David Waggoner

MAYVILLE – The Jamestown man found guilty earlier this year in the shooting death of another city man will spend 20 years to live in prison.

The Post-Journal is reporting 54-year-old David Waggoner was sentenced Monday in County Court. The sentence comes after a Jury found him guilty of 2nd degree murder in March.

In July 2018, Waggoner was charged for shooting 30-year-old William Michishima outside of Waggoner’s residence on Livingston Ave. The incident took place following a dispute over a stolen motorcycle. Michishima died later in an Erie hospital.

During the trial, Waggoner’s attorney, public defender Ned Barone, didn’t deny Waggoner was involved in the shooting but instead used the argument that he was acting in self defense.

Waggoner could have received sentences in the range of 15 to life and 25 to life. Prior to his sentencing , Barone read a prepared statement from Waggoner that depicted himself remorseful and apologetic, but maintained that his actions were the result of him entering “survival mode.”

Barone cited Waggoner’s commitment to his job, family, and lack of previous criminal convictions as reasons why he wasn’t given the maximum sentence.

David Waggoner

MAYVILLE – The trial involving a murder of a city man last summer continues in Mayville this week with the prosecution wrapping up its case on Tuesday.

The Jamestown Post-Journal reports District Attorney Patrick Swanson rested his case against 54 year old David Waggoner after calling his final witnesses to the stand.

Waggoner is accused of shooting 30-year-old William Michishima at 114 Livingston Ave. in Jamestown on July 24, 2018. Michishima was taken to an Erie hospital and died the following day. The incident is believed to have stemmed from a dispute over a motorcycle.

On Tuesday Swanson called witnesses to the stand who gave testimony into seeing the actual incident as it played out – acknowledging the two men were fighting before Michishima fell backward after a single shot from a gun was fired.

Waggoner is being defended by Chautauqua County Public Defender Ned Barone, who says his client was defending himself during the incident with Michishima.

The trial will resume on Thursday with the defense making its case.

Tyler Perez

JAMESTOWN – The Jamestown man considered a person of interest in the 2014 death of a toddler has been indicted on charges of second-degree murder and first-degree manslaughter.

The indictment against 35-year-old Tyler Perez was handed down on Monday and came after he was initially sent to the county jail without bail on a warrant Friday, stemming from a charge of first-degree manslaughter by an adult against a victim under the age of 11.

In April 2014, 16-month-old Nayla Hodnett of 218 1/2 Newland Ave was taken to WCA Hospital’s emergency room by her mother before being flown to Buffalo Women & Children’s Hospital for further treatment. The child later died of her injuries. An autopsy determined the child died of blunt-force trauma.

A few weeks following the death Perez was named as a person of interest in the case but was not formally charged in the case until Monday’s indictment.

The Jamestown Police Department says Perez pleaded not guilty when he was arraigned Monday and bail was set at $500,000 cash. He is being represented by Chautauqua County Public Defender Ned Barone.

Rance “Randy” Freeman, Jr., 31, was arraigned Thursday in Chautauqua County Court on a two-count indictment alleging two charges of Murder in the Second Degree.

Johnson was discovered deceased in his Westfield home on November 8, 2008. The Village of Westfield Police Department, Chautauqua County Sheriff’s Department, and the Chautauqua County Forensic Investigation Team responded and began an investigation which led to the indictment of Freeman, nearly 10 years later.

Chautauqua County District Attorney Patrick Swanson credited the perseverance of the investigators, adding “My thanks go out to the Chautauqua County Sheriff’s Office and Westfield Police for their continued efforts in investigating this case.”

Freeman  entered a plea of not guilty before Chautauqua County Court Judge Stephen Cass. Bail was set at $500,000 cash or $1,000,000 property.

Freeman is due to return to court for the completion of discovery and standard motions on a date yet to be determined.

The charges carry a potential sentence ranging from fifteen years to life up to twenty-five years to life imprisonment. As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.

Brian Korzeniewski

MAYVILLE – District Attorney Patrick Swanson announced on Friday morning that 52 year-old Brian Korzeniewski of Jamestown entered a plea of “Not Responsible By Reason of Mental Disease or Defect” in Chautauqua County Court.

The District Attorney advised the Court that two Forensic Psychiatrists, one retained by the District Attorney, and one retained by the defendant both reached the same conclusion, that the defendant, due to mental disease or defect did not have the capacity under New York State law to appreciate the wrongfulness of his actions when he killed Michael Bull at 508 6th Street, Jamestown on or around August 17-19 of 2017. This plea resolves the entire indictment against Korzeniewski which had charged him with Murder in the 2nd Degree.

Upon acceptance of the defendant’s plea, the County Court will issue an Order committing Korzeniewski to the secure custody of the New York State Department of Mental Hygiene. The defendant will be examined by two more psychiatrists who will submit their reports to the Court. After review of those reports the Court will determine the proper place for confinement and treatment of Korzeniewski, as well as the initial duration of his treatment and confinement.

“This case is such a tragic case. The defendant and the victim were friends. I believe with proper care and treatment that this killing was completely avoidable,” Swanson said. “Our society is struggling right now with how to best manage persons with serious mental health issues. Sadly, in individuals who have a dangerous mental disease or defect, their brain operations fail to mediate provoking feelings like fear, frustration, anger or rage. As a result, these extremely powerful feelings are not mitigated or contained and therefore can result in violent behavior. What happened in this instance was a result of uncontrolled and serious mental disease. The doctors here both agreed that Mr. Korzeniewski was not able to substantially appreciate the wrongfulness of his actions because of his serious mental disease. It was no surprise to us that the two examining doctors agreed on Mr. Korzeniewski’s condition. It was evident at the onset of this case that he was suffering from some sort of serious debilitating condition. I anticipate that Mr. Korzeniewski will be placed in the custody of New York State Department of Mental Hygiene where they will ensure he can never hurt anyone again.”

District Attorney Swanson credits the Jamestown Police Department with conducting a thorough investigation into the killing of Bull and the involvement of defendant Korzeniewski in the crime. The investigation discovered that Korzeniewski had a long history of mental disease before this event. District Attorney Swanson also thanks the Chautauqua County Forensic Investigation Team for the work on this case.

David Waggoner

UPDATED 12:50 p.m. on Wednesday, July 25, 2018

Jamestown Police are reporting that the victim in Tuesday morning’s west side shooting as died as a result of his injuries. A media release sent out Wednesday afternoon says the victim, whose name has not been released, was removed from life support at 12:20 p.m. Wednesday. Charges of 2nd degree Murder are now pending for the suspect, 54-year-old David Waggoner.

An autopsy will be completed on Thursday at the Erie County Medical Examiners Office to determine the exact cause of death.

[Original Story  – published 8:39 a.m. on Wednesday, July 25, 2018]

City Man Arrested Following Shooting on City’s West Side

JAMESTOWN – Jamestown Police have charged a city man with attempted murder and 1st degree assault following a shooting incident that took place just before 9 a.m. Tuesday on the city’s west side.

Police say 54-year-old David Waggoner was taken into custody not long after officers were called to 114 Livingston Ave. for a reported fight. When officers arrived they found a man lying in the street with a gunshot wound to the head.

The victim was rushed to UPMC hospital in Erie, where he is listed in critical condition. Police have not released the victim’s name, nor details on a possible motive.

Waggoner was being held at the Jamestown City Jail until he could be arraigned in city court.

Jamestown police were assisted at the scene by members of the Ellicott Police Department and Chautauqua County District Attorney’s Office.

Tyler Perez

JAMESTOWN – A man who was considered a person of interest in the death of an 18-month-old more than four years ago is back behind bars for violating probation.

Jamestown Police say 34 year-old Tyler Perez was charged Thursday night with second-degree menacing after allegedly threatening a woman during an incident at 408 Willard St.

During processing, police learned Perez was on probation in Pennsylvania for a prior weapons possession arrest and conviction and wasn’t allowed outside of the state.

Before his arrest in Jamestown and extradition to Pennsylvania in 2014, Perez had been named by Jamestown police as a person of interest in the death of 18-month-old Nayla Hodnett. After her death, an autopsy showed signs of internal blunt force trauma.

Perez was never charged in connection to the Hodnett homicide investigation and it remains unsolved.

The victim has been identified as 22-year-old Dylan E. Ownbey.

According to police, it is known that Ownbey was walking down Willard St with the suspect prior to the incident occurring where they were seen by witnesses fighting near that intersection. Investigators are also receiving information that a second person may have been in the area and fled down Peterson St with the original suspect. Investigators are looking for any information that may be known on the identity of the suspect or the second person who may have been in the area.

Information can be forwarded to the Jamestown Police at 483-7537 or anonymous tips can be left at the tips line at 483-Tips (8477) or via the Tips 411 App. All calls and tips are kept strictly confidential.

[ORIGINAL STORY]: JAMESTOWN – The Jamestown Police Department is investigating a stabbing incident that took place early Tuesday night, leaving one person dead and the suspect still on the loose.

According to Jamestown Police Captain Robert Samuelson, the stabbing took place near the intersection of Willard and Peterson Streets at about 7 p.m.

Two men were reportedly seen walking down Willard St. when they began to fight with one another. One of the men reportedly stabbed the other man before running off on Peterson St. towards Sciota St.

Samuelson says it’s believed that the two men may have been acquainted with one another as they were seen walking together prior to the altercation.

The victim is a 22-year-old male whose name is not being released at this time.

Meanwhile, the identity of the suspect who fled after stabbing the victim is not known at this time.

Investigators are looking for any information that may be known on the identity of the suspect. Information can be provided to Jamestown Police at 483-7537 or by calling the anonymous tips line at 483-Tips (8477), or via the Tips 411 App. Police say all calls and tips are kept strictly confidential.

Keith Robbins

JAMESTOWN – The Jamestown man accused of shooting and killing his estranged wife last year has reached a plea agreement with the Chautauqua County District Attorney’s Office, just moments before his trial was to get underway.

The Jamestown Post-Journal is reporting that 36 year-old Keith Robbins pleaded guilty to a count of first-degree manslaughter in connection to the November 10, 2016 shooting death of his estranged wife, 36 year-old Shari Robbins.

District Attorney Patrick Swanson said the family of Shari Robbins was comfortable with the sentence, adding that Keith Robbins will likely see a sentence of 20 to 25 years in prison for his crime, which the DA feels will be an appropriate sentence. He said he will be pushing for the maximum sentence allowed when sentencing takes place in December.

Robbins was being represented by Public Defender Ned Barone. Both Barone and Swanson said the plea deal would help avoid extending the trial through the coming weeks and give closure to both families.

Robbins was accused of shooting and killing his estranged wife in a Prospect Street parking lot on Nov. 10. He then went into hiding and was eventually brought into custody five days later, but not until after stabbing Jamestown Police K-9 Officer Mitchell before being captured in the attic of a home on the city’s west side. K-9 Mitchell was able to fully recovery from his injuries. The related charges involving Robbins’ alleged assault against the police dog have apparently been dropped as part of the plea deal.

Robbins will be formally sentenced Dec. 18.

Keith Robbins

JAMESTOWN – Jury selection has started in the case of the Jamestown man accused of shooting and killing his estranged wife in November 2016.

According to the Post Journal, selection began Tuesday in the trial of Keith Robbins, the 36 year-old Jamestown man who stands accused of shooting 36 year-old Shari Robbins in a church parking lot off of Prospect St. the morning of Nov. 10, 2016.

At least five jurors have been seated in the second-degree murder trial.

Robbins is being represented by Chautauqua County Public Defender Ned Barone.