Brandon Fellows

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Sentence

Sentenced to a term of Thirty-Seven (37) Months of Incarceration as to Count 1s, Twelve (12) Months as to Counts 2s and 3s each, Six (6) Months as to Counts 4s and 5s each, all terms under this sentence to run concurrently, but consecutively to the criminal contempt sentence, followed by a term of Thirty-Six (36) Months of Supervised Release as to Count 1s, Twelve (12) Months as to Counts 2s and 3s each, all terms to run concurrently. Special Assessment of $100 as to Count 1s, $25, per count, as to Counts 2s and 3s, $10, per count, as to Counts 4s and 5s, for a total of $170. Restitution imposed in the amount of $2,000.

Criminal History

On July 14, 2019, Fellows was arrested in Glenville, NY, following an incident involving his girlfriend at the time (the complainant). Following a verbal dispute in a Walmart parking lot, Fellows and the complainant got into her car. Id. Fellows was in the passenger seat. While inside the car, Fellows began striking the dashboard, and the complainant recorded his conduct on her phone. Fellows grabbed her phone, striking it against the dashboard until it broke. When the complainant demanded the phone back so she could call the police, Fellows stated that the police would not help her. The complainant then told him that she was driving to the police department, at which point Fellows jumped out of the car and ran away. The complainant used the phone of a passerby to call the police. Fellows was charged with two counts of criminal mischief (one for damaging the phone and one for disabling equipment to prevent a request for emergency assistance), and harassment. The judge issued an order of protection was issued for the complainant. On July 30, 2019, Fellows pled guilty to harassment, which is a violation, not a crime. He was sentenced to a conditional discharge and a fine, and the order of protection remained in place.

On August 4, 2019, Fellows was arrested for violating the above-described order of protection. The complainant called the police after Fellows followed her around in a parking lot. Following this arrest, Fellows provided the New York judge’s wife’s phone number as his own contact information to the clerk of the court. Fellows testified at a bond hearing in this matter on October 12, 2021, that he was “intimidated” by the judge in New York had provided the judge’s wife’s number as his own contact information to take advantage of what he referred to as a “loophole” that would allow him to have a different judge assigned to his case. Bond Hearing.

While on pre-trial release in this matter, Fellows was arrested in New York for petit larceny on April 29, 2021, from an incident that spanned from December 28, 2020, through March 4, 2021. The complainant hired Fellows to complete a chimney repair, after they agreed to a price and timeframe. On December 28, 2020, Fellows performed an inspection and outlined the necessary work to be performed, and the complainant paid him a $700 deposit. However, in the following weeks, Fellows did not arrive to perform the repair as scheduled, ignored the complainant’s phone calls regarding the job, and blocked her number. On January 31, 2021, the complainant filed a police report . Fellows told the police that he had ordered the materials for the job and therefore did not intend to repay the complainant. The case remains pending.

In the instant case, Fellows attempted to intimidate the officer assigned to supervise him while on pre-trial release. On June 14, 2021, Fellows was scheduled for a court-mandated mental health evaluation, but he canceled the same day, stating he was not feeling well. Fellows then requested permission to go to work, which the officer denied, since Fellows had just stated he was ill. Fellows, displeased by that response, inappropriately asked the officer, “Have you checked your hormones?” Shortly after the call with Fellows, a man called the officer’s mother, asking for the officer. The mother offered to pass a message to the officer, and the caller said he would just contact the USPO on her “other numbers.” Caller ID identified the caller’s number as the number used by Fellows to contact the Pretrial Services Agency for official business.

Documentation