Kenmore woman indicted in fatal overdose case

Niagara Gazette, Niagara Falls, N.Y.
·2 min read

Feb. 1—A 35-year-old Kenmore woman has been charged with criminally negligent homicide following a fatal overdose in Buffalo last year.

Ashley M. Holmes, 35, of Kenmore, was arraigned Thursday before Erie County Court Judge Sheila A. DiTullio on an indictment charging her with criminally negligent homicide (class "E" felony), one count of third-degree criminal sale of a controlled substance and one count of third-degree criminal possession of a controlled substance (class "B" felonies).

Holmes was arrested Aug. 19 following an investigation into a fatal overdose that occurred on Linden Avenue in the City of Buffalo. Holmes is accused of knowingly and unlawfully selling a quantity of fentanyl-laced cocaine to the victim, 47-year-old Robert R. Chimera, which resulted in his death. During the investigation, a quantity of fentanyl-laced cocaine was found in her bedroom at her residence in the Village of Kenmore.

Holmes is scheduled to return on Feb. 9 for a pre-trial conference. She was held on bail set at $500,000 cash or bond.

If convicted of the highest count, Holmes faces a maximum sentence of 9 years in prison.

Erie County District Attorney John J. Flynn commended Detective Judy Walker and the Buffalo Police Department Homicide Squad and Narcotics Unit for their work in this investigation.

The case is being prosecuted by Chief Ryan D. Haggerty of the Narcotics/Intelligence Bureau.

This is the second opiate-related homicide case to be prosecuted under Flynn. In November 2018, a Town of Tonawanda man pleaded guilty to second-degree manslaughter, the highest count in the indictment against him, for knowingly giving crushed opiate pills to an intoxicated female companion. The victim, who believed the substance was cocaine, died from an overdose. The defendant was sentenced to 1 1/3 to 4 years in prison.

"My office remains committed to addressing the rising number of opiate deaths and will continue to hold drug dealers accountable for their crimes. Anyone who sells a controlled substance that results in a fatal overdose will be prosecuted to the fullest extent of the law. I encourage anyone who is struggling with substance abuse disorder to seek help as these addictive street drugs could be laced with a deadly amount of fentanyl," Flynn said.