DOJ Seal

Department of Justice

U.S. Attorney's Office
Western District of New York

For Immediate Release

Thursday, September 6, 2018
James P. Kennedy, Jr.
, United States Attorney
Contact: Barbara Burns

Three Defendants Charged in Gun Store Burglary

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dakota J. Sarfaty, 21, Marcos D. Guzman, 34, and Luis D. Marcano-Agosto, 33, all of Rochester, NY, were arrested and charged by criminal complaint with various federal firearms offenses in relation to the theft of firearms from Chinappi’s Firearms & Supplies in Spencerport, NY, on two separate occasions in August 2018.
 
Specifically, Sarfaty is charged with theft of firearms from a Federal Firearms Licensee, possession of stolen firearms, and use of a firearm during and in relation to a drug trafficking crime; Guzman is charged with possession of stolen firearms and possession of firearms by a convicted felon; and Marcano-Agosto is charged with possession of stolen firearms. The charges against Sarfaty carry a minimum penalty of five years in prison, and a maximum penalty of life, and a $250,000 fine, while the charges against Guzman and Marcano-Agosto carry a maximum penalty of 10 years in prison and a $250,000 fine.
 
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that according to the complaint, the charges stem from two burglaries that occurred at Chinappi’s Firearms & Supplies in Spencerport on August 12, 2018, and August 16, 2018. During the burglaries, numerous firearms were stolen from the basement of the store. An interior surveillance camera captured images of defendant Sarfaty breaking into the store and removing numerous boxes containing firearms. Law enforcement officers arrested Sarfaty on August 17, 2018, at which time he was found to have a loaded .40 caliber handgun, which had been stolen from Chinappi’s Firearms & Supplies, in his waistband.
 
According to the complaint, 15 of the stolen firearms were sold and one was traded for a quantity of cocaine. Through further investigation, law enforcement officers recovered 10 additional firearms that had been stolen from Chinappi’s. Eight of those firearms were found in the backyard at 152 Avenue B in Rochester, which is the location at which Guzman was arrested. Marcano-Agosto was arrested after fleeing 152 Avenue B as law enforcement officers approached the location.
 
The defendants are scheduled to make an initial appearance before U.S. Magistrate Judge Jonathan W. Feldman on September 6, 2018 at 9:30 a.m. The criminal complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Rochester Police Department, under the direction of Chief Michael Ciminelli.
 
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
 
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Field Division: New York Field Division