West Seneca Man Sentenced for Repeatedly Violating Order of Protection Issued for Victim of Domestic Violence

Wednesday, September 4, 2024

Acting Erie County District Attorney Michael J. Keane announces that 44-year-old Jason M. Mitchell of West Seneca was sentenced yesterday morning before State Supreme Court Justice Deborah A. Haendiges. He received an aggregate sentence of 26 1/3 to 29 years in prison.

On or about September 16, 2020, the defendant knowingly and intentionally disobeyed an order of protection issued by an Erie County Family Court judge by sending messages to the victim through a social media website.

Or on or about between September 25, 2020 and September 27, 2020, the defendant again knowingly and intentionally disobeyed an order of protection issued by an Erie County Family Court judge. The defendant went to the victim's home on multiple occasions during that time period, which placed her in reasonable fear of physical injury.

On October 12, 2020, the defendant knowingly and intentionally disobeyed an order of protection issued by an Erie County Family Court judge by directing a third party contact the victim.

On or about November 4, 2020, the defendant knowingly and intentionally disobeyed an order of protection issued by an Erie County Family Court judge by directing a third party to contact the victim again.

On November 26, 2020, the defendant unlawfully entered the victim's home with the intent to commit a crime. The defendant threatened the immediate use of a sledgehammer, a dangerous instrument, which he used to break through the door. The victim's wrist was broken as she tried to hold the door shut while the defendant hit it with the sledgehammer. Two children were home at the time of the crime.

In April 2024, a jury found Mitchell guilty of all counts in the indictment after approximately eight hours of deliberation following a four-day trial. He was convicted of the following offenses:

• Two counts of Burglary in the First Degree (Class "B" violent felonies)
• Two counts of Criminal Contempt in the First Degree (Class "E" felonies)
• Three counts of Endangering the Welfare of a Child (Class "A" misdemeanors)
• Three counts of Criminal Contempt in the Second Degree (Class "A" misdemeanors)

Final orders of protection were issued on behalf of the victim, her parents, three children and three witnesses in this case, which remain in effect until November 2062.

Acting DA Keane commends the West Seneca Police Department and the victim advocates at Haven House for their work in the investigation.

The case was prosecuted by Assistant Chief Gina M. Gramaglia of the Special Victims/Domestic Violence Bureau and Assistant Chief Andres D. Ortiz of the Buffalo City Court Bureau.

If you or someone you know is a victim or may be at-risk of domestic violence, help is available through the BE SAFE Domestic Violence Victim Advocacy Program. While our staff specialize in trauma-informed support and victim advocacy following the arrest of an offender, you do not need to have a pending criminal case to speak with an advocate and access services. For more information on BE SAFE, call 716-858-4630 or visit www.erie.gov/besafe.