Daniel Wolfe, 45, of Batavia, has been held without bail at the Genesee County Jail since his surrender to police last Tuesday morning.
Wolfe is charged with criminal contempt 1st, two counts of criminal possession of a weapon 3rd, menacing 2nd, and harassment 2nd after a 20 hour stand off with police at 209 Liberty street last Monday.
Today he appeared with Public Defender Jerry Ader for a bail hearing which was held in Genesee County Court as Wolfe has two prior felony convictions from 2012 and a lower court judge cannot set bail in those cases.
During the hearing, First Assistant District Attorney Melissa Cianfrini told the court that Wolfe poses a risk of flight as he disobeyed numerous commands by police to come outside during a 20 hour standoff.
Cianfrini told the court that Wolfe possessed multiple knives, a sword, which he threatened the victim with, he also tried to stab a Police K9 during the incident. He also shot at police with a BB gun and made a reference during the stand off to having .223 caliber ammunition which can be used in large-capacity clips on military-style weapons.
Wolfe also violated an order of protection while in jail by calling the victim of the order twice. He is now facing a new criminal contempt 1st charge.
Cianfrini also stressed that Wolfe suffers from mental health and drug abuse issues and has no where to go as the house where he was living is now being sold by the landlord.
Wolfe also has one failure to appear and two probation revocations in his past.
Cianfrini asked the Judge for $25,000 cash bail and $50,000 bond bail.
Public Defender Jerry Ader told the court they must take into account his ability to make bail.
“My client was and is trying to do the best for his 3 year old child. The bail is excessive in this case. We are asking for $5,000 bond bail.”
Currently Wolfe is not employed and owns no property.
Judge Charles Zambito then questioned Ader as to where Wolfe would live and if there was anyone to lend him the money to post bail. Judge Zambito also asked when was the last time he was in Alaska.
According to Ader, Wolfe’s father lives in Orleans County and his half brother lives in Alaska. The last time he lived there was in 2012.
According to Judge Zambito, the new contempt charge is an eligible offense.
Factors also considered were that Wolfe possessed weapons, was in a 20 hour standoff with police, has mental health issues along with drug abuse issues and has contacts out of state.
Judge Zambito then set bail at $10,000 cash, $25,000 unsecured bond and $50,000 partially secured bond.
Because of the new contempt charge for violating the order of protection and calling the victim from jail, Wolfe can now be held on bail.
“Under the new law, we can only set bail on qualifying offenses and had we not had an order of protection allegedly violated, we would not have been able to get bail on this case,” says Cianfrini.
Cianfrini says because the top charge is a criminal possession of a weapon charge, a class D violent felony, and the charge is based on a prior conviction, they are not permitted to seek bail on that top charge.
“That’s the problem and concern with this new law, is that a situation like this people will not have bail set on them.”
Cianfrini says under the new law they will not be able to consider such factors as whether there is family in the area, whether he has a residence here or the strength of the case.
“He is a significant flight risk because of his inability to comply with police instructions over a 20 hour period, plus combined with the fact that he allegedly violated the court order of protection again after arrest which shows an increase risk of flight.”
Wolfe’s case will either now go back to City Court until Grand Jury hears the case or get transferred to Integrated Domestic Violence part , which Judge Zambito also presides over.