Press Releases
GROUNDBREAKING PARTNERSHIP LEADS TO INDICTMENT IN 2003 BUFFALO EAST
By Albany Press Office
Aug 31, 2007, 12:52

Ivory Payne indicted for the 2003 murder of Demetrius Bailey

ALBANY, NY (August 31, 2007) – Attorney General Andrew M. Cuomo and District Attorney Frank J. Clark announced today a Grand Jury indictment for the 2003 murder of Demetrius Bailey in Buffalo’s East Side.

The indictment is the result of a groundbreaking partnership announcedin January between Attorney General Cuomo and District Attorney Clark to share resources in order to more efficiently prosecute Buffalo homicides.

“As I promised before taking office, I continue to offer assistance and resources to counties that are dealing with a rash of violence related to gangs and guns,” said Attorney General Cuomo. “Today’s indictment is proof that this partnership to put killers behind bars is working.”

Ivory Payne, 37, last known address of Fillmore Ave. in Buffalo was indicted on one count of Murder in the 2nd Degree (class A-1 felony) and one count of Criminal Possession of a Weapon in the 2nd Degree (class C felony). Payne was arraigned this morning in Erie County Court before Hon. Thomas P. Franczyk. Payne is currently incarcerated on an unrelated charge.

Payne is accused of murdering Demetrius Bailey, 36, on August 2, 2003, at the foot of East North St. in Buffalo. If convicted of the top count, Payne faces a maximum sentence of 25-years-to-life in prison.

This indictment is the direct result of collaborative efforts by the Attorney General’s Office and the Erie County District Attorney's Office. In January, Attorney General Cuomo offered the use of his staff to Erie County District Attorney Frank J. Clark following a surge of homicides in 2006 due in part to increased gang activity. Three attorneys and an investigator from the Attorney General's Office were cross-designated to work closely with the district attorney's office.

District Attorney Clark said, “This is a prime example of how collaborative efforts of two law enforcement agencies can produce positive results. But for the Attorney General’s assistance, this matter might still be a cold case rather than a case awaiting trial.”

Cuomo praised Buffalo Mayor Byron Brown for his commitment to a comprehensive anti-crime program and Buffalo Police Commissioner H. McCarthy Gipson for the hard work of detectives assigned to the homicide bureau who were instrumental in helping to obtain this indictment.

“An indictment in this case is the result of the hard work of the Buffalo Police Department and the Attorney General’s office in assisting the Erie County District Attorney's office,” said Mayor Byron W. Brown. “By working with our law enforcement partners we were able to solve this crime, which is good news for the residents of the City of Buffalo.”

The charges in this case are merely accusations and the defendant is presumed innocent until and unless proven guilty.

The case was handled by Assistant Attorney General in Charge Russell T Ippolito Jr., of the Buffalo Regional Office with the assistance of AAG Cydney Kelly, and Inv. Harry Frank.


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