Erie County District Attorney John J. Flynn announces that 36-year-old Jason L. Tyus of Buffalo pleaded guilty yesterday afternoon before Erie County Court Judge Sheila A. DiTullio to two counts of Burglary in the Third Degree (Class “D” felonies). The defendant pleaded guilty to all counts in the indictment against him.

During the early morning hours of Sunday, July 31, 2022, the defendant, with the intent to commit a crime, unlawfully entered a pizzeria, located on the 1400 block of Kensington Avenue in the City of Buffalo, by breaking a front window. In addition to causing damage to the building, the defendant damaged the cash register and stole an undetermined amount of cash.

A short time later the same morning, the defendant unlawfully entered a gas station convenience store, located on the 1400 block of Kensington Avenue in the City of Buffalo, by breaking windows. In addition to causing damage to the building, the defendant stole a cash register that contained an undetermined sum of cash. Buffalo Police found the damaged cash register nearby in a parking lot on Hewitt Avenue.

Tyus faces a maxim of 7 years in prison when he is sentenced as a second felony offender on Friday, March 10, 2023 at 11:00 a.m. He was held without bail.

The defendant committed these crimes while pending sentence in diversion court. He pleaded guilty to the highest charge in five separate burglaries that he committed in the City of Buffalo and Town of Cheektowaga last year.

On February 12, 2022, at approximately 3:30 a.m., the defendant unlawfully entered a pizzeria on the 1500 block of East Delavan Avenue in the Town of Cheektowaga with the intent to commit a crime by breaking the front door glass with a hammer. The defendant was linked to the crime through video surveillance and a witness description.

On February 12, 2022, the defendant unlawfully entered a second business on the 1500 block East Delavan Avenue in the Town of Cheektowaga with the intent to commit a crime. The defendant was linked to the crime through video surveillance.

Tyus was arrested and arraigned before Cheektowaga Town Court Justice James J. Speyer, Jr. on February 12, 2022. He was released on his own recognizance and scheduled to return to Court on April 8, 2022.

On March 9, 2022, at approximately 1:02 a.m., the defendant unlawfully entered a deli on the 1000 block of Kensington Avenue in the City of Buffalo with the intent to commit a crime by breaking a front window. The defendant was linked to the crime through video surveillance.

The defendant was arrested and arraigned before Buffalo City Court Judge Carrie Phillips on March 9, 2022. The defendant was released on his own recognizance and scheduled to return for a bail hearing the following day. A bench warrant was issued on March 14, 2022 after the defendant failed to appear for the bail hearing.

On April 8, 2022, at approximately 5:54 p.m., the defendant unlawfully entered the same deli on the 1000 block of Kensington Avenue with the intent to commit a crime by breaking a side door and climbing through a wall to gain access to the building. The defendant was linked to the crime through video surveillance.

The defendant was arraigned before Buffalo City Court Judge Shannon Heneghan on April 9, 2022. Bail was set at $5,000 cash, bond or partially secured bond. He was scheduled to return on April 13, 2022.  

Bail was also set in the March burglary case at $5,000 cash, property or partially secured bond when the defendant was returned to Buffalo City Court on April 9, 2022.

The defendant was indicted for the four burglaries as well as an additional burglary. On February 10, 2022, at approximately 10:57 p.m., the defendant unlawfully entered a flower shop on the 1200 block of East Delavan Avenue in the City of Buffalo with the intent to commit a crime by breaking the front window. The defendant was linked to the crime through video surveillance.

Tyus was arraigned before Judge Eagan on an indictment charging him with five counts of Burglary in the Third Degree (Class “D” felonies) on May 16, 2022. He was held without bail following the arraignment on the indictment.

Over objection by prosecutors, the case was transferred to Buffalo City Court Judge Barbara Johnson-Lee for mental health court. Tyus pleaded guilty, as charged to five counts of Burglary in the Third Degree (Class “D” felonies) before Judge Johnson-Lee on June 28, 2022. The defendant was released to undergo mental health treatment while pending sentence in diversion court. If he had successfully completed the program, the defendant was eligible to withdraw his plea and plead guilty to reduced charges.

A return date on the defendant’s pending cases in Mental Health Court has not been scheduled at this time.

All of the cases are being prosecuted by Assistant District Attorney David M. Zak of the Felony Trials Bureau.