TOWN OF AMHERST, N.Y. (WKBW) — Erie County District Attorney John J. Flynn announced Tuesday that a Kenmore man was arraigned on two counts of robbery in the second degree and one count of unlawful imprisonment in the second degree.
Allegedly, on Nov. 9, the defendant, 32-year-old Calvin D. Pettiway, and his co-defendant 48-year-old 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, on the 800 block of Millersport Highway in Amherst, where both defendants were employed. Both Pettiway and Smith allegedly locked the victim inside the store, which prevented her from leaving.
During the incident, Smith allegedly assaulted and choked the victim with her hands. She is also accused of being in possession of an unloaded shotgun and scanning the victim's credit cards during the incident. The victim's sunglasses were also broken during the alleged assault.
A temporary no-contact order of protection was issued on behalf of the victim.
Smith was previously arraigned on the following charges prior to Pettiway's arraignment:
- One count of robbery in the second degree
- One count of strangulation in the second degree
- One count of grand larceny in the fourth degree
- One count of unlawful imprisonment in the second degree
- One count of assault in the third degree
- Two counts of criminal mischief in the fourth degree
- One count of criminal possession of a weapon in the fourth degree
Both Pettiway and Smith were released on their own recognizance. Both are also scheduled to return to court on Jan. 5, 2023, for a felony hearing.
If convicted of the highest charge, Pettiway and Smith will face a maximum sentence of 15 years in prison.
