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Buffalo man arraigned for murder; former judge spared jail time

LITTLE VALLEY – A Buffalo man pleaded not guilty before Cattaraugus County Judge Ronald D. Ploetz Monday to charges in the death of a Great Valley man during a violent home invasion nearly four years ago.

Jason M. Ruth, 24, who is currently an inmate in Orleans Correctional Facility, where he is serving a four-year term for a Buffalo weapons conviction, was indicted three weeks ago in the slaying of Henry F. Ackley, 58, during a robbery in the victim’s home on Route 417 in Great Valley on Sept. 21. 2012.

District Attorney Lori Pettit Rieman said Ruth pleaded not guilty to second-degree murder and first-degree burglary and robbery. The indictment was the result of an investigation by the Cattaraugus County Sheriff’s Office and the district attorney’s office.

In other cases: • Hinsdale Town Justice Jennifer A. Witzigman, who now goes by the name of Jennifer A. Sullivan, was placed on probation for three years and ordered to perform 100 hours of community service on her guilty pleas in March to official misconduct and petit larceny for failing to properly keep track of court funds. An audit by the office of State Comptroller Thomas P. DiNapoli revealed that between January 2010 and September 2011, the court fund account was short $5,394. She resigned from the bench as a result of the audit.

• Michael R. Magnano, 81, of Allegany: granted a conditional discharge and ordered to make full restitution on his bad check conviction for the purchase of more than $50,000 in property in the City of Olean in May 2015.

• Ryan Skiver, 30, of Springville: sentenced to nine years in state prison and five years of post-release supervision on his conviction to second- and third-degree burglary, third-degree grand larceny and fifth-degree criminal possession of a controlled substance for a Town of Yorkshire break-in sometime between March 19, 2014 and April 15, 2014, and also or unlawfully growing marijuana.

• Rachel L. Schindler, 28, Perrysburg: sentenced to one-to-three years in state prison after being convicted of felony second-degree attempted assault. The crime occurred in Perrysburg on June 11, 2015.

• Shawn T. Metcalf, 32, Franklinville: sentenced to four months in state prison and five years of probation on his conviction for felony driving while intoxicated and second-degree aggravated unlicensed operation. Other conditions include a year’s suspension of his driver’s license and use of an ignition interlock device during the first year of probation. He was arrested in the Town of Yorkshire on Aug. 26 after his license had been suspended earlier..

• Steven Holt, 40, Olean: up to one year in Cattaraugus County Jail for felony third-degree attempted criminal possession of a controlled substance. The crime occurred in Olean on Nov. 18.

• Johnathan Wright, 32, Randolph: six months in county jail as part of five-year probation term for a violent fight in that town last Aug. 9 that led to his conviction for second-degree assault and second-degree harassment.

• David E. Mohr, 34, Cattaraugus: five years of probation, one-year license suspension and 240 hours of community serving for felony driving while intoxicated, with a blood-alcohol level of 0.24 percent. He was pulled over in the Town of New Albion on Jan. 1.

• Nichole L. Spinler, 30, Little Valley, was placed on probation for five years, had her driver’s license revoked for a year and was ordered to perform 120 hours of community service for her felony driving while intoxicated conviction for having a blood-alcohol level of 0.14 percent when she was pulled over in the Town of Randolph on May 22, 2014.

• Megan L. Shimburski, 27, Springville: probation for five years for felony tampering with evidence linked to a spring 2014 burglary in the Town of Yorkshire and for unlawfully growing marijuana.

• Andrew Estrada, 21, Gowanda: guilty plea to felony fifth-degree attempted criminal possession of a controlled substance and third-degree attempted criminal sale of a controlled substance for drug dealing in the Town of Persia on Jan. 27, 2015, and Village of Gowanda last Sept. 25.

• Michael Flynn, 17, Olean: guilty plead to third-degree burglary, a Town of Allegany house on Dec. 27. Sentencing is 22.

• Kevin Mylett, 41, Cattaraugus: waived grand jury action and pleaded guilty as charged to felony driving while intoxicated for being pulled over in the Town of Randolph March 13. Sentencing is Sept. 12.

• Matthew Shields, 34, Randolph: not guilty plea to an indictment charging him with felony counts of aggravated driving while intoxicated and moving from a lane unsafely for having a blood-alcohol level of 0.31 percent. He was pulled over in the Town of Leon Feb. 24.

• Shane M. Mason, 35, Olean: not guilty plea to an indictment charging him with felony counts of driving while intoxicated and aggravated driving while intoxicated; misdemeanor reckless driving, consumption of alcohol in a vehicle and unlicensed operation of a motor vehicle, with a blood-alcohol level of 0.27 percent. He was pulled over in the City of Olean on Feb. 19.

• Kristian P. Gordon-Smith, 30, Hinsdale: guilty plea to a felony count of failure to registered with the state Division of Criminal Justice Services’ sex registry within 10 days of his change of address in December 2015.

email: citydesk@buffnews.com