Erie County District Attorney John J. Flynn announces that 48-year-old Luigi Palmieri of Eden was arraigned this morning before Hamburg Town Court Justice Gerald P. Gorman on one count of Menacing in the Second Degree and one count of Criminal Contempt in the Second Degree (Class “A” misdemeanors).

It is alleged that on Saturday, August 20, 2022, at approximately 11:28 p.m., the defendant yelled at a male victim outside on Hillbrook Drive while knowingly in violation of an order of protection issued on behalf of his family. It is further alleged that the victim’s wife and a male neighbor were walking along Hillbrook Drive when they encountered the defendant. The defendant was allegedly in possession of a large metal flashlight that he was shining toward the victims, which resulted in a verbal altercation. During the argument, the defendant allegedly approached while armed with the metal flashlight with the intent to place the victims in reasonable fear. The defendant was subsequently punched by the male neighbor.

An investigation determined that the male neighbor acted in self-defense. The defendant was later given an appearance ticket to be arraigned on the charge. The matter was transferred to Hamburg Town Court after both Eden Town Court Justices recused themselves from the case.

If convicted of the charges, Palmieri faces a maximum sentence of one year in jail. 

Palmieri has another pending criminal case that was transferred to Hamburg Town Court. He is charged with one count of Criminal Contempt in the First Degree (Class “E” felony). He is accused of repeatedly violating an order of protection, which placed the victim and her family in reasonable fear. The matter was transferred to Hamburg Town Court after both Eden Town Court Justices recused themselves from the case.

It is alleged that on October 27, 2021, at approximately 8:40 a.m., the victim saw the defendant, knowingly in violation of an existing order of protection, driving in the area of her place of employment. The victim allegedly saw the defendant driving past the building again as she entered Eden Town Hall.

It is alleged that on April 3, 2022, at approximately 5:25 p.m., the defendant drove slowly in his vehicle past the victim’s son as he was walking on Route 62 near Legion Drive in the Town of Eden. The defendant allegedly acted with no legitimate purpose while knowingly in violation of an existing order of protection.

It is alleged that on May 14, 2022, at approximately 6:35 p.m., the defendant drove slowly past the victim’s home in the Town of Eden as her children were playing outside. The defendant allegedly stopped his vehicle in front of the victim’s residence for no legitimate purpose while knowingly in violation of an existing order of protection.  

It is also alleged that on July 13, 2022, at approximately 6:46 p.m., the defendant entered the victim’s place of employment, Eden Town Hall, during a board meeting while knowingly in violation of an existing order of protection. The defendant was asked to leave the building by an Eden Police officer. It is further alleged that at approximately at 9:25 p.m., the victim saw the defendant again inside of his vehicle in the parking lot as she exited the building.

The defendant was also previously charged in Eden Town Court with one count of Reckless Endangerment in the Second Degree (Class “A” misdemeanor), one count of Harassment in the Second Degree and one count of Unlawfully Dealing with Fireworks and Dangerous Fireworks (violations). He was arraigned on July 4, 2021. The case was adjourned in contemplation of dismissal on January 4, 2022. An order of protection was issued on behalf of the victim and her family.

The defendant is accused of intentionally detonating a firework near the victim and her husband, which created a substantial risk of serious physical injury. The alleged incident occurred on Hillbrook Drive in the Town of Eden on Friday, July 2, 2021.

Due to the recent charges and alleged violation of the order of protection, the case has been restored to the active calendar in Hamburg Town Court.

Palmieri is scheduled to return to Hamburg Town Court on Tuesday, December 6, 2022 at 9:00 a.m. for a pre-trial conference on all cases. He remains released on his own recognizance.

A no-contact order of protection remains in place on behalf of the victim and her family.

DA Flynn commends the Eden Police Department and the Erie County Sheriff’s Office for their work in these investigations.

Both cases are being prosecuted by Assistant District Attorney William Fitzgerald of the Felony Trials Bureau and Assistant District Attorney Stephen C. Papia of the Justice Courts Bureau.

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