Erie County's district attorney found a loophole in the state's new bail reform law that will help keep three burglary suspects in custody on attempted second-degree burglary charges.
The state's new bail reform – which took effect Jan. 1 – is supposed to eliminate pretrial detention and the imposition of cash bail for many nonviolent crimes.
A spokeswoman for the District Attorney's Office said that while second-degree burglary is a nonqualifying offense in terms of setting bail, second-degree attempted burglary is not on the list.
The three Chilean nationals who are being held on bail were arraigned on several felony charges Tuesday in Amherst Town Court in connection with a string of recent burglaries in East Amherst, according to the District Attorney's Office.
Christian Antonio Rodriguez Gonzalez, 35, Itan Jadiel, aka Hector Rene, 36, and Angelica Marie Rivera Perez, 27, arrested Saturday, were each arraigned before Amherst Town Justice Kara A. Buscaglia on the following charges: Four counts of second-degree burglary; attempted burglary in the second degree; two counts of third-degree criminal possession of stolen property and third-degree grand larceny.
The three also were arraigned on two counts of fourth-degree grand larceny, five counts of criminal mischief in the third degree and one count of possession of burglar tools, a misdemeanor.
Prosecutors said that between Jan. 19 and Jan. 25, Gonzalez, Jadiel and Rivera Perez broke into several homes. They were later found in possession of stolen items, including a safe, purses, jewelry and cash, prosecutors said.