(April 2025 file photo)
Henry Banks and his attorney Steven Cohen appeared in Genesee County Court on Monday afternoon for a status update from Judge Melissa Lightcap Cianfrini in his case.
Judge Lightcap Cianfrini advised Banks and his attorney that the request to dismiss the indictment has been denied, as well as the order to interview witnesses in the case. The Judge told Cohen that an order directing the examination of a witness conditionally must be based on reasonable cause, of which there is none.
“I’m happy that the Judge didn’t dismiss the manslaughter charges that she found enough evidence to keep it when they tried to get it dismissed last court date,” says Tiffany Wright, a former foster Mom to Javarius Gus Williams, 10, who died in the Vine Street fire in February.
“I’m not happy with the plea agreement but going forward we’ll see if he ends up taking it, or we take it to trial. ”
Cohen says that Judge Lightcap Cianfrini’s reading of the law is technically accurate.
Cohen was looking to conduct depositions with landlord Duane Preston, who is also a member of the City of Batavia Planning Board Committee, members of the Batavia Police Department and the City of Batavia Fire Department investigators, who all declined the interviews and told Cohen to contact City of Batavia Attorney, George Van Nest. According to Cohen, Van Nest told Cohen they are allowed to speak to him.
“She denied me the right to depose Mr. Preston because the statute does not give me a clear right take his pre-trial deposition. While I’m disappointed in the court’s ruling, I’m not critical of the court’s ruling in that regard and I will not be appealing that ruling because there is no legitimate basis to do so,” says Cohen.
However, Cohen says the court’s upholding of the indictment is something that he is preserving the right to appeal.
“This case is not a homicide; it was not the actions or inactions on the part of Henry. This was a pure accident as the fire department stated in its report. I’m concerned that perhaps prosecuting Mr. Banks does take the spotlight off of the landlord who rented this out as a four-bedroom unit, when according to the city it is a three-bedroom unit. There is no circuits breaker box that controls the upstairs as is required. There is no meter that controls the electricity as is required under code. This case disturbs me very much.”
Banks, 55, of Batavia, was arrested on a sealed indictment warrant on charges of Criminally Negligent Homicide, a class E felony, and three counts of Endangering the Welfare of a Child, a class A misdemeanor on April 4th, 2025. Banks was arraigned in Genesee County Court and originally held on $25,000 cash bail, $50,000 bond bail and $75,000 equity bail. He is currently out on bond bail.
A plea offer of one count of criminally negligent homicide and one count of endangering the welfare of a child was rejected by Banks. The plea offer would include interim supervision for one year on the criminally negligent homicide charge. If he was successful on completing his interim supervision, he could withdraw his plea to the homicide charge and then continue to be sentenced on the misdemeanor endangering charge, possibly facing a one year in jail. If Banks were to violate his interim supervision, he could face up to 1 1/3 to 4 years in prison.
Banks has until the next court appearance, October 7th at 3:00p.m. to accept the plea offer. Pre-trial motions are also set for October 7th. The trial is scheduled from December 5th-December 16th. Two days are carved out for jury selection and six days for trial.
Previously:
GENESEE COUNTY/The People are ready for trial in the case against Henry Banks – Video News Service
BATAVIA/Arrest made in February fire that claimed the life of a 10-year-old boy – Video News Service