Jonathan Young

ROCHESTER – The Chautauqua County District Attorney’s Office will make its case next month for overturning a suppression of evidence decision in the upcoming trial of a Jamestown man accused of starting numerous fires in March 2017.

Assistant District Attorney Michael Flaherty Jr. will appear before the state’s 4th Appellate Division on Dec. 2 to argue an appeal of an April 2019 ruling by Chautauqua County Court Judge David Foley when he said evidence gathered by Police in Pennsylvania is inadmissible against Jonathan Young in his New York trial.

Young faces a 25-count indictment in Chautauqua County Court that includes 13 felony arson charges. He’s accused of setting more than a dozen fires in Jamestown and Falconer between March 2-25, 2017. He was indicted by a Chautauqua County Grand Jury 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.

Young was also accused of fleeing into Pennsylvania as investigators in Jamestown were closing in on him as a suspect. He was eventually arrested for stealing a vehicle in Warren County as well as starting another fire in Butler County. He was held for prosecution for his crimes in Pennsylvania and, in April 2018, Young reached a plea agreement involving his Pennsylvania charges. He was then extradited back to Chautauqua County to answer to his charges here.

A pretrial hearing was held on April 1, 2019 in Chautauqua County Court and that is when Judge Foley ruled evidence to be inadmissible. At issue is whether or not statements made by Young to police in Pennsylvania at the time of his arrest can be used as evidence in his New York trial. Specifically, Pennsylvania detectives questioned Young about one of the arson cases that occurred in New York and the County DA’s office wants to use those statements as evidence.  But Foley ruled that at the time of his statements, Young waived his right to an attorney to be present during questioning only for the Pennsylvania charges and not the New York charges. As a result, Foley said the statements should be inadmissible in the New York trial.  In making his decision he cited the Court of Appeals case, People v. Lopez – which held that a detective violated a man’s indelible right to counsel by questioning him on unrelated New York charges without first obtaining a written waiver from his Pennsylvania attorney.

Jury selection in Young’s trial was to begin in March of this year in Chautauqua County Court. It’s been on hold since Foley’s ruling because the DA’s office filed for an appeal in the State Appellate Division.

Young is being represented by the Chautauqua County Public Defender’s Office.

TIDIOUTE, PA – Pennsylvania State Police say two men were killed in an ATV crash Sunday morning in Warren County.

The incident happened just before 7:30 a.m. in the southwestern corner of the county in Triumph Township. Police say the crash occurred due to a collision with a deer while the vehicle was traveling along Campbell Hill Road. One victim – identified as 54-year-old Frank Gariepy of Tidioute – was driving while the other – identified as 52-year-old Scott Hart of Slippery Rock, PA – was riding as a passenger.

Both men were pronounced dead at the scene.

Pennsylvania State Police say the 7-year-old – whose name was not released – was run over by a pickup truck around 8 p.m. at Tidioute Scenic Overlook in Limestone Township.

The boy was reportedly with 33-year-old Justin Sweitzer of Tidioute, who was also the driver of the truck. He was reportedly playing with the boy and speeding up as the child attempted to open the door and climb into the vehicle. The boy then fell over and was run over and later pronounced dead at Warren General Hospital.

The investigation into the incident is ongoing.

Richard Kimbrough Jr.

MAYVILLE – A Jamestown area man was taken into custody this week after allegedly threatening another man at gunpoint and leaving him “completely nude and in the dark” in a rural area of Warren County, PA.

The Post-Journal says 23-year-old Thomas Kimbrough, Jr. of West Ellicott was arrested by Pennsylvania State Police for the incident, which occurred on April 22 on Mud Run Rd., near Lander in Warren County.

Kimbrough is accused of inviting a friend to take ride with him and smoke marijuana on Tuesday night. But when they got to a rural area of Warren County, Kimbrough allegedly told the victim to get out of the vehicle and made him strip naked at gun point. He’s also accused of firing a single round near the victim, and then allegedly struck the victim in the face with the gun before driving off with all of his belongings.

The victim was able to find help from a family that was fishing in the area and called 911. An investigation led to Kimbrough’s arrest on several related charges. He was taken into custody and booked into the Chautauqua County Jail.

The Chautauqua County Sheriff’s Office says it received a request for assistance from the Pennsylvania State Police with a vehicle pursuit which had entered into New York in the vicinity of Findley Lake.

The vehicle operator – identified as 51 year-old Marshall Young of Erie – reportedly lost control traveling east on Rt. 430 while traveling at a high rate of speed. The vehicle slid sideways into the westbound lane leaving the roadway and entered a private driveway. The vehicle damaged a gate at the end of the driveway and then continued down the private driveway and entered the lawn area damaging it.

Young finally stopped the vehicle once he came to the edge of a wooded area. He was then taken into custody.

Upon investigating police learned Young was wanted out of Erie County, Pennsylvania for failure to appear.

The subject was arraigned in Mina court on being a fugitive from justice along with various other charges. Additional charges are pending in New York along with various Pennsylvania charges which will be forthcoming.

The Paws Along the River Humane Society in Warren is reporting via their Facebook page that at least five dogs have mysteriously gone missing in separate incidences over the past few days in Sugar Grove, Pittsfield and Freehold townships in Warren County, Pennsylvania.

A representative from the humane society says the dogs who’ve been left outside, that otherwise don’t leave the property, are suddenly gone.

In response, the humane society posted social media warnings telling dog owners to remain vigilant and not leave their pets outside unattended.

Anyone with information is asked to call Pennsylvania State Police.

The report from the Pennsylvania State Police says Bonnie Lucia of Russell, Pa. died due to complications from the crash that took place just after 9:30 p.m. Sunday on Route 957 in Sugar Grove, Pa.

Lucia is the second person to die in the accident. Also dying was Anne Wolf of North Warren, who was reported dead at Warren General Hospital shortly after the accident occurred.

The car, which police said was driven by 86 year old Elizabeth Donovan, was cresting a hill when it reportedly crossed the center line and struck a westbound tractor driven by 37-year-old Travis Larson, who was not injured.

Chautauqua County Sheriff deputies say 48-year-old William Lisek and 36-year-old Shaline Pepperman were listed on Erie Top Ten most wanted. When police spotted their car in Erie, they made a break for the state line. Once in New York, state troopers and Chautauqua County deputies stepped in to help.

At one point, the suspect’s vehicle spun out of control and Lisek began driving in the wrong direction on I-86. A Pennsylvania state trooper was eventually able to hit the fleeing vehicle, ending the chase.

No one involved appears to be seriously hurt.

Lisek is charged with failing to comply with police, reckless driving, speeding over 100 miles per hour, and more. Charges are pending for Pepperman.

They are both being held and are due back in the Town of Sherman Court at a later date.

According to Pennsylvania State Police, the police officer with the city’s police department shot 54-year-old Joseph Miller of Clarendon, Pa., around 7:30 p.m. following a traffic stop on Route 6, just outside of the city limits.

Police say Miller was pulled over because he was driving erratically. When the officer approached Miller’s vehicle, Miller reportedly became agitated and started loading an AK-47 rifle he had with him in the vehicle.

When Miller failed to obey the officer’s commands and continued to load the weapon and exit the vehicle, the officer fatally shot Miller. No one else was injured in the shooting.

Pennsylvania State Police said the investigation is ongoing but at this time it appears the shooting was justified.

The Post-Journal is reporting that State Police in Pennsylvania are reporting that 32 year-old Jessica White was killed and 34 year-old Matthew White was severely injured following the shooting incident that took place between 5 and 5:30 p.m. Wednesday at the couple’s Brown Hill Road residence in Chandlers Valley.

White was in critical condition Thursday morning in intensive care at UPMC Hamot in Erie.

Police are not speculating about what happened, other than to say it was a shooting incident and there are some suspicious circumstances. Both Matthew and Jessica White are listed as victims in police documents.

The investigation continues.