobs and earn a modest salary. As much as we’re able, this office will prosecute, convict, and pursue the maximum sentences allowable under the law whenever someone assaults one of our corrections officers. With much appreciation for the trial team who worked hard to convict Mr. Coleman earlier this afternoon, that’s the roadmap we intend to complete on September 8th at Mr. Coleman’s sentencing when we will argue for the maximum sentence available here of 15 to life.”

The lead prosecutor on the case was Assistant District Attorney Andrew Hall who was assisted at the prosecution table by First Assistant Jeffrey DiPalma and Paralegal Chelsey MacCubbin. Mr. Coleman is represented by the Public Defender’s Office.

05/26/2026

Earlier today, a secret indictment authorized in April by a Chautauqua County Grand Jury was unsealed in County Court charging one Jkendric Agee with two counts of Assault in the Second Degree, a class D violent felony, committed on February 23, 2026, against two employees working at the Lakeview Shock Incarceration Correctional Facility located in Brocton, New York. The indictment alleges that Mr. Agee, while confined in the Lakeview facility, brutally attacked and injured a female civilian staff member without provocation, and then attacked and injured a Correction Officer who came to her aid.

At Mr. Agee’s arraignment on the indictment, County Court Judge David Foley entered a “not guilty” plea on his behalf and set bail at $250,000.00 cash, or in the alternative, $500,000.00 secured by property bond, or $500,000.00 secured by the posting of 10%. The Court then scheduled a Discovery Conference for June 22nd and remanded Mr. Agee into custody. He was then returned to Attica Correctional Facility where he has been housed since the attacks.

According to District Attorney Jason Schmidt, the assaults are alleged to have occurred while the civilian employee, an Offender Rehabilitation Coordinator, was providing instruction to Mr. Agree and other prison inmates inside a locked program room at the facility pursuant to the New York Humane Alternatives to Long-Term Solitary Confinement Act (the “HALT Act”). Enacted in 2022, the HALT Act strictly limits the use of solitary confinement as a disciplinary measure to a maximum of 15 consecutive days, and requires the Department of Corrections and Community Supervision (DOCCS) to provide therapeutic programming to inmates. The civilian employee was alone in a locked program room instructing the inmates when Mr. Agee assaulted her. He and the other inmates were neither shackled nor restrained at the time. He is innocent under the law until a jury finds otherwise.

“No one should ever have to earn a living while in fear for their personal safety or that of their co-workers. Unless you’ve experienced it for yourself, and I hope no person reading this ever does, an unprovoked attack doesn’t just threaten bodily harm and one’s physical safety but leaves behind substantial emotional scars that can last a lifetime. There is no place in this community, and certainly not in the workplace, for any person who attacks and assaults another person without justification. We take these cases very seriously and will aggressively pursue all options for holding those persons who hurt others accountable under the law to the fullest extent possible.”

DOCCS Commissioner Daniel F. Martuscello III said, “This indictment sends a clear message that violent assaults on correctional staff will be met with swift accountability. Our officers and civilian staff report to work each day to maintain safety and order and deliver rehabilitative services in challenging environments. They deserve to do so without fear of violence, and DOCCS will continue working with our law enforcement partners to ensure those who attack staff are fully prosecuted. I also want to thank District Attorney Schmidt for his partnership and commitment to pursuing justice in this case.”

05/15/2026

💙 In honor of National Police Week, we extend our deepest gratitude to the brave men and women who dedicate their lives to protecting our communities.

This week, we pause and recognize the commitment, courage, and sacrifice shown by those who gave their lives in the line of duty. Their service and dedication will never be forgotten.

04/22/2026

On Monday, April 20th, 28 year old former Jamestown resident Sean Thomas was sentenced to serve 20 years in state prison followed by five years of parole supervision on his conviction for Manslaughter in the First Degree arising from the April, 2024 death of an eight month old infant, Aniyah Turk, in the City of Jamestown. Mr. Thomas had previously been indicted for Murder in the Second Degree for which he would have faced a term of imprisonment, if convicted, from a low of 15 years to life, to a high of 25 years to life, with the possibility of being paroled after he served the minimum incarceration period set by County Court. On December 15th, shortly before his case was scheduled to begin trial, Mr. Thomas pled to the reduced charge under a 20 year sentence agreement offered by District Attorney Schmidt.

Sergeant Overend of the Jamestown Police Department Detective Bureau provided a statement regarding Thomas’ sentencing, “The Jamestown Police Department’s Investigative Section worked extensively to piece together this investigation, which lead to Mr. Thomas being charged with Murder in the Second Degree. While we are pleased this case is resolved without Aniyah’s family enduring a trial due to Thomas’s guilty plea, we know that it will not bring back Aniyah. I would like to thank the patrol officers that responded to the scene, the detectives that investigated Aniyah’s death, the District Attorney’s Office and the Chautauqua County Child Protective Services for working together to bring Mr. Thomas to justice. Tragic events such as this weigh heavy on all of those involved in the investigation, however, I cannot imagine the effect Aniyah’s passing has on her family. I hope they may find light in the darkness of this event and pray they find peace with knowing that Mr. Thomas is being held accountable for this heinous actions.”

According to DA Schmidt, “This closes out one of three child-homicide cases which all occurred within our County during a period of less than a month back in April, 2024. Two of the three happened in Jamestown and were simultaneously investigated by Jamestown Police whose investigators developed such overwhelming evidence of guilt that we were able to obtain a similar plea on that case as well. I cannot overemphasize the excellent investigative work performed by our Jamestown Police Officers under extraordinarily difficult circumstances. Despite being overwhelmed with multiple critical incidents and other police work at a time when they, along with our other police agencies, were undergoing record staffing shortages and reduced operating budgets relative to increased crime, Jamestown Police Department did exactly what was asked and expected of them. As a reflection of their solid work, Mr. Thomas will now spend the next approximate 20 years in state prison, and next month, on May 28th, Matthew Nuttall will be sentenced on his Manslaughter 1st conviction for causing the death of a 17 month old Jamestown toddler. We are fortunate to have such a dedicated group of experienced professionals working these difficult, heartbreaking cases.”

In the third child homicide prosecution arising from April, 2024, Silver Creek resident Ashley Bertino is charged with the death of her 12 year old daughter Mya. A Chautauqua County Grand Jury previously charged Ms. Bertino with Murder in the Second Degree under a “depraved indifference” theory, but that charge was later dismissed by County Court Judge David Foley on legal grounds concerning the applicability of the murder charge to the proven facts. District Attorney Schmidt is appealing that dismissal and expects argument on the appeal to be held by the Fourth Department Appellate Division later this year. The other charges contained in the indictment, Manslaughter in the Second Degree and three counts of Endangering the Welfare of a Child, were untouched by County Court and remain in place while the appeal is pending.

The District Attorney’s Office would like to thank all the law enforcement agencies involved in all three homicides.

Jamestown Police Department
Chautauqua County Sheriff

This week we recognize National Crime Victims' Rights Week. Observed this year from April 19-25th, is a time to honor vi...
04/20/2026

This week we recognize National Crime Victims' Rights Week. Observed this year from April 19-25th, is a time to honor victims and survivors of crimes, raise awareness of victims' rights, and highlight the many resources that are available to support healing and justice.

At the Chautauqua County District Attorneys Office, our mission is to advocate for victims with respect and empathy, while ensuring their voices are heard throughout the criminal justice process. We are committed to connecting victims with resources, protecting their rights, and pursuing justice.

We stand with victims' today and every day.

Learn more about National Crime Victims' Rights Week and available resources here:

➡️ https://ovc.ojp.gov/ncvrw2026/overview

03/18/2026

An announcement from District Attorney Jason Schmidt and Westfield Chief of Police Erik Karlstrom:

An eight count indictment issued by the Chautauqua County Grand Jury was unsealed yesterday morning, Tuesday, March 17th, charging Jahmaul W. Johnson of Westfield, New York, with Attempted Murder in the Second Degree, multiple violent felony-class weapons charges, and multiple counts of Endangering the Welfare of a Child, arising from the March 7th shooting of a female victim in the Village of Westfield.

At his arraignment in County Court, a plea of “not guilty” was entered on Mr. Johnson’s behalf before the Court set bail at $1,000,000 cash or, in the alternative, a $2,000,000 property bond. Mr. Johnson was then remanded to the Chautauqua County Jail. He now faces prison time of up to 25 years on the attempted murder charge and up to 15 years on the weapons charges, with the possibility that these sentences will run consecutively.

According to Westfield Village Police Chief Erik Karlstrom, at approximately 7:24 p.m. on March 7th, he and his officers responded to two simultaneous 9-1-1 calls placed from the residence where the shooting took place, one made by the children who were present when their mother was shot, and the other made by the female gunshot victim. Upon arrival, police and fire first responders immediately tended to the victim who had been shot once through the chest. Mr. Johnson was quickly identified as a suspect but had already fled the scene, leading to a police pursuit which culminated when he crashed his getaway vehicle into a ditch and was taken into custody in the Town of Pomfret a short time later that evening. A handgun and magazine believed to be used in the shooting was recovered at the time of Mr. Johnson’s arrest. The victim was transported to the closest Level One Trauma Unit, UPMC Hamot in Erie, Pennsylvania, and she is now recovering from her injuries.

According to Chief Karlstrom, “Our immediate concern was for the public’s safety once the victim was in transit to the hospital and we secured the scene for later processing. The Westfield Village community is far from asleep on a Saturday night. Between our restaurants and bar businesses, we have a fairly active nightlife Friday and Saturday evenings in which we play host not just to Village and local residents, but to patrons coming from across and even outside the County. Our number one priority was to find the individual responsible for the shooting, who we believed was still armed, and secure him into custody before anyone else could be hurt.

“Given the severity of the situation and the likelihood - which turned out to be the case - that Mr. Johnson had already fled the Village and entered into other police jurisdictions, we quickly coordinated with District Attorney Jason Schmidt and our police partners across the County to ensure that he was taken into custody without delay. In order to ensure he stayed in police custody until Grand Jury action could be undertaken, I then prepared an initial, lower level charge which I filed against Mr. Johnson. That charge, which served merely as a temporary placeholder until extensive charges could be asserted, has now been replaced by the indictment unsealed yesterday morning. To be clear, within about an hour of the initial call, we had Mr. Johnson in custody where I expect him to remain during the pendency of our case.

"On behalf of the Village of Westfield Police Department, I would like to thank all of the agencies and personnel who assisted us in this investigation and immediate apprehension of the suspect, including the Chautauqua County District Attorney’s Office and their investigators, Chautauqua County Sheriff’s Office, Chautauqua County Emergency Operations Center, Village of Westfield Fire Department, Chautauqua County Homicide Investigation Team, Chautauqua County Forensic Investigation Team, and New York State Police. As a small department, we obviously don’t possess the resources and equipment these agencies provided, and we are thankful for their contributions and dedication to protecting our community.

“As a final note, I also want to express my sincere appreciation to the residents of Westfield for their patience and cooperation during this complex and ongoing investigation. I am fully aware that this is the second critical incident our community has experienced within the last year, and that both involved shooting victims, one of whom died. As Westfield Village Police Chief, I am fully committed to conducting thorough and professional investigations utilizing every resource available to me. As best as I can, I will always try to be as transparent as I can in sharing information while preserving the integrity of our arrests and prosecutions.”

DA Schmidt would like to thank all law enforcement officers and first responders involved in this incident.

Chautauqua County Sheriff
Village of Westfield Police Department

03/13/2026

District Attorney Jason Schmidt announced today that 39 year old Evan Nix, formerly of Amherst, New York, was sentenced on March 2nd to eight years of state imprisonment followed by five years of parole supervision for his role in a 2024 botched robbery attempt in the City of Jamestown which resulted in the shooting death of one of his accomplices, and gunshot injuries sustained by two other accomplices. Mr. Nix was previously convicted of Attempted Robbery in the 1st Degree for masterminding the failed plan.

According to Jamestown Police Sergeant Daniel Overend, “Evan Nix is the last person to be sentenced in connection with this case. Nix’s sentence brings closure to the legal proceedings stemming from the robbery gone wrong, which resulted in one death and multiple injuries. The Jamestown Police Department officers and detectives worked extensively to investigate this case and to bring Nix and his co-conspirators to justice after he had left the state to avoid answering for his involvement in this robbery attempt. Nix’s decisions that day forever changed the life of Trevon Tripp’s family and now Nix will spend the next 8 years of his life in prison because of it. The Jamestown Police Department would like to thank the Chautauqua County District Attorney’s Office, Chautauqua County Forensic Investigation Team, Ellicott Police Department, FBI, US Marshals, ATF Ohio and the Erie Crime Analysis Center for their assistance with this investigation.”

On March 18, 2024, Jamestown Police were dispatched to the 800 block of Prendergast Avenue for a report of multiple gunshots inside a residence. Responding officers found two males suffering from gunshot wounds, later identified as 53 year old William Hernandez who was hospitalized for his injuries, and 26 year old Trevon Tripp who was pronounced dead at the scene. Police later located a third intended robber, one Juan Rivera Torres, who also sustained gunshot wounds, and identified Evan Nix as the individual who planned the robbery and recruited the others to take part. On December 8, 2025, Mr. Torres was sentenced to four and one-half years of state imprisonment followed by five years of parole supervision, and Mr. Hernandez was sentenced to four years of state imprisonment followed by five years of parole supervision, for their respective roles in the botched robbery. They had each also been convicted of Robbery in the First Degree, but were determined to be minor bad actors who may have shot one another and fatally shot Mr. Tripp by accident.

According to Jamestown Police, the two intended victims travelled from Rochester to Jamestown on March 18, 2024, for the purpose of selling cannabis to an individual with whom they corresponded only online. Unbeknownst to the two victims, they were actually communicating with Evan Nix who planned on robbing them with the aid of Trevon Tripp, William Hernandez and Juan Rivera Torres. After luring the two intended victims inside the Prendergast residence, the four would-be robbers attempted to steal cash and cannabis at gunpoint, with two of them brandishing handguns, but a struggle instead followed resulting in the fatal gunfight. Both Torres and Nix were able to escape the residence while Tripp and Hernandez remained behind due to the severity of their injuries. Torres was later apprehended by Jamestown Police when he sought medical treatment for a gunshot wound to his leg. He, along with the two intended victims, cooperated with the investigation, and their statements were corroborated by forensic evidence left at the scene. The District Attorney’s Office determined that the intended victims’ use of force was justified under the law and no charges will be brought against them for the death of Trevon Tripp or gunshot injuries sustained by his accomplices.

Town of Ellicott Police
Jamestown Police Department

03/02/2026

District Attorney Jason Schmidt gave a press conference this morning following the sentence of Michael Burham who pled guilty to Murder in the First Degree on January 13, 2026 arising from the shooting death of Kala Hodgkin on May 11, 2023. Judge David Foley sentenced Mr. Burham to 25 years to life in state prison.

DA Schmidt would like to thank the Jamestown Police Department, Federal Bureau of Investigation, Chautauqua County Sheriff's Office, the Chautauqua County Forensic Investigation Team, the Child Advocacy Program, Pennsylvania State Police, Warren County (PA) District Attorney's Office, and several law enforcement agencies in South Carolina for their assistance during the investigation and prosecution of this individual.

DA Schmidt and everyone at the District Attorney's office thank Chief Witkowski for his years of dedicated service. Enjo...
02/28/2026

DA Schmidt and everyone at the District Attorney's office thank Chief Witkowski for his years of dedicated service. Enjoy your well deserved retirement!

The Dunkirk Police Department would like to congratulate Chief Christopher Witkowski on his retirement after 27 years in law enforcement. Throughout his career with Fredonia PD, Westfield PD, the Chautauqua County Sheriff's Office, and ultimately the Dunkirk Police Department, he had the opportunity to serve this community in many roles, rising from Patrolman to Chief.

Chief Witkowski valued the relationship between the Department and the community, supporting initiatives such as National Night Out, Breakfast with a Cop, School Reader Days, and Santa for Seniors. He also remained committed to officer wellness and being available to those he served alongside.

Chief Witkowski is grateful for the support of his family, colleagues, and the community throughout his career.

On behalf of the Dunkirk Police Department, we thank him for his years of service and wish him well in retirement.

DPD62 is 10-7, we have the watch from here.

Congratulations Chief!

02/24/2026

District Attorney Jason L. Schmidt announces today that Dylan Abbey, age 33, of Jamestown, was sentenced February 23rd, in Chautauqua County court on convictions for three separate incidents that occurred in the City of Jamestown. Mr. Abbey had previously pled guilty in November 2025 to two counts Criminal Possession of a Controlled Substance in the 3rd Degree and one count of Criminal Possession of a Controlled Substance in the 4th Degree. The pleas covered incidents from January 27, 2025, April 8, 2025, and July 20, 2025. On January 27, 2025, the Jamestown Police Department attempted to conduct a traffic stop against the defendant in conjunction with a search warrant that was occurring in the City of Jamestown where Mr. Abbey led police on a vehicle pursuit, the pursuit ended when he drove into a farm field and his vehicle became stuck in the snow. JPD found several controlled substances in Mr. Abbey’s possession.

On April 8, 2025, the Jamestown Police Department attempted to take Mr. Abbey into custody on an active warrant. During this incident, they found Mr. Abbey to be in possession of a large quantity of methamphetamine. On July 20, 2025, the Jamestown Police Department responded to a complaint of an unwanted person, and found that person to be Mr. Abbey; and there were again active warrants for his arrest. During this incident, Mr. Abbey led the Jamestown Police Department on a foot pursuit, and was eventually captured where he was found to be in possession of a large quantity of methamphetamine.

At the time of Mr. Abbey’s plea, he was released from the Chautauqua County Jail under the supervision of the Chautauqua County Probation Department until his sentencing date. On January 27, 2026, Mr. Abbey was again arrested by the Jamestown Police Department following the ex*****on of a search warrant in the City of Jamestown. This arrest violated the terms of Mr. Abbey’s plea agreement giving Judge David Foley the discretion to sentence him to the maximum on each conviction. The charges from the incident in January are still pending.

Judge Foley sentenced Mr. Abbey to ten (10) years’ determinate in state prison on each CPCS 3rd conviction plus three years’ post release supervision, and three (3) years determinate in state prison plus three years’ post release supervision on the CPCS 4th conviction. The ten year sentences will run concurrently, and the three year sentence is to run consecutively to the ten year sentences, resulting in a total sentence of thirteen (13) years determinate’ plus three years’ post release supervision.

The District Attorney would like to thank the tireless efforts of the Jamestown Police Department and the Southern Tier Regional Drug Taskforce which led to the successful prosecution of this individual.
Jamestown Police Department

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