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Albion teen arraigned in County Court after assault on grandmother

Staff Reports Posted 13 September 2018 at 2:40 pm

Brandon Foster

ALBION – An Albion teen-ager who is accused of nearly killing his grandmother during a late-night attack on July 8 was arraigned in Orleans County Court today.

Brandon Foster, 17, was arraigned on charges of second-degree assault, first-degree burglary, and two counts each of second-degree burglary and petit larceny. He is represented by Joanne Best, the public defender, and pleaded not guilty to the charges.

Foster on July 8 allegedly went to home of his grandmother, Rachael Spearance, located just outside the Village of Albion. Foster entered the residence just after midnight. He allegedly climbed on a chair and forced a rear window open. Upon climbing through a window, Foster proceeded to the bedroom and began attacking his grandmother with a knife as she slept in bed, Undersheriff Chris Bourke said on July 9.

Spearance began fighting back. Foster then placed her in a choke hold. Spearance was able to get away from Foster’s grasp and confront him about what he was doing. Foster then stole $23 cash and the victim’s cell phone and climbed out a different window and fled the scene, Bourke said.

Spearance, while bleeding profusely, was able to leave the residence and drive to Medina Memorial Hospital. Spearance was then transported to the Erie County Medical Center by Mercy Flight. Because she is recovering from her injuries, Foster no longer is facing the initial attempted murder charge.

Best, his attorney, said Foster has no prior criminal record.

District Attorney Joe Cardone said Foster was “essentially homeless” at the time of the incident. The DA asked that bail remain at $50,000 cash and $100,000 bond. Foster is currently an inmate in the Orleans County Jail.

“These are very serious charges with serious injuries with a dangerous instrument,” Cardone said.

Best responded that Foster has a place to stay available with a local family. She asked that bail be reduced.

Judge Sanford Church set bail at $25,000 cash and $50,000 bond. He also ordered a psychological and psychiatric evaluation for Foster. The judge also approved an order of protection for Foster’s grandmother.

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