Jonathan Young

The Fourth Department Appellate Division in Rochester on Friday dismissed a 25-count indictment against a Jamestown-area man accused of setting more than a dozen fires in 2017.

The unanimous ruling in favor of Jonathan Young was part of an appeal made by the Chautauqua County District Attorney’s Office in December over statements that were ruled inadmissible by County Court Judge David Foley. The DA’s office had been hoping the justices in Rochester would allow Young’s own words told to investigators to be heard in court when his case went to trial.

The statements used to get the indictment in Chautauqua County were gathered after Young had traveled to Butler, Pa., following a rash of fires that broke out in the Jamestown area. Young was jailed in Pennsylvania after reportedly starting a fire in Slippery Rock Township; he was arraigned in Butler County Court on March 28, 2017, at which time he requested an attorney.

On April 4, 2017, members of the Jamestown Police Department traveled to Butler County to look into Young’s connection to the series of fires in New York. While Jamestown police did not interview Young in Butler, they did observed while troopers with the Pennsylvania State Police conducted the interrogation.

During their questioning, handled without Young’s attorney present, the troopers reportedly asked Young about the New York fires.

“Contrary to the People’s contention, we conclude that the Pennsylvania State Troopers improperly interrogated (Young) about the New York offenses in violation of his indelible right to counsel,” the justices wrote in their decision. “It is well settled that ‘once a defendant in custody on a particular matter is represented by or requests counsel, custodial interrogation on any subject, whether related or unrelated to the charge upon which representation is sought or obtained, must cease.'”

Young was released Friday from Chautauqua County Jail, where he had been housed following arraignment in August 2018. He has been represented by Ned Barone, Chautauqua County public defender.

“I think we weren’t necessarily surprised,” Barone told The Post-Journal. “Without question we were convinced that Judge Foley was 100% correct. We had confidence in the Appellate Division.”

Barone said efforts by the Jamestown Police Department to obtain information into the local fires by having Pennsylvania troopers conduct the interview was akin to a “Trojan horse.”

“This is great news,” he continued. “He was released a free man. The police department and DA’s office made every effort to try and argue they were correct. The court ruled you can’t infringe on those fundamental rights. They made an end-run on those fundamental rights.”

Chautauqua County District Attorney Patrick Swanson said he will be reviewing his options regarding the decision.

“We obviously just received this,” he said. “We’re going to take a look at it and see if there is anything we can do. … We expected that the court would be siding with us.”

Swanson said he doesn’t see any fault in the way Jamestown police handled its investigation, including how the statements were obtained.

“This created situations that don’t happen that much,” he said. “We’re going to be looking into our options.”

Young has been accused of setting more than a dozen fires in Jamestown and Falconer between March 2 and March 25 in 2017. He had been indicted on two counts of second-degree arson, 11 counts of third-degree arson, one count of fifth-degree arson and 11 counts of second-degree criminal mischief.

The most serious charge, second-degree arson, carries a sentence of up to 25 years in prison.

Targets locally included an occupied apartment at 621 E. Sixth St. on March 2, 2017; a vacant apartment at the same location later that same day; an abandoned home at 2840 Woodlawn Ave. on March 6, 2017; an abandoned garage at the same location on March 12, 2017; a condemned home at 441 Winsor St. on March 22, 2017; and an occupied building at 29 to 39 W. Main St. in Falconer on March 22, 2017.

Also targeted was a condemned apartment at 621 E. Sixth St. on March 23, 2017; a condemned home at 650 E. Sixth St. on March 24, 2017; a condemned home at 220 Crossman St.; a debris pile near a home at 30 W. 11th St.; a condemned home at 22 W. 11th St.; and a condemned home at 33 W. 10th St., all on March 25, 2017.

Prior to appearing in Chautauqua County, Young pleaded guilty to an arson charge in Butler County. In Warren County, Young was sentenced to 39 to 78 days in jail after pleading guilty to felony theft by unlawful taking, movable property and misdemeanor loitering and prowling at night.