COLD CASE SOLVED THROUGH DNA EVIDENCE RESULTS IN PRISON SENTENCE FOR BURGLAR

Erie County District Attorney John J. Flynn announces that 51-year-old Jose Mendoza of Buffalo has been sentenced by Erie County Court Judge James Bargnesi to a determinate sentence of 2 years in prison followed by 1 ½ years of post-release supervision.

The defendant admitted that on July 17, 2017, he attempted to burglarize a home on Gardenvale Drive in the Town of Cheektowaga. While breaking a window, the defendant cut his hand and bled inside the house. The homeowner reported that two televisions were stolen during the break-in.

The DNA profile derived from the blood evidence was submitted to the state DNA databank. The defendant was identified after he was required to submit a sample due to a misdemeanor conviction from February 2018.

In 2012, the DNA databank requirements expanded, requiring individuals convicted of misdemeanors to provide a DNA sample. Prior to that, only convicted felony offenders were obligated to provide a sample.

Mendoza pleaded guilty to one count of Attempted Burglary in the Second Degree, a Class “D” violent felony, on Thursday, May 30, 2019.

DA Flynn commends Detective Mike Strejewski of the Cheektowaga Police Department for his work in this investigation.

The case was prosecuted by Assistant District Attorney Brian D. Langenfeld of the DA’s Tactical Prosecution Unit.

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‘Watched her die a painful death’: Veteran caught in Santos dog scam furious about release



Veteran Rich Osthoff was defrauded by ex-Rep. George Santos who, he claimed, set up a GoFundMe for his dying dog — and then pocketed the cash. Watching President Donald Trump free the disgraced congressman Friday has left him furious.

Speaking to MSNBC on Monday, Osthoff said he was "sick to my stomach" after hearing about Santos' commutation. "For the president of the United States to stick me in the gut with a knife, and every other veteran and every other military member gets a knife to the gut."

Osthoff had hoped that Santos would serve at least half of the sentence before he was released or pardoned.

"His sentence would serve as a warning to federal officials that if you do this, you'll end up in prison. That's what the DOJ wanted the message to be. What message does him walking out of prison after three months send him?" Osthoff asked.

"Walking out of prison after three months is a complete travesty. Same with the the Jan. 6th people. This is the president, a rogue president now just using his pardon power like a cudgel against everything that's decent, good and holy. It's shameful and a disgrace. And I'm almost ashamed that I served my country. Now, this is not the country I raised my hand three times to re-enlist for."

Osthoff's service dog had cancer and he sought help from individuals who could contribute to fund the treatment he couldn't afford. Santos offered to start a GoFundMe for the dog, but, in the end, Osthoff never saw a dime of the money.

After the scam was revealed, individuals stepped up to help him get another service dog, but it meant his dog Sapphire suffered.

"Sapphire still died and I watched her die a painful death," he said.

"And that guy is the one who did that to me. Every time I see him on TV now ... it brings a wound right back into the forefront again," Osthoff lamented.

Santos told CNN over the weekend that he hopes to be a more honest person and express contrition for those he wronged. But Osthoff isn't buying it.

"He's been so rude to me. He's lied about me. He's defamed me on TV dozens of times. He has no remorse," the Navy veteran said.

Santos spent 84 days in prison out of the 87 months in prison.



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