Erie County District Attorney

08/02/2021 | News release | Distributed by Public on 08/02/2021 10:44

Brothers Sentenced for Trespassing on Elma Property, Killing Three Fowl from Owner's Barn

Erie County District Attorney John J. Flynn announces that 21-year-old Aden D. Jimerson of East Aurora was sentenced this morning before State Supreme Court Justice Christopher J. Burns to 6 months in jail. The defendant was ordered to pay a $175 surcharge, $25 crime victims fee, and a $50 DNA fee.

His co-defendant, 24-year-old Austin M. Jimerson of East Aurora, was sentenced to 9 months in jail on June 2, 2021. He was also ordered to pay a $175 surcharge, $25 crime victims fee, and a $50 DNA fee.

The brothers admitted to trespassing on private property located on Hemstreet Road in the Town of Elma where they unlawfully entered a barn and stole two chickens and a duck on December 26, 2019. The animals were later found deceased by the owner.

Both defendants pleaded guilty to one count of Criminal Trespass in the Third Degree (Class 'B' misdemeanor) and one count of Overdriving, Torturing, and Injuring Animals (Unclassified Misdemeanor under the New York State Agriculture & Markets law) on November 20, 2020.

Justice Burns issued a final no-contact order of protection on behalf of the owner.

DA Flynn commends the Erie County Sheriff's Office for their work in the investigation.

The case was prosecuted by Assistant District Attorney Megan E. Mahoney of the Animal Cruelty Unit and Assistant District Attorney Rachel Kranitz McPhee of the Felony Trials Bureau.