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Falls man charged with attempted murder in June shooting

LOCKPORT – A man who has two previous felony convictions in the past seven years was arraigned in Niagara County Court Friday on charges of trying to kill another man June 4.

Javon J. Ellison Sr., 25, of Hyde Park Boulevard, pleaded not guilty to an indictment charging him with attempted second-degree murder, first-degree assault and second-degree criminal possession of a weapon.

Assistant District Attorney Claudette S. Caldwell said Ellison had been out of prison for about six months and was on parole for his last felony, fourth-degree criminal possession of a controlled substance, when he allegedly shot Jermaine Lowe, 23, in the abdomen at 11th Street and Ontario Avenue in the Falls.

Ellison is being held in the County Jail as a parole violator, but County Judge Sara Sheldon Farkas set $100,000 bail for him in the new case. His criminal record also includes a 2007 weapons possession felony.

In another case before Farkas Friday, a plea offer was disclosed for a Falls man accused of impregnating an 11-year-old girl, and facing a life sentence if convicted as charged. A DNA test has confirmed his paternity, prosecutors say.

Jacky R. Berry, 52, of Niagara Avenue, was given two weeks to decide if he wants to admit to a Class C felony. Farkas said she would limit the sentence to 20 years in prison, to be followed by 20 years of post-release supervision, “thus assuring he’ll be supervised for the rest of his life.”

Berry, who is being held in lieu of $50,000 bail, already is a Level 3 sex offender, the most serious classification, because of a conviction for sexually abusing a 7-year-old girl in 1990.

He also was convicted of first-degree rape in 1980. He served prison sentences in both cases.

Also Friday, Gary Greenman, 66, of 23rd Street, Niagara Falls, pleaded not guilty to second-degree course of sexual conduct against a child.

Assistant District Attorney Robert A. Zucco said Greenman allegedly molested a girl under the age of 13 in the Falls between March 2013 and May of this year.

Greenman is free on a $10,000 bail bond.

A Level 1 sex offender was arraigned Friday on a charge of failing to register a change of address. The appearance of Robert J. Miller Jr. was delayed a week because both prosecutors and the Public Defender’s Office had wrong addresses for him.

Miller, 35, was picked up by police Thursday. Assistant Public Defender Michele G. Bergevin said he had been living on Fillmore Avenue in the City of Tonawanda for the past two months. The District Attorney’s Office listed Miller on Oliver Street in North Tonawanda, while the defense thought he might be living in Wheatfield.

This is the second time Miller has been charged with a felony for failing to inform police of a move. If convicted, he faces a maximum of seven years in prison. Farkas set bail at $5,000.