Erie County District Attorney John J. Flynn announces that 32-year-old Calvin D. Pettiway of Kenmore was arraigned on Thursday morning before Amherst Town Court Justice Geoffrey K. Klein on two counts of Robbery in the Second Degree (Class “C” felonies) and one count of Unlawful Imprisonment in the Second 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 Carmilla L. Smith, forcibly stole the victim’s cell phone and $120 in cash from her purse. The alleged crime occurred inside of a store, located on the 800 block of Millersport Highway in the Town of Amherst, where both defendants were employed. The defendants allegedly locked the victim inside of the store, which prevented her from leaving.

It is further alleged that during the incident, defendant Smith assaulted and choked the victim with her hands. The victim’s sunglasses were broken during the alleged assault. Defendant Smith is also accused of being in possession of an unloaded shotgun and scanning the victim’s credit cards during the incident.

The co-defendant, 48-year-old Carmilla L. Smith of Buffalo, was previously arraigned before Judge Klein on the following offenses:

• One count of Robbery in the Second Degree (Class “C” felony)
• One count of Strangulation in the Second Degree (Class “D” felony)
• One count of Grand Larceny in the Fourth Degree (Class “E” felony)
• One count of Unlawful Imprisonment in the Second Degree (Class “A” misdemeanor)
• One count of Assault in the Third Degree (Class “A” misdemeanor)
• Two counts of Criminal Mischief in the Fourth Degree (Class “A” misdemeanors)
• One count of Criminal Possession of a Weapon in the Fourth Degree (Class “A” misdemeanor)

Pettiway and Smith were released on their own recognizance. Both defendants are scheduled to return on Thursday, January 5, 2023 at 10:30 a.m. for a felony hearing.

If convicted of the highest charge, both face a maximum sentence of 15 years in prison.    

A temporary no-contact order of protection was issued on behalf of the victim.

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.