DOJ Seal

Department of Justice

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

For Immediate Release

Monday, July 18, 2016
William J. Hochul, Jr.
, United States Attorney
Contact: Barbara Burns

Niagra Falls Man Pleads Guilty to Being a Felon in Possession of a Firearm

BUFFALO, N.Y. -- U.S. Attorney William J. Hochul, Jr. announced today that Josue Ortiz, 34, of Niagara Falls, NY, pleaded guilty to being a felon in possession of a firearm before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on December 23, 2015, the Niagara Falls Police Department was dispatched to a residence on Niagara Avenue. A resident living in the lower apartment told officers that she believed a resident living upstairs had a gun.

Officers went upstairs and made contact with the defendant through a closed door and asked Ortiz if he had a gun.  The officers talked Ortiz into putting down the gun (a 12 gauge shotgun) and putting his hands up. Officers then placed the defendant in handcuffs and secured the gun.    

The plea is the culmination of an investigation by the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid, New York Field Division.  

Sentencing is scheduled for October 24, 2016 at 10:00 a.m. before Judge Vilardo.

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Field Division: New York Field Division