A Genesee County Grand Jury has indicted David M. Howard and accuses him of the crime of assault 2nd, a class D violent felony.
On or about May 19, 2018, in the Town of Pavilion, Howard did with intent, allegedly cause physical injury to a person who was 65 years of age or older, which caused injury to the person who was more than 10 years younger than Howard.
In count two of the indictment, Howard is accused of the crime of assault 3rd, a class A misdemeanor.
On or about May19, 2018, in the Town of Pavilion, Howard did allegedly recklessly cause physical injury to a person.
The Grand Jury also indicted Brett N. Magoffin, accusing him of the crime of driving while intoxicated, a class E felony.
On or about March 15, 2018, in the Town of Darien, Magoffin was allegedly operating a 2003 Chevy on Simonds road, a public highway, private road open to motor vehicle traffic or parking lot, as well a driveway in an intoxicated condition.
In count two of the indictment, Magoffin is accused of aggravated driving while intoxicated, class E felony.
On or about March 15, 2018, in the Town of Darien, Magoffin was allegedly operating a motor vehicle, a 2003 Chevy, on Simonds road, while he had .18% or more of alcohol in his blood as shown by a chemical analysis of his breath made pursuant to the provisions of section 1194 of the vehicle and traffic law.
Magoffin had a conviction for DWI/a misdemeanor, on March 31, 2015 and the conviction was within ten years previous to the current indictment.
The Grand Jury also indicted Larry Hubler, accusing him of the crime of driving while intoxicated, a class E felony.
On or about July 20, 2016, in the Town of Stafford, Hubler was allegedly operating a 2006 Chevy on East Main road, while in an intoxicated condition.
In count two of the indictment, Hubler is accused of driving while intoxicated per se, as a class E felony.
On or about July 20, 2016, in the Town of Stafford, Hubler was allegedly operating a 2006 Chevy on East Main road while he had a .08% or more of alcohol in his blood as shown by a chemical analysis of his breath made pursuant to the provisions of section 1194 of the Vehicle and traffic law.
Hubler had a conviction for DWI, a class E felony, on November 21, 2007 and the conviction was within ten years previous to the current indictment.