Erie County District Attorney John J. Flynn announces that 59-year-old Donald R. Thie of no permanent address appeared in Supreme Court Special Term yesterday afternoon before State Supreme Court Justice Paul B. Wojtaszek for a bail revocation motion on one of his three pending criminal cases.

It is alleged that on December 20, 2021, at approximately 9:54 a.m., the defendant forcibly stole approximately $1,300 in cash from a bank on Seneca Street in the City of Buffalo after passing a note to the teller, threatening the use of a dangerous instrument, and gesturing as if he was in possession of a weapon.

It is also alleged that on December 27, 2021, at approximately 11:20 a.m., the defendant forcibly stole approximately $1,000 in cash from the same bank on Seneca Street by passing a note to the teller that threatened the use of a dangerous instrument.

The defendant was arraigned on both cases before Buffalo City Court Judge Andrew C. LoTempio on December 31, 2021. He was charged with one count of Robbery in the First Degree (Class “B” felonies) on each case. The defendant was held on bail set at $15,000 cash, $100,000 bond or $100,000 partially secured bond for both cases.

A felony hearing was held on the initial case on January 13, 2022. Despite prosecutor’s argument that the facts of the case met the elements of Robbery in the First Degree, in that the defendant allegedly displayed what appeared to be a firearm by continually reaching into his jacket and gesturing as if he had a weapon, Judge LoTempio held the matter for action of the Grand Jury on the charge of Robbery in the Third Degree. The defendant was then released on his own recognizance as Robbery in the Third Degree (Class “D” felony) is a non-qualifying offense for bail.

After prosecutors examined proof in the second case, it was determined that the appropriate charge should be Robbery in the Third Degree, which is a non-qualifying offense for bail. A felony hearing has not been held on the second case and the matter remains pending in Buffalo City Court.

It is further alleged that on January 24, 2022, at approximately 10:25 a.m., the defendant committed a third robbery. The defendant is accused of forcibly stealing approximately $1,700 in cash from a bank on Dorrance Avenue in City of Buffalo by verbally directing the bank teller to give him the money.

On January 31, 2022, the defendant was arraigned before Buffalo City Court Judge Diane Wray on one count of Robbery in the Third Degree. Judge Wray set bail, as the alleged crime was committed while the defendant was pending prosecution for another felony offense, at $75,000 cash, bond or partially secured bond. A felony hearing was scheduled for February 4, 2022. The defendant remained held on bail.

Yesterday, Assistant District Attorney Hilarie Henry filed a bail revocation motion and appeared before Justice Wojtaszek to argue that based on the most recent felonious arrest, the defendant’s release on his own recognizance should be revoked on the initial case. Prosecutors requested that the defendant be held without bail. Justice Wojtaszek granted the request, remanding the defendant on the first case and setting bail at $1 on the second case.

As the defendant currently remains held without bail, prosecutors will not run a felony hearing on the third case.

A return court date has not been scheduled at this time as all three matters are pending action of the Grand Jury.

If convicted of all charges, Thie faces a maximum sentence of 21 years in prison.  

DA Flynn commends the Buffalo Police Department for their work in these investigations.

The case is prosecuted by Assistant District Attorney Hilarie L. Henry of the Felony Trials Bureau.

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