The Cattaraugus County District Attorney, Ashley E. Smith, announced today that the following people were indicted by the Cattaraugus County Grand Jury for the month of August 2026:

Town of Machias, NY – George M. Diamantes was indicted on August 13, 2026, for the crimes of Driving While Intoxicated (Class D Felony), Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree (Class E Felony), Operating Vehicle without Interlock Device (Misdemeanor), and Consumption of Alcohol in Motor Vehicle. The indictment states that on or about October 16, 2025, Diamantes operated a motor vehicle on a public highway while he was in an intoxicated condition and operated a motor vehicle on a public roadway when he knew or had reason to know that his license or privilege of operating a motor vehicle in the State of New York was suspended or revoked as a result of an alcohol related offense. The indictment also states that Diamantes operated a motor vehicle that was not equipped with an ignition interlock device and unlawfully possessed an open container containing an alcoholic beverage in a motor vehicle on a public highway of this state. 

Cattaraugus County, NY – Dana E. John was indicted on August 27, 2026, for the crime of Grand Larceny in the Second Degree (Class C Felony). The indictment states that on or about and between July 18, 2021 through October 2023, John stole property and the value of the property exceeded fifty thousand dollars ($50,000.00).  

Cattaraugus County, NY – Richard A. Smith was indicted on August 27, 2026, for the crime of Two Counts of Sex Offender Registry Violation (Class E Felony). The indictment states that on or about and between April 13, 2026 and May 13, 2026, Smith, a registered sex offender, failed to register with Division of Criminal Justice and verify in a manner within the time periods provided for in this article on each anniversary of his initial registration date during the period in which he is required to register, to wit, failed to report address change/status in 10 days. 

Cattaraugus County, NY – Nicholas R. Davey was indicted on August 27, 2026, for the crime of Three Counts of Sex Offender Registry Violation (Class E Felonies). The indictment states that on or about and between November 5, 2025 and February 23, 2026 and on or about and between December 10, 2025 and February 23, 2026, Davey, a registered sex offender, failed to failed to register with Division of Criminal Justice and verify in a manner within the time periods provided for in this article on each anniversary of his initial registration date during the period in which he is required to register, to wit, failed to report address change/status in 10 days. 

Town of Franklinville, NY – John D. Westfall was indicted on August 27, 2026, for the crime of Burglary in the Third Degree (Class D Felony). The indictment states that on or about January 31, 2026, Westfall knowingly entered or remained unlawfully in a building, with intent to commit a crime therein.

Cattaraugus County District Attorney's Office