Monday, April 20th, 28 year old former Jamestown resident Sean Thomas was sentenced to serve 20 years in state prison followed by five years of parole supervision on his conviction for Manslaughter in the First Degree arising from the April, 2024 death of an eight month old infant, Aniyah Turk, in the City of Jamestown. Mr. Thomas had previously been indicted for Murder in the Second Degree for which he would have faced a term of imprisonment, if convicted, from a low of 15 years to life, to a high of 25 years to life, with the possibility of being paroled after he served the minimum incarceration period set by County Court. On December 15th, shortly before his case was scheduled to begin trial, Mr. Thomas pled to the reduced charge under a 20 year sentence agreement offered by District Attorney Schmidt.
Sergeant Overend of the Jamestown Police Department Detective Bureau provided a statement regarding Thomas’ sentencing, “The Jamestown Police Department’s Investigative Section worked extensively to piece together this investigate, which lead to Mr. Thomas being charged with Murder in the Second Degree. While we are pleased this case is resolved without Aniyah’s family enduring a trial due to Thomas’s guilty plea, we know that it will not bring back Aniyah. I would like to thank the patrol officers that responded to the scene, the detectives that investigated Aniyah’s death, the District Attorney’s Office and the Chautauqua County Child Protective Services for working together to bring Mr. Thomas to justice. Tragic events such as this weigh heavy on all of those involved in the investigation, however, I cannot imagine the effect Aniyah’s passing has on her family. I hope they may find light in the darkness of this event and pray they find peace with knowing that Mr. Thomas is being held accountable for this heinous actions.”
According to DA Schmidt, “This closes out one of three child-homicide cases which all occurred within our County during a period of less than a month back in April, 2024. Two of the three happened in Jamestown and were simultaneously investigated by Jamestown Police whose investigators developed such overwhelming evidence of guilt that we were able to obtain a similar plea on that case as well. I cannot overemphasize the excellent investigative work performed by our Jamestown Police Officers under extraordinarily difficult circumstances. Despite being overwhelmed with multiple critical incidents and other police work at a time when they, along with our other police agencies, were undergoing record staffing shortages and reduced operating budgets relative to increased crime, Jamestown Police Department did exactly what was asked and expected of them. As a reflection of their solid work, Mr. Thomas will now spend the next approximate 20 years in state prison, and next month, on May 28th, Matthew Nuttall will be sentenced on his Manslaughter 1st conviction for causing the death of a 17 month old Jamestown toddler. We are fortunate to have such a dedicated group of experienced professionals working these difficult, heartbreaking cases.”
In the third child homicide prosecution arising from April, 2024, Silver Creek resident Ashley Bertino is charged with the death of her 12 year old daughter Mya. A Chautauqua County Grand Jury previously charged Ms. Bertino with Murder in the Second Degree under a “depraved indifference” theory, but that charge was later dismissed by County Court Judge David Foley on legal grounds concerning the applicability of the murder charge to the proven facts. District Attorney Schmidt is appealing that dismissal and expects argument on the appeal to be held by the Fourth Department Appellate Division later this year. The other charges contained in the indictment, Manslaughter in the Second Degree and three counts of Endangering the Welfare of a Child, were untouched by County Court and remain in place while the appeal is pending.
The District Attorney’s Office would like to thank all the law enforcement agencies involved in all three homicides.
