Fatal DWI crash brings indictment on criminally negligent homicide

By Donna Snyder CATTARAUGUS CORRESPONDENT

October 03, 2008, 7:16 AM / 0 comments

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LITTLE VALLEY — A Village of Cattaraugus man charged with criminally negligent homicide is one of 11 people named Thursday in a grand jury report to Cattaraugus County Judge Larry M. Himelein.

Michael T. Andrews, 41, was indicted on charges of second-degree manslaughter, first-degree vehicular manslaughter, criminally negligent homicide and driving while intoxicated in connection with a fatal accident Jan. 2 on Ellicottville-Maples Road in the Town of Mansfield.

District Attorney Edward M. Sharkey said Andrews’ sport utility vehicle crossed into the oncoming lane, went into a ditch and hit a cement planter. His passenger, Joseph Sebastiani, 46, of Otto, was killed.

Himelein set arraignment for Oct. 20 for Andrews and the others who were indicted. They include:

• Jared T. Capra, 21, of Olean, third and fourth-degree criminal possession of a controlled substance and two counts of fourth-degree criminal possession of a weapon April 18 and June 13 in the City of Olean.

• Deon R. Maull, 19, of Allegany, third-degree criminal possession of a controlled substance, cocaine, June 18 in the City of Salamanca.

• Bradley M. Hurlburt, 35, of Westons Mills, DWI and failure to keep right April 17 in the City of Olean while driving with a blood alcohol count of .16 percent, twice the legal limit.

• Christopher J. Dorn, 19, of Cattaraugus, third-degree burglary and second-degree criminal mischief April 11 and 12 at the Carpenters Union Hall in the City of Olean, where intruders caused $1,500 property damage.

• Jay N. Poler Jr., 31, of Freedom, DWI, driving without a license, traffic violations and unlawful possession of marijuana March 28 in the Town of Freedom while driving with a blood alcohol count of .19 percent.

A search warrant executed by police April 5 in the City of Olean resulted in drug charges against five men, named jointly in an indictment.

Dion E. Sawyer, 38, and Briet K. Boykin, 37, both of Olean; and Carlson D. Croom, 41; Sam Carson IV, 38; and Charlton L. Owens, 39, all of Buffalo, were charged with second-degree criminal possession of a controlled substance and fourth-degree criminal possession of marijuana.

Sawyer also was charged with fourth-degree criminal possession of a weapon. Croom, Carson and Charlton were each charged with fourth-degree criminal possession of a controlled substance.

In other court action this week before Himelein:

• Sentencing was set for Jan. 5 for Joshua D. Kirtz, 20, of West Seneca, who pleaded guilty to third-degree burglary Nov. 4 at Lambert’s Storage in the Town of Machias.

• Thomas P. Phelps Jr., 26, of Olean, pleaded guilty to fourth-degree attempted criminal sale of a controlled substance on May 6, 2005, in the City of Olean. Sentencing is set for Nov. 17.

Daniel Price, 23, of Olean, pleaded not guilty to three counts of third-degree criminal possession of a controlled substance and three counts of criminal sale of a controlled substance May 25, 2007, and Sept. 13, 2007, and Feb. 25, 2008, all in Olean. He is in the County Jail in lieu of $15,000 bail.