Motion for return of property doesn’t have intended result
A Buffalo man charged with burglary and aggravated assault may have told prosecutors more than he should have during a Tuesday hearing.
Laroy D. Hough, 38, was in court for a scheduled writ of habeas corpus hearing.
The incident occurred on August 13, 2016 at two residences on Pleasant Drive – 3326 and 3411 – as well as at 2581 Lenhart Rd.
While state police were responding to one address, a second call came from 3411 Pleasant Dr. where the resident “reported that their truck had just been stolen from their driveway.”
That resident followed the truck in a second truck and stopped his truck along the roadway “knowing that the accused had “fled down a one-way road and would have no choice but to turn around and come back towards” him.
The truck, driven by Hough, allegedly crashed off the side of the roadway as he approached the resident.
Hough and the resident, police said, “engaged in a brief physical altercation” which ended when Hough threw the victim to the ground.
Hough, police allege, “then jumped into the second truck and attempted to flee the scene. In doing so, he ran the leg (of the man) over, throwing his body forcefully to the ground, breaking his ribs and sternum and collapsing his lung.”
Judge Gregory Hammond said the hearing is essentially the same as a preliminary hearing to determine whether there is sufficient evidence to take the case to trial.
Hough’s attorney, Alan Conn, said he had some discrepancies with the testimony from a transcript made from the preliminary hearing and tried to re-call one of the victims for additional questioning.
Hammond rejected that idea.
Conn also raised issues with a few of the charges – questioning whether Hough’s alleged conduct met the criteria of those charges, including aggravated assault
After a brief arguments, Hammond rejected that motion.
While Hammond was walking out of the courtroom, Conn said that a motion for return of property had been filed.
Hammond advised Conn and Hough that direct testimony from Hough would be needed to determine the items were his. He also cautioned them that anything he said could be used in further proceedings against him.
After Hough and Conn spoke for a couple minutes, Hough took the stand.
He said that items found in a Jeep at the scene belonged to him, including a wallet with $176 in it, three packs of cigarettes and a cell phone.
Hough acknowledged that the Jeep was located at one of the victim’s homes and said that officers told him the items had been recovered.
He added that keys to his residence were found inside the first pick-up truck “I’m assuming.”
District Attorney Rob Greene asked if that truck was stolen.
“That is correct,” Hough said, claiming that he had seen a police evidence log.
“If they weren’t evidence before, they are now,” Greene said in closing, noting specifically that Hough’s keys were found in a stolen vehicle.
He called that “pretty good evidence” that the defendant was an occupant in that vehicle.
Asked for closing argument, Conn said “nothing further, your honor.”
“Clearly these amount to evidence,” Hammond said.
He then denied the motion and noted that these types of motions are usually filed after criminal charges are resolved.





