Erie County District Attorney John J. Flynn announces that 20-year-old Maxamillion Hernandez of Buffalo has been arraigned by Erie County Court Judge Sheila A. DiTullio on an indictment charging him with Vehicular Assault in the Second Degree, Assault in the Second Degree and Driving While Ability Impaired by a Drug.

It is alleged that on May 10, 2016, while impaired by marihuana, the defendant was speeding on River Road in the Town of Tonawanda, when he ran a red light and crashed into a cab causing traumatic brain injury to 62-year-old John Delzotta of the Town of Tonawanda, a passenger in that cab.

On August 14, 2016, the defendant was again arrested on Rt. 400 in the Town of West Seneca for Driving While His Ability was Impaired by Marihuana.  He was stopped by a West Seneca Police Officer who observed the defendant speeding and weaving in and out of traffic. 

Hernandez pleaded not guilty and bail was set at $50,000.  If convicted of the charges, the defendant faces a maximum of 7 years in prison.

DA Flynn commends the Town of Tonawanda Police Department and the Town of West Seneca Police Department for their investigative work.

Assistant District Attorney Christopher M. McCarthy of the DA’s Vehicular Crimes Bureau is prosecuting the case.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.