Erie County District Attorney John J. Flynn announces that 30-year-old Jamie D. Aaron, 47-year-old Marybeth Aaron and 43-year-old Marc R. Scholes were arraigned yesterday afternoon before Tonawanda Town Court Justice J. Mark Gruber. Each defendant was charged with 23 counts of Overdriving, Torturing and Injuring Animals; Failure to Provide Proper Sustenance and 23 counts of Failure to Provide Proper Food and Drink to Impounded Animal (Class “A” misdemeanors under New York Agriculture and Markets Law).
Marc R. Scholes and Marybeth Aaron were also arraigned on an additional charge of one count of Endangering the Welfare of a Child (Class “A” misdemeanor).
It is alleged that on Tuesday, August 8, 2023, SPCA investigators and members of the Town of Tonawanda Police Department executed a search warrant at the defendants’ residence on Dupont Avenue in the Town of Tonawanda. The defendants are accused of failing to provide necessary food, water and care to 22 dogs and one cat confined to their home. The animals were found in unsanitary conditions without access to food and water. All of the animals were signed over to the custody of the SPCA Serving Erie County.
A 12-year-old child also resided inside of the home. Marc R. Scholes and Marybeth Aaron, the child’s caregivers, are accused of knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child involving a substantial risk of danger to the children’s life or health due to the unsanitary conditions of the home.
Aaron, Aaron and Scholes are scheduled to return on Thursday, September 28, 2023 at 2:00 p.m. for further proceedings. All three defendants were released on their own recognizance as the charges are non-qualifying offenses for bail.
At the request of prosecutors, Judge Gruber issued a “no animal” order, which prevents the defendants from owning or caring for any animals while the case is pending.
If convicted of the highest charge, Aaron, Aaron and Scholes each face a maximum sentence of one year in jail.
“These defendants are accused of failing to provide proper care for the children and numerous animals living inside of their home. I want to thank our partners at the SPCA for their work in this investigation and care they have provided to the many animals rescued from this home,” said Erie County DA John Flynn.
DA Flynn commends the SPCA Serving Erie County, SPCA Animal Cruelty Investigator Lindsey Wood and the Town of Tonawanda Police Department for their work in this investigation.
The case is being prosecuted by Assistant District Attorney Jordana C. Gelber of the Justice Courts Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.
