Previously:
THE GRAND JURY OF THE COUNTY OF GENESEE, by this Indictment,
accuses the Defendants, JALEN I. BROWN and DEVANTE M. WELLS, of the
crime of GRAND LARCENY IN THE THIRD DEGREE, a class D felony, contrary
to Penal Law Section 155.35(1), in that they, the said JALEN I. BROWN and
DEVANTE M. WELLS, on or about the 24th day of June, 2023, while at Dick’s
Sporting Goods, located at 4180 Veterans Memorial Drive, in the Town of
Batavia, County of Genesee, State of New York, did steal property having a
value in excess of three thousand dollars.
COUNT TWO:
AND THE GRAND JURY OF AFORESAID, by this Indictment, further
accuses the Defendants, JALEN I. BROWN and DEVANTE M. WELLS, of the
crime of CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH
DEGREE, a class E felony, contrary to Penal Law Section 165.45(5), in that
they, the said JALEN I. BROWN and DEVANTE M. WELLS, on or about the
24th day of June, 2023, in the Town of Batavia, County of Genesee, State of
New York, did knowingly possess stolen property, with intent to benefit themselves or a person other than the owner thereof or to impede the recovery by an owner thereof, when the value of the property exceeded one hundred dollars and the property consisted of a motor vehicle, as defined in
section one hundred twenty-five of the vehicle and traffic law, other than a
motorcycle, as defined in section one hundred twenty-three of such law, to
wit: a 2005 Buick.
COUNT THREE:
AND THE GRAND JURY OF AFORESAID, by this Indictment, further
accuses the Defendants, JALEN I. BROWN and DEVANTE M. WELLS, of the
crime of CONSPIRACY IN THE FIFTH DEGREE, a class A misdemeanor,
contrary to Penal Law Section 105.05(1), in that they, the said JALEN I.
BROWN and DEVANTE M. WELLS, on or about the 24th day of June, 2023, in
the Town of Batavia, County of Genesee, State of New York, with intent that
conduct constituting a felony be performed, to wit: Grand Larceny in the
Third Degree, agreed with one or more persons to engage in or cause the
performance of such conduct.
COUNT FOUR
AND THE GRAND JURY OF AFORESAID, by this Indictment, further
accuses the Defendants, JALEN I. BROWN and DEVANTE M. WELLS, of the
crime of UNAUTHORIZED USE OF A MOTOR VEHICLE IN THE FIRST DEGREE, a class D felony, contrary to Penal Law Section 165.08, in the Town of Batavia, County of Genesee, State of New York, in that they, the said JALEN I. BROWN and DEVANTE M. WELLS, on or about the 24th day of June, 2023,
knowing that they did not have the consent of the owner, took, operated,
exercised control over, rode in or otherwise used a vehicle with the intent to
use the same in the course of or commission of a class A, B, C or D felony or
in the immediate flight therefrom, to wit: a 2005 Buick.
COUNT FIVE:
AND THE GRAND JURY OF AFORESAID, by this Indictment, further
accuses the Defendants, JALEN I. BROWN and DEVANTE M. WELLS, of the
crime of GRAND LARCENY IN THE FOURTH DEGREE, a class E felony,
contrary to Penal Law Section 155.30(8), in that they, the said JALEN I.
BROWN and DEVANTE M. WELLS, on or about the 24th day of June, 2023, in
the Town of Alabama, County of Genesee, State of New York, did steal
property consisting of a motor vehicle, to wit: a 2023 Volkswagen valued at
more than one hundred dollars.
COUNT SIX:
AND THE GRAND JURY OF AFORESAID, by this Indictment, further
accuses the Defendants, JALEN I. BROWN and DEVANTE M. WELLS, of the
crime of UNAUTHORIZED USE OF A MOTOR VEHICLE IN THE FIRST DEGREE,
a class D felony, contrary to Penal Law Section 165.08, in the Town of
Alabama, County Of Genesee, State of New York, in that they, the said
JALEN I. BROWN and DEVANTE M. WELLS, on or about the 24th day of June,
2023, knowing that they did not have the consent of the owner, took, operated, exercised control over, rode in or otherwise used a vehicle with the intent to use the same in the course of or commission of a class A, B, C or D felony or in the immediate flight therefrom, to wit: a 2023 Volkswagen.
COUNT SEVEN:
AND THE GRAND JURY OF AFORESAID, by this Indictment, further
accuses the Defendant, JALEN I. BROWN, of the crime of DRIVING WHILE
ABILITY IMPAIRED BY DRUGS, as a misdemeanor, contrary to Penal Law
Section 1192-4, in that he, the said JALEN I. BROWN, on or about the 24th
day Of June, 2023, in the Town of Alabama, County of Genesee, State of
New York, did operate a motor vehicle, to wit: a 2023 Volkswagen, bearing
New York State License Plate No. ——, on New York State Route 63, a
public highway, while his ability was impaired by the use Of a drug.
COUNT EIGHT:
AND THE GRAND JURY OF AFORESAID, by this Indictment, further
accuses the Defendant, JALEN I. BROWN, of the crime of RECKLESS
ENDANGERMENT IN THE FIRST DEGREE, a class D felony, contrary to Penal
Law Section 120.25, in that he, the said JALEN I. BROWN, on or about the
24th day Of June, 2023, in the City of Batavia, County of Genesee, State of
New York, under circumstances evincing a depraved indifference to human life, recklessly engaged in conduct which created a grave risk of death to another person.
COUNT NINE:
AND THE GRAND JURY OF AFORESAID, by this Indictment, further
accuses the Defendant, JALEN I. BROWN, of the crime of CRIMINAL
MISCHIEF IN THE SECOND DEGREE, a class D felony, contrary to Penal Law
Section 145.10, in that he, the said JALEN I. BROWN, on or about the 24th
day of June, 2023, in the City of Batavia, County of Genesee, State of New
York, with intent to damage property of another person, and having no right
to do so nor any reasonable ground to believe that he had such right, he
damaged property of another person in an amount exceeding one thousand
five hundred dollars, to wit: a Genesee County Sheriff’s Patrol vehicle.
COUNT TEN:
AND THE GRAND JURY OF AFORESAID, by this Indictment, further
accuses the Defendant, JALEN I. BROWN, of the crime of CRIMINAL
MISCHIEF IN THE SECOND DEGREE, a class D felony, contrary to Penal Law
Section 145.10, in that he, the said JALEN I. BROWN, on or about the 24th
day of June, 2023, in the City of Batavia, County of Genesee, State of New
York, with intent to damage property of another person, and having no right
to do so nor any reasonable ground to believe that he had such right, he
damaged property Of another person in an amount exceeding one thousand
five hundred dollars, to wit: a 2023 Volkswagen.
COUNT ELEVEN:
AND THE GRAND JURY OF AFORESAID, by this Indictment, further
accuses the Defendant, JALEN I. BROWN, of the crime of RECKLESS
DRIVING, as a misdemeanor, contrary to Vehicle and Traffic Law Section
1212, in that he, the said JALEN I. BROWN, on or about the 24th day of June,
2023, in the Town of Oakfield, County Of Genesee, State of New York, did
operate a motor vehicle, to wit: a 2023 Volkswagen, bearing New York State
License Plate No. ——-, on New York State Route 63, in a manner which
unreasonably interfered with the free and proper use of a public highway,
road, street or avenue or unreasonably endangered users of a public
highway.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.