Erie County District Attorney John J. Flynn announces that 27-year-old Timothy Wagner of Buffalo was arraigned on Friday afternoon before Erie County Court Judge Susan Eagan on an indictment charging him with one count of Assault in the Second Degree (Class “D” felony), one count of Leaving the Scene of an Incident Without Reporting Resulting in Serious Physical Injury (Class “E” felony), and one count of Reckless Driving (Vehicle and Traffic Law unclassified misdemeanor).

It is alleged that on April 19, 2021, at approximately 7:50 a.m., the defendant was driving a pickup truck eastbound on Losson Road when he hit a pedestrian as he veered onto the shoulder of the road near Wedgewood Drive in the Town of Cheektowaga. The pedestrian was allegedly hit from behind, which forced him facedown onto the ground. The defendant is accused of leaving the scene without reporting the incident.

Later that day, members of the Cheektowaga Police Department allegedly found the defendant’s vehicle with front end damage, which matched the description of the suspect vehicle provided by witnesses.

The victim, a 60-year-old man from Depew, was taken to the hospital for multiple serious physical injuries. He continues to recover.

The defendant was released on his own recognizance. A return court has not been scheduled at this time.

If convicted of all charges, Wagner faces a maximum of 7 years in prison.

DA Flynn commends the Cheektowaga Police Department Traffic Unit for their work in the investigation.

The case is being prosecuted by Chief Paul Glascott of the Vehicular Crimes Unit.

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