Penn Yan man gets 13-year sentence
ROCHESTER--James E. Sandford III, 29, of Penn Yan, who was convicted of possessing a stolen firearm, being a felon in possession of a firearm, and witness tampering, was sentenced to 156 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Brett Harvey, who handled the trial, stated the defendant was initially arraigned on a criminal complaint in the western district of New York June 4, 2015. Subsequent to his arrest on the federal charges, Sandford attempted to intimidate and threaten a suspected witness against him by shouting to that individual: "I'm not going to be in jail long. I will see you on the outside you snitch." The defendant made the statement with the intent to influence, delay or prevent the testimony of that suspected witness in the prosecution of the defendant.
Eventually, Sandford was charged in a superseding indictment which alleged he distributed synthetic cannabinoids (designer drugs) between July 2014 and March 24, 2015, in the Penn Yan area. He was further charged with distributing such substances--and controlled substance analogues, which are designed to mimic the effects of controlled substances--both to individuals under the age of 21 and within 1,000 feet of St. Michael School, a private elementary school in Penn Yan. In addition, the superseding indictment alleged that on Feb. 22, 2015, the defendant traded synthetic cannabinoids to a minor in exchange for a stolen Savage .410 double barrel shotgun. At the time, the defendant had two prior felony convictions preventing him from legally possessing a gun. Finally, the superseding indictment also charged him with witness tampering related to his statements to the suspected witness.
With the defendant contending that he did not know the substances he was distributing were illegal, the jury failed to reach a verdict on the drug charges against him. The jury did, however, convict him of the two firearms charges and the witness tampering charge against him.
Sandford is still facing re-trial on 11 drug charges. 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.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Office; the Penn Yan Police Department, under the direction of Chief Mark Hulse; the Yates County Sheriff's Department, under the direction of Ronald Spike; and the Yates County District Attorney's Office, under the direction of Todd Casella.