The agenda for the meeting on Monday, May 8 has “Resolution #1-2023” under old business.

Several dozen people attended the April 10 town board meeting to speak out against the Justice position being eliminated. Letters of support were also entered into the record by the Ellicott Town Police union and District Attorney Jason Schmidt.

The town Justice position affected is the one held by long-time Judge Marilyn Gerace, who has circulated petitions to appear on the November General Election ballot. Sally Jaroszynski is the other Town Justice.

Gerace said in her comments to the board in April that she and Judge Jaroszynski were blindsided by the decision, only learning about the position elimination the day after the vote when they both received a letter from Town Supervisor Janet Bowman.

She criticized the board for the making the decision without providing the public adequate opportunity to comment.

The Jamestown Post-Journal reports that it is expected that Town Supervisor Janet Bowman will make a motion to rescind the resolution Monday night.

Should the Town Board not approve that motion, a permissive referendum on the resolution will be held in June.

According to the minutes posted on the Town of Ellicott website, the board unanimously voted at the March 13 meeting to abolish an elected town justice position effective December 31, 2023. The resolution was not on the agenda and the vote took place at the end of the meeting following a 34 minute executive session on “litigation/personnel” issues.

The town then published a legal notice in the Jamestown Post-Journal on March 14, 2023 that said the “Town Board has determined that it would be in the best interest of the Town of Ellicott to reduce the number of Town Justices to one.”

The town Justice position affected is the one held by long-time Judge Marilyn Gerace, who has circulated petitions to appear on the November General Election ballot. Sally Jaroszynski is the other Town Justice.

According to the Jamestown Post-Journal, Gerace was joined by a couple dozen supporters at the town board meeting Monday night with letters of support being entered into the record by the Ellicott Town Police union and District Attorney Jason Schmidt.

Gerace said in her comments that she and Judge Jaroszynski were blindsided by the decision, only learning about the position elimination the day after the vote when they both received a letter from Town Supervisor Janet Bowman.

She criticized the board for the making the decision without providing the public adequate opportunity to comment.

She added in her statement that a petition has garnered over 300 signatures, which could force the town to put the resolution to a public referendum in a special election if the Town Board doesn’t act to rescind it.

District Attorney Schmidt also called on the town board to rescind the resolution, stating in a letter that Ellicott Town Court is one of the busiest courts in Chautauqua County.

He said that the elimination of the one of two Justice positions “could jeopardize the integrity of our criminal prosecutions by leading to longer delays in the adjudication of individual cases, increasing wait times for all involved, including not just criminal defendants but witnesses and counsel as well, and increasing the Court’s backlog which we have all worked so hard to reduce following the reopening. Without question, these factors could potentially lead to the dismissal of cases on statutory and Constitutional speedy trial grounds through no fault of the police or prosecutors; this, in turn, could undermine public confidence in the legal system and diminish access to justice for our citizens.”

A call and email by WRFA to Supervisor Bowman requesting comment on the matter have not been returned.

Dustin Post

A Silver Creek man has been sentenced to life in prison for sexually abusing children.

Chautauqua County District Attorney Jason Schmidt said 27-year old Dustin Post was sentenced Monday by County Court Judge David Foley to a state prison sentence amounting to 125 years to life to run consecutive to the Federal sentence Post is currently serving.

This follows Post’s conviction of six counts of Predatory Sexual Assault Against a Child.

He is already serving a 50 year sentence for producing and possessing child pornography after pleading guilty to the crimes in U.S. District Court in 2022.

Schmidt acknowledged the work of the Child Advocacy Program, saying in a statement, “Without this group of dedicated counselors, forensic interviewers and professionals who work hand-in-hand with law enforcement, we could have never developed the evidence here and maintained the integrity of the case despite numerous hurdles, including the pandemic and shutdown.”

Randall Rolison

The Jamestown man involved in two separate fatal incidents has been indicted for the crash that happened in December 2022.

District Attorney Jason Schmidt announced that 59-year old Randall Rolison was indicted by a Chautauqua County Grand Jury on charges of Aggravated Vehicular Homicide and 2nd Degree Manslaughter in connection with the fatal crash that took the life of Linda Kraemer on December 3, 2022.

Rolison was arraigned in County Court on February 28th and is in the County Jail without bail.

He has previously been indicted in connection with a fatal hit-and-run that occurred in Jamestown in December 2021. 15-year old Lexy Hughan died in that incident. Rolison faces manslaughter, driving while ability impaired by drugs, and leaving the scene of a motor vehicle accident involving a death in that case. He also faces a weapons charge.

Chautauqua County Courthouse, Mayville

An indictment has been filed in the shooting death of an Ellicott man.

Chautauqua County District Attorney Jason Schmidt said 18-year old Tucker Richard has been indicted on the charge of 2nd Degree Murder in connection with the shooting death of 57 year old Scott Blake on January 6th in the Town of Ellicott.

Richard was arraigned in County Court Tuesday morning by Judge David Foley, who set bail in the amounts of $2.5 million cash or $5 million property bond.

He remains in the Chautauqua County Jail and is being represented by the Public Defender’s Office. Richard is due back in court on March 31st for a discovery conference.

Randall Rolison

A Jamestown man who was involved in two separate fatal crashes has had his bail revoked and is in jail.

Chautauqua County District Attorney Jason Schmidt said 59-year old Randall Rolison is in the County Jail without bail following his release from UPMC Hamot Medical Center where he had been receiving treatment for injuries he sustained in a fatal crash on December 5, 2022. That crash in the town of Arkwright resulted in the death of 71-year Linda Kraemer and seriously injured 71-year old Gary Kraemer, both of South Dayton.

Schmidt said charges are still pending against Rolison in that incident.

Rolison had previously been indicted by a Chautauqua County Grand Jury on manslaughter charges after striking and killing 15-year old Lexy Hughan on December 31, 2021 with a commercial vehicle. He also is charged with three counts of Criminal Possession of a Weapon in the Second Degree.

Dustin Post

A Silver Creek man faces a maximum sentence of 150 years to life after being found guilty of sexual assault of a child in Chautauqua County Court.

A jury found 26-year old Dustin Post guilty of six counts of Predatory Sexual Assault of a Child. Chautauqua County District Attorney Jason Schmidt said the convictions cover sexual assaults committed by Post against five different children here in Chautauqua County, spanning a period of three years, from 2015 through 2018.

Post now faces a maximum sentence of 150 years to Life, to run consecutive the Federal sentence he is now serving. He is scheduled to be sentenced on April 10.

Sean McIlveen

A Jamestown man has been sentenced to time in state prison for stabbing his neighbor.

Chautauqua County District Attorney Jason Schmidt said Sean McIlveen was sentenced by County Court Judge David Foley to four years in state prison plus five years post release supervision after being convicted of 2nd Degree Assault.

McIlveen pled guilty to the assault charge on September 8, 2022 in County court after being charged by Jamestown Police in September 2021 for stabbing his neighbor with a knife.

Randall Rolison

The Jamestown man involved in a fatal hit and run accident in Jamestown last December has been involved in another fatal car accident in the town of Arkwright.

State Police said 59-year old Randall Rolison was the driver of the car that went through a stop sign at the intersection of State Route 83 and Center Road, hitting the car driven by 71-year old Gary Kraemer of South Dayton on Saturday night. The collision caused his passenger, 71-year old Linda Kraemer, to be ejected from the car. She was pronounced dead at the scene.

Kraemer, Rolison, and passengers in his vehicle were taken to area hospitals for non-life threatening injuries.

Rolison had previously been indicted by a Chautauqua County Grand Jury on a manslaughter charges after striking and killing 15-year old Lexy Hughan on December 31, 2021 with a commercial vehicle. He also is charged with three counts of Criminal Possession of a Weapon in the Second Degree.

Chautauqua County District Attorney Jason Schmidt issued a statement saying his office is “pursuing a number of options available under the law for addressing the current situation, including seeking the revocation of Mr. Rolison’s bail so that he can be jailed pending trial on the indicted cases. We are also actively working to develop information and evidence arising from Saturday’s accident which may lead us to file new charges against Mr. Rolison.

Schmidt criticized County Court Judge David Foley in his statement for reducing the amount of requested bail for Rolison on all charges from $500,000 cash or $1 million property bond to a total of $85,000 cash or $170,000 property bond. Rolison was able to make bail and was released at that time.

Heather Capell

A Brunswick, Georgia woman has been found guilty for causing a fatal car crash on I-86 in the town of North Harmony in July 2021

51-year old Bradley Wakefield of New Albion, Cattaraugus County died in that crash.

Chautauqua County District Attorney Jason Schmidt said 33-year old Heather Capell was convicted of 2nd Degree Vehicular Manslaughter, Criminally Negligent Homicide, and Driving while Ability Impaired by Drugs.

The jury acquitted Capell on the more serious charge, 2nd Degree Manslaughter: Recklessly Causes Death. The decision Monday came after a two-week long trial.

Capell will be sentenced December 19. She faces a maximum sentence of seven years in state prison.