STATE OF NEW YORK TOWN OF GATES COUNTY OF MONROE JUSTICE COURT THE PEOPLE OF THE STATE OF NEW YORK against ACCUSATORY INSTRUMENT Brian Saez (d0b10/11/91) FELONY COMPLAINT Investigator S.M. O?Mara, employed at 1605 Buffalo Road the Gates Police Department, by this information makes written accusation as follows: That Brain Saez on the 7th day of February, 2018, at 7 Marway Drive in the Town of Gates, County of Monroe, State of New York, at approximately 2:43 PM, did commit the offense of CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE and CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE, felonies in violation of Sections 220.39(1) and 220.16(1) respectively of the Penal Law ofthe State of New York, in that he did, at the aforesaid date, time and place: COUNT ONE: CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE COUNT TWO: CRIMINAL POSSESSION OF CONTROLLED SUBSTANCE IN THE THIRD DEGREE The facts upon which this felony complaint is based are as follows: COUNT ONE: That the said defendant, at the aforesaid date, time and place, did knowingly and unlawfully sell a narcotic drug. COUNT TWO: That the said defendant, at the aforesaid date, time and place, did knowingly and unlawfully possess a narcotic drug with the intent to sell it. T0 WIT (counts one and two): The defendant did engage in text messaging with an undercover officer at the Gates Police Department regarding the sale of heroin in exchange for US currency. The defendant, after agreeing to meet the undercover officer for the purpose of selling heroin, was subsequently detained after a traffic Stop on Marway Drive and was found to be in possession of 26 individually packaged plastic bags containing a powdery substance that tested positive for heroin. The defendant had agreed to sell the undercover officer 26 bags of heroin in exchange for $120.00 in US currency. The foregoing factual allegations are based upon personal knowledge (and upon information and belief, the sources of the complainant's information and belief being, an investigation by the Gates Police Department, a Supporting Deposition from Officer D. Kaiser and a post Miranda voluntary recorded confession by the defendant). Wherefore, Complainant prays that Brian Saez be dealt with pursuant to law. VERIFICATION BY SUBSCRIPTION AND NOTICE - PENAL LAW 210.45 It is a crime, in the State of New York, for a peison, incand by a written instrument, to make a statement that is false or that such person does not believe to be trueDate JK Complainant STATE OF NEW YORK TOWN OF GATES COUNTY OF MONROE JUSTICE COURT THE PEOPLE OF THE STATE OF NEW YORK against ACCUSATORY INSTRUMENT Brian Saez (dob10/11/91) FELONY COMPLAINT I, Investigator S.M. O?Mara, employed at 1605 Buffalo Road the Gates Police Department, by this information makes written accusation as follows: That Brain Saez on the 25th day of January, 2018, at 272 Lettington Avenue in the Town of Gates, County of Monroe, State of New York, between 12:55 pm and 4:04 pm, did commit the offense Criminally Negligent Homicide, a Felony. in violation of Section 125.10 of the Penal Law of the State of New York, in that he did, at the aforesaid date, time and place: COUNT ONE: CRIMINALLY NEGLIGENT HOMICIDE A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person. To wit: On January 25, 2018, at about 12:56 pm at 128 N. Clinton Avenue in the City of Rochester, NY, defendant Brian Saez did sell Sean Vaninderstine multiple bags of heroin. On January 2511?, 2018 at 4:04 pm Sean Vaniderstine did overdose on heroin causing his death. Brian Saez did act with criminal negligence by selling Sean Vaniderstine multiple bags of heroin that caused his death. A reasonable person would have perceived that buying and using the heroin would create a substantial and unjustifiable risk of death. Selling the heroin to Sean Vaniderstine was a gross deviation from the standard of care that a reasonable person would have used. By Sean Vaniderstine buying multiple bags of heroin from the defendant it was reasonable and foreseeable that he would use them and it was reasonable and foreseeable that he would overdose and that such overdose would cause his death. The foregoing factual allegations are based upon personal knowledge and upon information and belief, the sources of the complainant's information and belief being an investigation by the Gates Police Department and a cursory search of the victim?s cellular phone and review of text messaging between the victim and Saez, and a post Miranda voluntary recorded confession by the defendant. Wherefore, Complainant prays that Brian Saez be dealt with pursuant to law. VERIFICATION BY SUBSCRIPTION AND NOTICE PENAL LAW 210.45 It is a crime, in the State of New York, for a person, in and by a written instrument, to make a statement that is false or that such person does not/bEli-eve to be true. i {(6)2448th 212016) Date 3 diff-lit Complainant w: Uuiumifi? 5352475328 09:24:40a.m. 01?30?2018 25 STA TE OF NEW YORK ORIGINAJ TOWN OF GATES COUNTY OF MONROE -- JUSTICE COURT THE PEOPLE OF THE STATE OF NEW YORK against ACCUSA TORY INSTRUMENT Darnel Tillmon DOB 03-13-83 FELONY COMPLAINT Officer Daly, employed at 1605 Buffalo Road - the Gates Police Department, by this information makes written accusation as follows: That Darnel Tillmon on the 29th day of January, 2018, at 272 Lettington Ave in the Town of Gates, County of Monroe, State of New York, at approximately 4:43 PM, did commit the offense of CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE and CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE, felonies in violation of Sections 220.39 and 220.160) respectively of the Penal Law of the State of New York, in that he did, at the aforesaid date, time and place: COUNT ONE: CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE COUNT TWO: CRIMINAL POSSESSION OF CONTROLLED SUBSTANCE IN THE THIRD DEGREE The facts upon which this felony complaint is based are as follows: COUNT ONE: That the said defendant, at the aforesaid date, time and place, did knowingly and unlawfully sell a narcotic drug. T0 WIT: The defendant did agree to sell Sean Vaniderstine one bundle of heroin. COUNT TWO: That the said defendant, at the aforesaid date, time and place, did knowingly and unlawfully possess a narcotic drug with the intent to sell it. T0 WIT: The defendant was in possession of one bundle of heroin for the purpose of selling the heroin. The foregoing factual allegations are based upon personal knowledge (and upon information and belief, the sources of the complainant's information and belief being, an investigation by the Gates Police Department and the results of a drug field test which was performed on the suspected cocaine and tested positive for the presence of the cocaine). Wherefore, Complainant prays that Darnel Tillmon be dealt with pursuant to law. VERIFICATION BY SUBSCRIPTION AND NOTICE - PENAL LAW 210.45 It is a crime, in the State of New York, for a person, in and by a written instrument, to make a statement that is false or that such person does not believe to be true.