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Buffalo man sentenced for dealing crack

A Buffalo, N.Y. man who led police – and K9 Choper – on a chase back in 2017 received a state prison sentence on Friday for dealing crack cocaine.

Demario T. Chatmon, 41, was sentenced on charges possession with intent to deliver, resisting arrest and fleeing or attempting to elude police officers by President Judge Maureen Skerda on Friday.

According to the affidavit of probable cause, investigators received information that Chatmon “would be delivering approximately half an ounce of crack cocaine to a known subject in the area of the Warren Mall” on Jan. 5, 2017

Just three minutes after arriving, “investigators observed (Chatmon) leaving the area in his vehicle and attempted to initiate a traffic stop in the mall parking lot.”

Police explain in the affidavit that Chatmon then fled toward the theater at the mall, where a second law enforcement vehicle attempted to stop him.

After causing a minor collision between Chatmon’s vehicle and one of the law enforcement vehicles.

Chatmon then tried to flee on foot.

K9 Choper chased him across Rt. 62 from the mall toward the Red Carpet Inn, and into the weeds where he was ultimately apprehended after Chatmon refused to stop at gunpoint.

Chatmon has been in the county jail for 814 days.

Chatmon’s attorney, Elizabeth Feronti, noted he has “spent a long time in our jail” and does not have a single misconduct during that period. She noted her client is a dealer, not a user and “understands he is looking at a lengthy sentence.”

She then made a unique request – that Chatmon not be given credit for all that time served.

Explaining that Chatmon is facing federal charges to which he will plea next week and will head to federal prison in the next couple days, Feronti said that the federal system is willing to give him credit for time served for his time in the Warren County Jail.

Skerda said she would like documentation from the federal system that they will grant the time served. The sentence she handed down included time served but Skerda told Feronti she could file a motion to reconsider the sentence on that issue.

Citing his classwork completed in the jail, Skerda said: “You seem to get it” and have “taken incarceration seriously…. You have learned something….”

She sentenced Chatmon to 24 to 48 months incarceration in state prison, $1,625 in fines and fees, a drug and alcohol evaluation and compliance with recommendations and submission of a DNA sample on a count of possession with intent to deliver.

He gave Chatmon credit credit for 730 days time served would make him eligible for immediate parole at that charge. He is recidivism risk reduction incentive eligible but not boot camp eligible.

On a count of resisting arrest, he was sentenced to three to 12 months in state prison with credit for 84 days time served.

Skerda said a count of fleeing or attempting to elude police officer would merge for sentencing purposes.

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