Orrice or tHe District ATTORNEY County or Wyominc DONALD G. 0’GEEN District Attorney ERIC R. SCHIENER VINCENT A. HEMMING Assistant District Attorney First Assistant District Attorney April 1, 2016 stnreneneneene PRESS RELEASE eeoenteesnen ener On Thursday, March 31, 2016, an indictment was unsealed charging three Attica Correctional inmates, Shawn Avery, age 35, Bruce Battle, age 33 and Devin Gray, age 22 with Murder in the Second Degree and Conspiracy in the Second Degree in the death of another inmate, Rodney Calloway. Mr. Battle was also charged with Promoting Prison Contraband in the First Degree. See attached indictment. All three defendants face a maximum of 25 years to life in prison if convicted of the top count of the indictment. ‘The charges stem from an investigation by the New York State Police and the Office of Investigative Services through DOCCS. This incident is alleged to have occurred on or about May 8, 2015 in the “A” yard of the Attiea Correctional Facility during the inmate’s recreational period. Mr. Calloway died as a result of being stabbed in the heart while in the “A” yard, Due to the large volume of potential witnesses involved in this investigation, many investigative hours and a tremendous amount of cooperation between all the agencies was involved in presenting this case to the Grand Jury. The defendants were arraigned on March 31, 2016 before the Hon, Michael M. Mohun and they ‘were assigned counsel. The matter was adjourned to June 1, 2016 at 1 p.m. in Wyoming County Court so that the attorneys can file their respective motions in this case, The defendants are being held on bail in the amount of $500,000 cash/ $1 million bond. Bail is commonly set in prison related cases just in case their current sentence is overturned on appeal. If this happens the bail set in this matter would take over and the inmates would be transferred to our local jail. Mr, Battle, Mr. Avery, and Mr, Gray are only being accused at this point through charging documents by the grand jury and they are presumed innocent until they are proven guilty beyond a reasonable doubt in a court of law. ‘Wyoming County Courthouse -147 North Main Street : Warsaw, New York 14569-1123 ‘Phone: (585) 786-8822 «Fax: (585) 786-8842 -E-mail: dogeen@wyomingco.netSTATE OF NEW YORK COUNTY COURT : +: COUNTY OF WYOMING THE PEOPLE OF THE STATE OF NEW YORK -against- INDICTMENT NO. 7599 Filed March 9, 2016 SHAWN AVERY pop: 10/22/1980 BRUCE BATTLE DOB: 07/03/1982 DEVIN GRAY DOB: 02/01/1994 Defendants. COUNT ONE The Grand Jury of Wyoming County, by this count in this Indictment, accuses the defendants, SHAWN AVERY, BRUCE BATTLE and DEVIN GRAY, of the offense of MURDER IN THE SECOND DEGREE, a Class A-1 Felony, contrary to Penal Law Sections 20.00 and 125.25 (1) committed on or about May 8, 2015 in the County of Wyoming: At said time and place, SHAWN AVERY, BRUCE BATTLE AND DEVIN GRAY, aided and abetted by one another and with intent to cause the death of Rodney Calloway, caused the death of Rodney Calloway. COUNT TWO The Grand Jury of Wyoming County, by this count in this Indictment, accuses the defendants, SHAWN AVERY, BRUCE BATTLE and DEVIN GRAY of the offense of CONSPIRACY IN THE SECOND DEGREE, 2 Class B Felony, contrary to Penal Law Section 105.15 committed on or about May 8, 2015 in the County of Wyoming: At said time and place, SHAWN AVERY, BRUCE BATTLE AND DEVIN GRAY, with intent that conduct constituting Murder in the Second Degree, a Class AFelony, be performed, agreed to engage in or cause the performance of conduct constituting Murder in the Second Degree. COUNT THREE: The Grand Jury of Wyoming County, by this count in this Indictment, accuses the defendant, BRUCE BATTLE, of the offense of PROMOTING PRISON CONTRABAND IN THE FIRST DEGREE a Class D Felony, contrary to Penal Law Section 205.25 (2) committed on or about May 8, 2015 in the County of Wyoming: At said time and place, BRUCE BATTLE, being a person confined in the detention facility called Attica Correctional Facility under circumstances set forth in Special Information, knowingly and unlawfully possessed dangerous contraband. boc M3 - ERIC R. SCHIENER ASSISTANT DISTRICT ATTORNEY A TRUE BILL Féreperstn