Jason Schmidt Blasts Acting DA Swanson on Jamestown Double-Homicide Case

The Republican challenger for Chautauqua County District Attorney is blasting Democratic candidate Patrick Swanson for Swanson's handling of last December's double-homicide in the City of Jamestown. Fredonia-area attorney Jason Schmidt says the decision to move forward with prosecuting the case as a double manslaughter case sets a "dangerous precedent." Schmidt says it's not Swanson's place to determine an "affirmative defense" for defendant Allen Witruke...

Jason Schmidt: Swanson played the role of defense attorney

Swanson recently got the indictment against Witruke from a Chautauqua County Grand Jury. However, Schmidt believes he would have gotten an indictment for 2nd-degree murder in the case. He adds that Swanson has now denied a jury the opportunity to consider murder charges. Schmidt was also critical of the fact it took Swanson six months to get the case through the Grand Jury process, and that he should not have "reduced" the charges before the Jamestown Police Department's continuing investigation has ended.

Acting Chautauqua County DA Patrick Swanson says after carefully analyzing the Witruke double-homicide case, he felt they could not sustain 2nd-degree murder charges. Swanson says immediately following the homicide in Jamestown, his predecessor, David Foley, met with Public Defender Ned Barone before the preliminary hearing to adjourn the matter. He says that was to allow a "forensic psychological evaluation" of the suspect. Swanson says the experts on each side agreed with each other...

Patrick Swanson: could not indict on murder charges

Swanson says the District Attorney, in such cases, must seek "justice and truth." He says they are expressly forbidden from prosecutorial "overreach." He adds that in the manslaughter instance, Witruke could still spend 8 to 25 years in state prison. Schmidt argued that Witruke could wind up being freed after as little as five years in prison. However, Swanson says his opponent only has "limited knowledge" of the actual case.

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