Erie County District Attorney John J. Flynn announced that two store owners in Amherst have been indicted for allegedly robbing their customers. The two people, 48-year-old Carmilla L. Smith of Buffalo, and her co-defendant and son 32-year-old Calvin D. Pettiway of Kenmore, were arraigned on Tuesday, March 7, 2023, before State Supreme Court Justice Paul B. Wojtaszek.

Smith was indicted on the following offenses:

- Two counts of Robbery in the Second Degree (Class “C” violent felonies)
- One count of Strangulation in the Second Degree (Class “D” felony)
- One count of Unlawful Imprisonment in the First Degree (Class “E” felony)
- One count of Criminal Possession of a Weapon in the Fourth Degree (Class “A” misdemeanor)

Pettiway was indicted on the following offenses:

- One count of Robbery in the First Degree (Class “B” violent felony)
- Two counts of Robbery in the Second Degree (Class “C” violent felonies)
- One count of Unlawful Imprisonment in the First Degree (Class “E” felony)

On November 9, 2022, at approximately 2:00 pm, the defendants allegedly forcibly stole a customer’s cell phone and $120 in cash from her purse. Smith also allegedly scanned the victim’s credit card. The incident happened inside of a store owned by both of the suspects, which is located at the 800 block of Millersport Highway in the Town of Amherst.

Smith allegedly chocked the victim and having an unloaded shotgun in her possession during the incident. The defendants accused the victim of previously stealing from the shop.

It is also alleged that on April 3, 2022, Pettiway forcibly stole property from another customer while displaying a weapon while he was working in the store. He allegedly accused the victim of shoplifting merchandise from the store. Pettiway allegedly pointed a shotgun at a male victim and scanned the victim’s credit card for $200.

If convicted of the highest charges against them, Smith faces a maximum sentence of 15 years behind bars and Pettiway faces a maximum sentence of 25 years in prison. They are due back in court on Friday, March 24, 2023 at 10:00 am. While prosecutors requested $50,000 bail, Judge Wojtaszek set bail at $5,000.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.

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