Erie County District Attorney John J. Flynn announces that 35-year-old Derek Vasquez of West Seneca was arraigned before West Seneca Town Justice Jeffrey M. Harrington on one count of Official Misconduct, a Class “A” misdemeanor, on December 26, 2019.

It is alleged that defendant, while working as an officer for the West Seneca Police Department, had an on-duty sexual encounter in January 2019 with a victim of a domestic violence incident. The defendant had previous contact with this person after filing a Domestic Incident Report on her behalf in the weeks prior to the incident.

The defendant, while on-duty as a police officer, is accused of presenting himself at the home of the victim for no other purposes than a sexual encounter. He was not dispatched to the location of the encounter for an official call.

Vasquez is scheduled to return on Friday, January 24, 2020 at 11:00 a.m. He was released on his own recognizance.

Judge Harrington issued a no-contact order of protection on behalf of the victim.

If convicted on the charge, Vasquez faces up to one year in jail.

DA Flynn commends the West Seneca Police Department as well as the New York State Police Major Crimes Unit for their work in the investigation.

The case is being prosecuted by Assistant District Attorney Stephen C. Earnhart of the DA’s Special Victims Bureau.

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