New York’s highest court has denied an application sought by the Chautauqua County District Attorney’s Office seeking an appeal in a case involving a Jamestown area man accused of setting several fires.

The ruling by the New York State Court of Appeals comes after the Fourth Department Appellate Division in Rochester dismissed a 25-count indictment against Jonathan Young after statements made by Young during interrogation were ruled inadmissible by County Court Judge David Foley. The DA’s office had applied for a “leave to appeal,” a request to have the Court of Appeals hear the case, but was denied in a one-page order dated Aug. 7.

Chautauqua County Public Defender Ned Barone, when reached Wednesday, said the Court of Appeal’s decision not to hear the case was the right decision based on Foley’s ruling and the affirmation by the appellate court.

“From the very beginning we believed that Foley’s ruling was the right decision,” Barone said, later adding, “We would consider this case to be closed.”

Statements used to get the original indictment in Chautauqua County were gathered after Young had traveled to Butler, Pa., following a rash of fires that broke out in the Jamestown area. Young was jailed in Pennsylvania after reportedly starting a fire in Slippery Rock Township; he was arraigned in Butler County Court on March 28, 2017, at which time he requested an attorney.

On April 4, 2017, members of the Jamestown Police Department traveled to Butler County to look into Young’s connection to the series of fires in New York. While Jamestown police did not interview Young in Butler, they did observe while troopers with the Pennsylvania State Police conducted the interrogation.

During their questioning, handled without Young’s attorney present, the troopers reportedly asked Young about the New York fires.

Foley ruled that Young’s statements could not be used at trial. The decision was appealed by the DA’s office to Fourth Department Appellate Division.

In March, the court affirmed Foley’s ruling.

“Contrary to the People’s contention, we conclude that the Pennsylvania State Troopers improperly interrogated (Young) about the New York offenses in violation of his indelible right to counsel,” the Fourth Department Appellate Division wrote in its decision. “It is well settled that ‘once a defendant in custody on a particular matter is represented by or requests counsel, custodial interrogation on any subject, whether related or unrelated to the charge upon which representation is sought or obtained, must cease.'”

Patrick Swanson, Chautauqua County district attorney, noted the hard work by the Jamestown Police Department and his office on the case.

“We respect the decision of the Court of Appeals to not hear our case,” Swanson said. “It is unfortunate that procedures in another state can impact a case here. That is our law though and we are left with this result.”

The district attorney said with the latest ruling, there remains no options for prosecution on the arsons.

Young has been accused of setting more than a dozen fires in Jamestown and Falconer between March 2 and March 25 in 2017. He had been indicted on two counts of second-degree arson, 11 counts of third-degree arson, one count of fifth-degree arson and 11 counts of second-degree criminal mischief.

The most serious charge, second-degree arson, carries a sentence of up to 25 years in prison.

Prior to appearing in Chautauqua County, Young pleaded guilty to an arson charge in Butler County. Elsewhere, in Warren County, Young was sentenced to 39 to 78 days in jail after pleading guilty to felony theft by unlawful taking, movable property and misdemeanor loitering and prowling at night.