Erie County District Attorney John J. Flynn announces that 48-year-old Daniel A. Martinez of Amherst was arraigned yesterday afternoon before Grand Island Town Court Justice Mark J. Frentzel on one count of Driving While Intoxicated and one count of Obstruction of Governmental Administration in the Second Degree (Class “A” misdemeanors). He was also charged with three Vehicle and Traffic Law violations for imprudent speed, failure to stop at a stop sign and failure to yield to right of way at a stop sign.

It is alleged that on Wednesday, January 11, 2023, at approximately 6:16 p.m., the defendant, while driving under the influence of alcohol at a high-rate of speed, ran a stop sign at the intersection of East Park Road and Stony Point Road in the Town of Grand Island, resulting in a collision with another vehicle that had the right of way. No injuries were reported, but the victim’s vehicle was damaged in the crash. 

It is further alleged that after he was placed under arrest, the defendant obstructed governmental administration by refusing and physically preventing law enforcement from obtaining his fingerprints, which are required during a lawful arrest.

Martinez is scheduled to return on Wednesday, January 25, 2023 at 5:00 p.m. for a pre-trial conference. He was released on his own recognizance as the charge is a non-qualifying offense for bail.

After the arraignment in the DWI case, our office filed a motion with the Court, arguing that the defendant should be held without bail in a pending homicide case. Martinez was arraigned on an indictment charging him with two counts of Murder in the Second Degree (Class “A-I” felonies) on December 1, 2020. He was released after posting bail set at $500,000 cash, bond or property.

It is alleged that on September 30, 2020, at approximately 2:45 a.m., the defendant intentionally set a fire inside of his girlfriend’s residence located on the first floor of a multi-family home on Concord Street in the City of Buffalo. The girlfriend’s mother was in bed at the time of the arson. The victim, Maria Galazka, suffered multiple burns and smoke inhalation. She was transported by ambulance to ECMC where she later died on November 5, 2020, which was her 66^th birthday.  One Buffalo firefighter was injured while fighting the blaze. He was taken to ECMC where he was treated and released. A resident who lived in the upper apartment was displaced, but unharmed in the fire. 

Today, State Supreme Court Justice Paul B. Wojtaszek denied prosecutor’s motion to revoke bail. Martinez continues to be released on previously posted bail.

Jury selection in the homicide trial is scheduled to begin on Monday, March 13, 2023.

Both cases are being prosecuted by Assistant District Attorney Eugene T. Partridge, III of the Homicide Unit and Assistant District Attorney Frank A. Strano of the Narcotics/Intelligence Unit.