BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned a five count indictment against David Montemage, 37, of Grand Island, NY, charging him with conspiring to distribute, attempting to possess with intent to distribute, and possessing with intent to distribute marijuana: in addition, Montemage is also charged with maintaining a drug-involved premises and possessing a firearm in furtherance of drug trafficking crimes. The charges carry a maximum penalty of life in prison, and a $1,000,000 fine.
Assistant U.S. Attorneys Justin G. Bish and Joshua A. Violanti, who are handling the case, stated that according to the indictment and a previously filed criminal complaint, on August 5, 2020, federal and state law enforcers from Homeland Security Investigations (HSI), U.S. Border Patrol, U.S. Customs and Border Protection, the Niagara County Sheriff’s Office, and the Erie County Sheriff’s Office, executed a search warrant at defendant’s residence on Blue Pointe Lane on Grand Island. During the search of that residence, investigators recovered: a .22 caliber rifle; 28 rounds of .22 caliber ammunition with magazines; approximately 1.88 kilograms of marijuana; marijuana and THC based products; several large plastic vacuum seal type packages containing marijuana residue; several small plastic bags containing marijuana; a digital scale; $7,480 in cash; and marijuana smoking pipes.
According to the previously filed complaint, Montemage, who was
arrested following the execution of the warrant, is believed to have
been involved in the trafficking and distribution of drugs for over a
Montemage was arraigned before U.S. Magistrate Judge Jeremiah J. McCarthy and released on conditions.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Border Patrol, under the direction of Chief Patrol Agent Eduardo Payan; Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy; the Niagara County Drug Task Force, under the direction of Niagara County Sheriff Michael J. Filicetti, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
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.