Andrew Nellis will let an Erie County grand jury decide his fate on his drug arrest, his chief lawyer, Thomas J. Eoannou, said Tuesday.
A day after the son of Eden Town Supervisor Glenn R. Nellis was rejailed while awaiting sentencing for statutory rape, Eoannou said he will waive proceedings before City Judge James A.W. McLeod so the case can go directly to the grand jury.
He refused to say if Nellis, 23, will testify before the grand jury about his arrest last Wednesday. McLeod had been set for a felony hearing in the drug case this afternoon.
On Monday, Erie County Judge Sheila A. DiTullio revoked bail and ordered Nellis taken into custody at the request of prosecutors.
Nellis was briefly jailed following his arrest on Breckenridge Street after a police chase, but McLeod set additional cash bail, which his parents posted, freeing him until Monday's court session.
On Dec. 8, Nellis will be sentenced on his guilty plea to statutory rape for having sex with four underage girls.
Roseanne Eimer Johnson, the chief of the Erie County district attorney's Sexual Assault Bureau, could not be reached to comment.