Jason Schmidt

MAYVILLE – Chautauqua County has a new District Attorney.

Republican Jason Schmidt was sworn into office on Saturday, although the ceremony was a low key affair due to COVID-19.

Schmidt was sworn in after defeating previous District Attorney Patrick Swanson during the November general election.

(Left to Right) Jason Schmidt, PJ Wendel, Andy Goodell, George Borrello, and Tom Reed

It was a clean sweep for Republicans in Chautauqua County in the 2020 Election, as all GOP candidates on the ballot appeared to have won their respective races, regardless of the record number of absentee ballots that have been cast and await to be counted.

The big winners in the county-wide races were Andy Goodell (R-Ellicott) for the 150th State Assembly District, Paul “PJ Wendel (R-Lakewood) for the special election for Chautauqua County Executive, and Jason Schmidt (R-Fredonia) in the race for Chautauqua County District Attorney. Also picking up regional victories were George Borrello (R-Irving) for the 57th State Senate District and Tom Reed (R-Corning) for the New York 23rd Congressional District.

• ALL ELECTION NIGHT TOTALS IN CHAUTAUQUA COUNTY

SCHMIDT VOTED INTO OFFICE FOR THE FIRST TIME

Jason Schmidt

For Jason Schmidt, the second time was a charm in his run for Chautauqua County District Attorney. He appears to have cruised to any easy victory over incumbent Patrick Swanson (D-Fredonia) after previously losing to the current DA in the 2016 election.

This time around, Schmidt received 29,925 votes between early voting and Election Day voting while Swanson picked up 17,122.

According to the Chautauqua County Board of Elections, there remains a possible 11,926 absentee ballots in Chautauqua County that could be added to the final vote total, but even if Swanson picked up all of those votes, he still wouldn’t have enough to win.

“I’m humbled, honored, and grateful to all my supporters and so appreciative to the team of people who have stood by my side the entire time and the movement that we created. Getting into this, it was really about the community – the victims and the police. We stayed true to that and that’s really what it is all about for me,” Schmidt told WRFA on Election Night following news that he had won.

Schmidt also offered his thoughts on how he was able to win by such a wide margin on Election Night.

I think in many respects, the election was about different philosophical approaches to the office. I tried to make that clear and I wanted to define the campaign based on that. I felt there wasn’t enough emphasis being placed on prosecution and conviction,” Schmidt said. “That doesn’t mean that I want to go out there and be a hammer looking for a nail, that’s not who I am. But at the same time I feel there were a lot of people let down in many high profile cases here, and that was never lost on me. It was important that they be remembered and honored by my campaign.”

WENDEL NO LONGER ‘ACTING’ COUNTY EXECUTIVE

PJ Wendel

In the special election for Chautauqua County Executive, Wendel defeated Democratic opponent Richard Morrisroe (Dunkirk) by an election night vote of 33,633 to 13,126. Wendel had been serving as acting county executive after being appointed by the Republican-controlled county legislature at the start of this year. Previously he had served as a member of the legislature representing Lakewood and Busti along with a small portion of Jamestown. He also was legislature chairman prior to his appointment to county executive.

“I’m excited and I’m very humbled by the residents of the county who elected me for this position. I’m humbled to win by that much – that’s the voters who spoke. It’s not an appointment, that’s the residents of the county and I think that means a lot. I’m humbled to have that kind of a margin,” Wendel said.

Wendel will now serve the final year of the current term of the office for County Executive and will have campaign all over again next year, as he’s already stated that he wants to serve a full term as the county’s top executive.

GOODELL LOCKS UP 6TH TERM IN ASSEMBLY

In the race for the 150th State Assembly District, Goodell also had an insurmountable lead over his Democratic opponent, Christina Cardinale of Jamestown. Goodell received 34,627 votes on election night to Cardinale’s 12,514.

Andy Goodell

“I’m very thankful that the residents of the Chautauqua County have given me the opportunity to represent our county in the State Legislature and I’m also very thankful that my Assembly colleagues give me the opportunity to serve as the floor leader on the floor of the Assembly,” Goodell said. “That gives me the opportunity to make sure the voices, concerns and issues that are important to us here in Chautauqua County are front and center in all of our legislative proceedings. I’m excited to go back, but I’m also very mindful that there is a tremendous amount of work to do and it will take everybody’s help and cooperation as we move forward to address these serious issues.”

The win secures Goodell a 6th term in Albany after first being elected to the office in November 2010.

BORELLO WINS FIRST FULL TERM IN STATE SENATE

George Borrello will also continue representing the three southwestern-most counties of the state in the State Senate as he easily won a full two years to represent the 57th District in Albany.

George Borrello

Borrello defeated Frank Puglisi (D-Cattaraugus County) with an election night final of 78,047 to 24,940.  Borello was first elected to the Senate in a special election last year to finish the final year for the current term after former Sen. Cathy Young resigned from her post in early 2019 to take a job in the private sector.  Last year, he defeated Democrat Austin Morgan by 42,563 to 17,270.

“I am honored and grateful for the trust that the hardworking people of our region have again placed in me to represent the 57th District,” Borrello said in a statement released Tuesday night. “Over the past year, we’ve faced the unimaginable challenges of a global health emergency and a devastating economic crisis…. The COVID-19 challenge has exacerbated many existing issues and failures of our state government, which has further energized the need for change. That will be the starting point for our efforts. We must now set aside the politics and work to face the tough road ahead. I vow to continue working to advance our recovery and fight against the extreme, politically self-serving agendas that undermine our security, ignore our shared values, and prevent us from realizing our fullest potential.”

REED DEFEATS MITRANO IN REMATCH OF 2018 RACE

Tom Reed

In the race for the 23rd Congressional district, Republican incumbent Tom Reed defeated Democratic Challenger Tracy Mitrano (Penn Yan) with an election night total o 160,131 to 90,959. It’s not known how many absentee ballots remain to be counted throughout the district but it is likely that there are not enough outstanding to give Mitrano an opportunity for a come-from-behind victory.

It was the second time in as many elections that Reed squared off against and defeated Mitrano.

GREENAN WINS SUPREME COURT RACE

There was also a race for State Supreme Court for the eight counties making up the Eight Judicial District. In that race, Republican candidate Gerald Greenan III defeated Democrat Amy Martoche 246,688 to 181,674. Again, the total number of absentees that remain to be counted are not available at this time, but the Greenan has a likely insurmountable lead over Martoche.

The final vote totals for each race won’t be known until later this month after all absentee ballots are opened and counted and then the canvasing of all votes takes place to provide an official, final result.

FEDERAL RACES HIGHLIGHT 2020

The main focus is on the race for presidents, where Republican incumbent Donald Trump is being challenged by Democratic candidate and former vice president Joe Biden. There are also several other third party candidates appearing on this year’s ballot.

In addition to the race for president, all seats in the House of Representatives are up for grabs, including the election for the New York 23rd congressional district, which has ten-year Republican incumbent Tom Reed facing Democratic challenger Tracy Mitrano in a rematch of the 2018 election.

One-third of the U.S. Senate is also up for election, but neither New York’s two seats are on the ballot for this year. Those two seats are currently held by Chuck Schumer and Kirstan Gillibrand.

STATE OFFICES UP FOR VOTE

All legislative seats in Albany are also up for election. In the state Senate, Republican incumbent George Borrello from Chautauqua County – who won the state’s 57th senate seat during a special election last year – is facing Democratic Challenger Frank Puglisi of Cattaraugus County.

In the race for the 150th State Assembly seat, ten-year Republican Incumbent Andy Goodell of Ellicott is being challenged by Democratic Newcomer Christina Cardinale of Jamestown.

There’s also the a race to fill a State Supreme Court Seat. Democrat Amy Martoche and Republican Gerald Greenan III are competing for a 14-year term in a judicial district that spans eight counties, including Chautauqua county.

LOCAL RACES

There are also two local races of note.

The Chautauqua County District Attorney’s race features Democratic incumbent Patrick Swanson facing Republican challenger Jason Schmidt in a rematch from four years ago. There’s also a special election for county executive to fill the remaining year on the current term – with Republican PJ Wendel of Lakewood facing Democratic candidate Richard Morrisroe of Dunkirk. Wendel is currently serving as acting county executive after the seat was vacated by Borrello at the start of this year.

Polls are open Tuesday from 6 a.m. until 9 p.m. in Chautauqua County.

Julio Montanez

MAYVILLE – A Jamestown man who had his initial murder indictment dismissed due to an error by the DA’s office is back behind bars after being indicted yet again on the same charges.

Chautauqua County District Attorney Patrick Swanson said on Monday afternoon that Julio Montanez was indicted on charges of second-degree murder and two counts of second-degree attempted murder.

Montanez was arrested in October 2019 following the investigation into the shooting death of 28-year-old Justin Gibbons in Sherman.

Earlier this month, County Court Judge David Foley dismissed the initial indictment again Montanez for errors made during grand jury questioning.

The DA’s office had the option of either appealing Foley’s ruling or obtaining an indictment within 30 days.

Gibbons was shot in the back around 1 a.m. Oct. 6, 2019, in Sherman during an altercation and died a short time later.

A debate between the two 2020 candidates for Chautauqua County District Attorney – Patrick Swanson and Jason Schmidt. Moderated by WRFA’s Jason Sample with questions provided by media panelists Terry Frank of WJTN Radio and Justin Gould of WNY News Now. Recorded Oct. 15, 2020 at the Reg Lenna Center for the Arts in Jamestown, NY.

Video stream of debate also available at the WRFA Youtube channel.

Andrew Goodell and Christina Cardinale

JAMESTOWN, NY – A 60-minute debates involving the candidates for New York State Assembly 150th District will take place at the Reg Lenna Center for the Arts’ Media Arts Studio Thursday night, Oct. 8.

The debate featuring New York State Assembly candidates Andrew Goodell, the Republican incumbent, and Christina Cardinale, the Democratic challenger, will begin at 7 p.m. and will be broadcast on local radio along with video streaming online.

Three different media outlets will be collaborating to bring the debates to residents throughout Chautauqua County. Participating media members include Media One Radio Group, WNY News Now, and WRFA Radio – all based in Jamestown.

Jason Sample, WRFA Public Affairs Director, will serve as moderator for all three debates. Questions for the candidates will be provided by participating media members – Terry Frank, Media One News Director;  Justin Gould, WNY News Now Director/Anchor; and Sample. There will also be an opportunity for each candidate to pose a question to one another.

The debate will take place at the Reg Lenna Center for the Arts in Jamestown, inside the facility’s Media Arts Studio.

Due to COVID-19, there won’t be a live studio audience for the debate. However, it will be broadcast live on WRFA radio (107.9 FM or streaming at WRFALP.com/Streaming) and also a live video stream will be available at WRFA’s Youtube Channel.

In addition, it will also be live streamed by WNY News Now on its Facebook page as well as WNYNewsNow.com/Live. It will also be rebroadcast at 10 a.m. on WJTN Radio (101.3 FM / 1240AM), and also on WRFA at 5 p.m. on Oct. 15 and again at noon on Oct. 18.   Video will also be available for viewing afterward through WNY News Now and the WRFA Youtube Channel.

Funding for the live broadcast and online streaming of the event was provided by the Reg and Betty Lenna Fund at the Chautauqua Region Community Foundation.

OTHER DEBATES ALSO PLANNED

Two other debates will also be held on Thursday, Oct. 15 and feature candidates for the special election of Chautauqua County Executive: Richard Morrisroe (Democratic, Working Families) and Paul “PJ” Wendel (Republican, Conservative, Independence); and the election for Chautauqua County District Attorney: Jason Schmidt (Republican, Conservative) and Patrick Swanson (Democratic, Independence, Working Families). Those debates will take place at 6 p.m. and 7 p.m., respectively and will also be broadcast live on WRFA, as well as streaming on WRFA and WNY News Now media platforms.

Chautauqua County Sheriff Jim Quattrone (left) listens as city resident Derrick Coleman shares his thoughts on the current relationship between law enforcement and people of color within the community.

JAMESTOWN – An estimated 50 people were at the Robert H. Jackson Center Thursday night to attend a free screening of a documentary focusing on building relationships between police and the black community and to also participate in a discussion afterward.

The screening of “Walking While Black: L.O.V.E is the Answer” was made possible through a collaboration between the Chautauqua County Sheriff’s Office and the County District Attorney’s Office. In addition to being screened on location, the film – along with a subsequent community conversation – was also live streamed over the Internet.

The documentary is an award winning film offering a message of reconciliation. The film focuses on improving relations between police and people of color by reshaping the narrative from conflict to L.O.V.E. – which is an acronym for Learning, Opening, Volunteering and Empowering. According to the documentary producer, who also wrote a book on the subject, the “Learning” part focuses on learning about each other. The “Opening” is to focus on opening our hearts to each other. “Volunteering” means to actively and willingly being part of a solution in each other’s lives. And the “Empowering” focuses on encouraging others to do the same.

Chautauqua County Sheriff Jim Quattrone, who facilitated the community discussion afterward, said he hoped the film would encourage both local police departments and members of the black community to work toward building trust and understanding with one another.

“What I’d like to think about is the LOVE principle and how we can put that to use in our own community. Not just law enforcement but also how can the community put it to use. How can we sustain that. And what will you do, individually, to sustain that and keep it moving. Because it’s really going to take all of us to continue to move in that direction,” Quattrone explained.

The sheriff also said that he also had a recent meeting with over 35 other police administrators across New York State and showed the film, and it was well received by that group as well.

During the discussion afterward, several community members spoke out about the current relationship between police and the black community and called for better education efforts to not only remind police about how to interact and deescalate situations, but to also better inform young people of the rights so they know what police can and can not do during an interaction.

Justin Hubbard from the Jamestown Justice Coalition also requested that more rank and file officers in the community be required to watch the documentary as a learning tool. However, Quattrone said there are likely contractual issues that prevent police departments from requiring officers to do that. However, he did say that it would be added to the curriculum at the local police academy so that incoming officers will likely have seen the film and at least being exposed to the concept of LOVE, prior to joining the police force.

After the screening, Quattrone said he was pleased with the turnout and hopeful the conversation will continue moving forward.

“I think it’s important that we recognize how people are feeling in the community and address that. If they’re feeling that way, it’s real for them. sometimes it’s hard for us to understand. But we have to recognize it and keep on moving forward. I think the biggest thing we hear is that we need to see change and to build that trust,” Quattrone told WRFA afterward. “We talk about this building of police-community relations. I’d like to get to the point where we are able to say that this is a community, not a separation between police and community, but that this is a community.”

Among those who attended the event were representatives of local law enforcement, including those in the Jamestown Police Department.

Several members of the black community were also on hand, as well as the members of the Jamestown Justice Coalition and several local elected officials, including District Attorney Patrick Swanson, County Executive PJ Wendel, Jamestown City Council woman Tamu Graham–Reinhardt, and Assemblyman Andy Goodell.

While the first viewing of this film was last night, Quattrone said he will be able to show the film in various other areas throughout the county and will be working with other areas to locate venues to show the film and have community discussions.

Should you be interested in hosting the film please contact Sheriff Jim Quattrone at 753-4900 or email at quattrone @ sheriff.us.

Fire crews work to contain a major fire on W. Main St. in the village of Falconer on Wednesday, March 22, 2017.  It was later determined the fire was caused by arson. (Photo courtesy of Andy Palermo, Jamestown, NY)

ALBANY – A local man who was charged in 2017 for setting over a dozen fires in the Jamestown area will not be prosecuted for the alleged crimes.

The Post-Journal is reporting today that New York’s highest court has denied an application seeking an appeal in the case involving Jonathon Young, who was accused of setting fires in both occupied and vacant residences in both Falconer and Jamestown in March 2017.

The appeal was sought by the Chautauqua County District Attorney’s Office after the 4th appellate division handed down a ruling earlier this year that upheld a 2019 ruling by County Court Judge David Foley, stating the case should be thrown out on the grounds that evidence used in Young’s 25-count indictment wasn’t admissible. The evidence involved statements Young had made to Pennsylvania authorities while being investigated for an arson in Butler County, Pa. Those statements where then used by the Jamestown Police Department when building its case to help indict Young on the local arson charges.

District Attorney Patrick Swanson had applied for a request to have the State Court of Appeals hear the case, but was denied in a one-page order dated Aug. 7.

Young has been accused of setting numerous fires in Jamestown and Falconer between March 2 and March 25 in 2017:

• March 2 (12:45 a.m.) – 621 E. 6th St., Jamestown (Occupied Apartment)
• March 2 (11:27 p.m.) – 621 E. 6th St., Jamestown (Vacant Apartment)
• March 6 (8:18 p.m.) – 2840 Woodlawn Ave. Ext., Falconer (Abandoned Home)
• March 12 (12:58 p.m.) – 2840 Woodlawn Ave. Ext, Falconer (Abandoned Garage)
• March 22 (6:30 a.m.) – 441 Winsor St., Jamestown (Condemned House)
• March 22 (7:19 a.m.) – 29 to 39 W. Main St., Falconer ( Occupied Building)
• March 23 (6:14 p.m.) – 621 E. 6th St., Jamestown (Condemned Home)
• March 24 (11:05 p.m.) – 650 E. 6th St., Jamestown (Condemned Home)
• March 25 (12:21 a.m.) – 220 Crossman St., Jamestown (Condemned Home)
• March 25 (1:04 a.m.) – 30 W. 11th St., Jamestown (Debris Pile near Home)
• March 25 (1:16 a.m.) – 22 W. 11th St., Jamestown (Condemned Home)
• March 25 (2:10 a.m.) – 33 W. 10th St., Jamestown (Condemned Home)

Young was arrested in Butler, Pa. shortly after the last local fire was set on March 25, 2017 and was indicted on two counts of second-degree arson, 11 counts of third-degree arson, one count of fifth-degree arson and 11 counts of second-degree criminal mischief.

The most serious charge, second-degree arson, carries a sentence of up to 25 years in prison.

The district attorney told the Post-Journal that with the latest denial, there remains no options for prosecution on the arsons due to Young’s constitutional right to not be prosecuted twice for the same crime.

• AUDIO ALSO AVAILABLE AT SOUNDCLOUD

WRFA’s Jason Sample talks with Chautauqua County District Attorney Patrick Swanson about challenges facing the DAs office during the Coronavirus Pandemic and also discusses the upcoming November election when he’ll be seeking a second 4-year term in office.

Chautauqua County District Attorney Patrick Swanson

Chautauqua County District Attorney Patrick Swanson

MAYVILLE – Chautauqua County District Attorney Patrick Swanson said today that any individual who spits or coughs on a member of law enforcement will be prosecuted to the fullest extent of the law.

The announcement follows incidents reported by police agencies in Chautauqua County in light of the COVID-19 crisis.

“We find ourselves in unprecedented times. Our Police Officers, Sheriff’s Deputies and State Troopers are putting their lives, and potentially the lives of those close to them, at-risk to protect our communities every single day,” Swanson said. “These officers risk exposure to this virus simply by going to work. It angers me that anyone would spit or cough at an officer – especially during this health crisis – in an effort to intimidate or threaten them when they are performing their job related responsibilities. The people of Chautauqua County should know that this behavior will not be tolerated, and my office will pursue the highest possible charge against any individual who threatens the health and livelihood of our law enforcement officers.”

The range of potential charges may include Attempted Assault in the Second Degree, a Class “E” felony, Menacing in the Third Degree, a Class “B” misdemeanor, and violation of Harassment in the Second Degree.

The Chautauqua County DA’s Office will also consider bringing a motion to the court to compel a defendant to be tested for COVID-19. If the alleged incident occurs within a correctional facility, an individual could be charged with Aggravated Harassment in the Second Degree, a Class “E” felony. If convicted on the felony charge, a person could face a maximum of 4 years in prison.

This is a time for coming together as a whole community to get through an unthinkable crisis. My hope is that we do not have any more of these types of incidents.