Anthony Neubauer

A Falconer man has been indicted by a federal grand jury for a kidnapping that resulted in a death.

Assistant U.S. Attorney Michael Adler said according to the complaint, on May 27, 2014, 36-year old Anthony Neubauer kidnapped an individual identified as J.A. and transported them from New York to Pennsylvania, resulting in the death of J.A.

Neubauer was arraigned Friday afternoon before U.S. Magistrate Judge Jeremiah McCarthy and is being held pending a detention hearing on Tuesday, March 28.

The charge carries a mandatory minimum penalty of life in prison.

According to the Jamestown Post-Journal, the initials “J.A.” and the date of the kidnapping match the disappearance of Joseph D. Anthony, who was last seen May 27, 2014, in the 700 block of East Second Street in Jamestown.

The Post-Journal reported that the FBI executed a federal search warrant near Sugar Grove, Pennsylvania but there was no comment on the subject of the warrant nor if anything was recovered.

Anthony Neubauer was more recently the victim of a shooting at The Bullfrog Hotel on November 30, 2019.

No charges were filed in that case. Former Jamestown Police Chief Harry Snellings stated in February 2020 that with attempts to interview Neubauer through his attorney were unsuccessful, JPD ended its investigation and turned the matter over to the Chautauqua County District Attorney’s Office.

Assistant US Attorney Michael Adler, Chautauqua County District Attorney Patrick Swanson and US Attorney James Kennedy, Jr.

Chautauqua County District Attorney Patrick Swanson and U.S Attorney James P. Kennedy Jr. have created an Overdose Response Initiative.

Modeled after similar initiatives across the state and country, the program aims to examine overdose deaths in an effort to track down drug dealers and offer support to victims’ relatives. The Overdose Response Initiative aims to coordinate local law enforcement and compile information from a multitude of sources to find the origin of the drugs that lead to overdoses.

“We then will work with our federal partners, including the US Attorney’s Office and the FBI, to put these cases together for federal prosecution,” Swanson said. “Until now, the partnership has been an informal one, however, today, we are formalizing that partnership and making public our efforts to combat overdose deaths.”

The partnership announcement follows a training session, organized by Swanson and presented by Assistant U.S. Attorney Michael Adler, opioid coordinator for the U.S. Attorney’s Office. More than 40 investigators and top level administrators from law enforcement agencies across Chautauqua County attended the training hosted by the State University at Fredonia and Brent Isaacson, new SUNY Fredonia campus police chief.

“The level of participation today is a testament to the commitment by our law enforcement leaders to fight this problem in our community,” Swanson said.

Defendants who sell drugs that lead to an overdose death can be charged federally and face up to life in prison if convicted. For example, in November 2018, in a first of its kind verdict, a federal jury convicted Dontrell Wise of supplying the drugs that led to November 2017 death of a young Cheektowaga woman. Wise was sentenced in March to life in prison. The prosecution resulted from the combined efforts of the FBI, DEA, Buffalo Police, and Cheektowaga Police. Assistant U.S. Attorney Michael Adler handled the prosecution of that case.

“Collaboration at that level is what is needed to bring these peddlers of poison to justice,” Swanson said.

The initiative’s multistep, multi-agency approach, begins when an overdose occurs. Overdoses are being investigated like crime scenes. Investigating officers will work with the newly appointed Chautauqua County narcotics prosecutor to collect facts concerning the time, place and identity of the deceased and whether or not there is evidence of value at the scene. Another component is the cooperation of family and friends of the deceased. Investigators will interview those closest to the victim in hopes of discovering the source of the fatal drugs. All of the information, along with a toxicology analysis, will be compiled and relayed to the District Attorney’s Office, which will then develop a prosecution strategy in conjunction with the U.S. Attorney’s Office.

“I commend District Attorney Swanson for his proactive leadership in seeking to address the opioid crisis in Chautauqua County and the greater Southern Tier region,” Kennedy said. “We know that in areas where public health and public safety come together, death rates are reduced and communities make positive strides in the opioid battle. The residents of Chautauqua County should be encouraged by this new collaborative partnership. However, let this also serve as a warning to those peddling these deadly drugs that we are one team and we will find you and prosecute you.”

“We are able to take these steps because our U.S. Attorney, James P. Kennedy Jr. is committed to holding those who deal drugs accountable for the havoc they wreak,” Swanson said. “This is also possible in part because of an additional attorney being added to my staff. With the right resources we are able to accomplish more. One of my current priorities is to request the funds for an investigator to work side-by-side with my narcotic prosecutor. I am eager to give these cases the attention they deserve. Our citizens are dying and it needs to stop. This initiative is a much needed response to a tragic crisis that is gripping Chautauqua County and destroying countless lives throughout the county.”

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that David Jesus Pagan and co-defendant Rafael Burgos were the leaders of a drug trafficking organization that distributed illegal narcotics in the Dunkirk area between 2013 and June 10, 2015. During that time, members distributed multiple kilograms of cocaine throughout the Dunkirk area.

Pagan was arrested in June of 2015 along with Burgos, Javier Pagan, Jr., Angel Pierluissi, Samuel Hernandez III, and Alvin Torres. Search warrants were executed at the time of the arrests at six properties which resulted in the recovery of more than seven kilograms of cocaine (the largest seizure ever in the City of Dunkirk) and approximately $175,000 in cash as well as an AR-15 assault rifle with a 30 round magazine, most of which was found in the defendant’s residence. During a search of Burgos’ residence, officers discovered a secret room with a money counting machine. All defendants have been convicted.

Friday’s plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Office, the Dunkirk Police Department, under the direction of Chief David C. Ortolano, the Chautauqua County Sheriff’s Office, under the direction of Sheriff Joseph A. Gerace, the Cattaraugus County Sheriff’s Office, under the direction of Sheriff Timothy S. Whitcomb, and the Chautauqua County District Attorney’s Office, under the direction of Patrick Swanson.

Sentencing is scheduled for March 14, 2017, at 3:00 p.m. before Judge Wolford.