LITTLE VALLEY – A Salamanca man was acquitted of a felony assault charge following a three-day trial in Cattaraugus County regarding a shooting incident last December in Ellicottville.
Damien Marvin, 26, was acquitted following a 45-minute jury deliberation. After a three-day jury trial in Cattaraugus County Court, Damien Marvin 26, of Salamanca, was acquitted of a felony assault charge stemming from a shooting incident, in Ellicottvile, in December of 2018.
The prosecution called 15 witnesses consisting of the accuser, the accuser’s brother, civilian witnesses as well as a doctor and law enforcement personnel. The defense called three witnesses consisting of the defendant’s fiance and well as two coworker’s.
During the evening hour of December 1st, 2018, police were called to the Villagio Restaurant in Ellicottville for a report of a shooting which occurred outside the restaurant. Marvin stated to police investigator’s that he shot Brandon Janesz because he was being attacked outside the bar, by Janesz and his brother, and feared for his safety.
Testimony showed that Marvin was involved in a physical altercation inside the restuarant with Janesz and his brother. After the fight was broken up by bar staff, all three men were told to leave. When Marvin got outside, he walked from the Villagio to the intersection of Monroe and Main St., a distance of 58 yards, but was then chased down by the Janesz brother’s, and another fight ensued. It was during this altercation outside, Marvin drew his lawfully possessed and concealed pistol and shot Janesz once in the abdomen.
Cattaruagus County Court Judge Ronald D. Ploetz. First Assistant Public Defender Benjamin Smith tried the case for the defense, assisted by Public Defender investigator’s Mark Cunningham, and Phillipe Yates.