Accused Amherst burglars held on ‘lesser charge’ due to loophole in Bail Reform

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AMHERST, NY (WIVB) For the second day in a row, three Chilean nationals appeared in Amherst Town Court Tuesday on accusations that they burglarized several homes in Amherst in January. They were on the verge of having bail dropped, until prosecutors found a loophole in the new Bail Reform Law.

“We got a little creative here and we charged the Attempted Burglary,” said John Flynn, Erie County District Attorney. He said that burglary charges alone would not have been enough to hold the three on bail, but the lower charges of ‘attempted burglary’ were. “Which, believe it or not is a qualifying charge to set bail. Now again, how do you logically explain that? You would have to ask your representatives in Albany that question. I have no idea how that is logical.”

News Four has obtained 47 pages of court documents detailing the accusations that they burglarized homes on Rockingham Way, Golden Pheasant Lane, Village Pointe Lane. On Laurel Lane, they’re accused of stealing jewelry, a gun safe and $38,000 cash.

Suspect Itan Jadiel is accused of possessing a counterfeit Puerto Rican driver’s license while driving the black Chevy SUV they’re accused of committing the crimes with together.
Today gun possession charges against all three were dropped, because it may have been hard to prove they even knew a gun was in a stolen safe. The attempted burglary charges were enough to continue bail.

Two of the suspects have detainers against them for immigration issues, and Amherst Police say they may be questioned about similar crimes in Nassau County. “There’s a huge investigation going on in Nassau County right now that involves individuals from Chile and a number of them have been charged with burglaries, the same kind of MO, multiple homes in Nassau County, that we’re now seeing in Buffalo,” said Flynn.

Erie County District Attorney John J. Flynn announces that 36-year-old Itan Jadiel (also known as Hector Rene), 35-year-old Christian Antonio Rodriguez-Gonzalez, and 27-year-old Angelica Marie Rivera Perez of Chile were arraigned before Amherst Town Justice Kara A. Buscaglia on Tuesday, January 28, 2020 on the following charges:

•      Four counts of Burglary in the Second Degree, Class “C” felonies

•      One count of Attempted Burglary in the Second Degree, a Class “D” felony

•      Two counts of Criminal Possession of Stolen Property in the Third Degree, Class “D” felonies

•      One count of Grand Larceny in the Third Degree, a Class “D” felony

•      Two counts of Grand Larceny in the Fourth Degree, Class “E” felonies

•      Five counts of Criminal Mischief in the Third Degree, Class “E” felonies

•      One count of Possession of Burglar Tools, a Class “A” misdemeanor

All three suspects are held on $50,000 bail. Their felony hearings on the new charges of attempted burglary are scheduled for Monday, February 10.

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