Erie County District Attorney John J. Flynn announces that 48-year-old Carmilla L. Smith of Buffalo was arraigned yesterday afternoon before State Supreme Court Justice Paul B. Wojtaszek on an indictment charging her with the following offenses:
- Two counts of Robbery in the Second Degree (Class “C” violent felonies)
- One count of Strangulation in the Second Degree (Class “D” felony)
- One count of Unlawful Imprisonment in the First Degree (Class “E” felony)
- One count of Criminal Possession of a Weapon in the Fourth Degree (Class “A” misdemeanor)
It is alleged that on November 9, 2022, at approximately 2:00 p.m., the defendant, while acting in concert with co-defendant Calvin Pettiway, forcibly stole a customer’s cell phone and $120 in cash from her purse. The defendants also allegedly scanned the victim’s credit card during the incident.
The alleged crime occurred inside of a store, owned by both defendants, on the 800 block of Millersport Highway in the Town of Amherst. During the incident, the defendants allegedly accused the victim of previously stealing merchandise and locked her victim inside of the shop, which prevented her from leaving.
It is further alleged that defendant Smith choked the victim. Defendant Smith is also accused of being in possession of an unloaded shotgun during the alleged crime.
If convicted of the highest charge, Smith faces a maximum sentence of 15 years in prison.
Her son and co-defendant, 32-year-old Calvin D. Pettiway of Kenmore, was also arraigned yesterday afternoon before Judge Wojtaszek on an indictment charging him with the following offenses:
- One count of Robbery in the First Degree (Class “B” violent felony)
- Two counts of Robbery in the Second Degree (Class “C” violent felonies)
- One count of Unlawful Imprisonment in the First Degree (Class “E” felony)
It is alleged that on April 3, 2022, defendant Pettiway was working inside the store when he forcibly stole property from another customer while displaying a weapon. The defendant allegedly accused the victims of previously stealing merchandise from the store. The defendant allegedly pointed a shotgun at the male victim and scanned the victim’s credit card for $200.
If convicted of the highest charge, Pettiway faces a maximum sentence of 25 years in prison.
Pettiway and Smith are scheduled to return on Friday, March 24, 2023 at 10:00 a.m. for a pre-trial conference. Prosecutors requested that bail be set at $50,000. Judge Wojtaszek set bail at $5,000 cash, bond or partially secured surety bond.
DA Flynn commends the Amherst Police Department for their work in this investigation.
The case is being prosecuted by Assistant District Attorney Nicholas C. Bussi of the Felony Trials Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.