Erie County District Attorney John J. Flynn announces that 30-year-old Dominique D. Thomas of Buffalo was arraigned this afternoon at ECMC before Buffalo City Court Judge Carrie Phillips on two counts of Menacing a Police Officer or Peace Officer (Class “D” felonies).

It is alleged that on Monday, March 14, 2022, at approximately 4:36 a.m., four Buffalo Police officers responded to an apartment building on the 1900 block of Hertel Avenue near Shoshone Street. The defendant had allegedly called 911 to report that someone was threatening to kill him. When the officers entered the building, they encountered the defendant, who was holding a large knife, in the stairwell.

The defendant is accused of intentionally placing the officers in reasonable fear of physical injury or death by displaying the knife and refusing multiple orders by police to drop the weapon. The officers allegedly backed out of the building and moved into the street in an attempt to de-escalate the situation as they spoke with the defendant who continued to approach with the deadly weapon. When the defendant allegedly ran toward the officers with the knife in hand, he was subsequently shot multiple times by the two of the police officers.

The defendant was taken by ambulance to ECMC where he remains hospitalized for multiple injuries.

The police officers were not injured during the incident. A review by the Erie County District Attorney’s Office found that the actions of the officers were justified. The two Buffalo Police officers who fired the shots at the defendant have been cleared of any criminal wrongdoing.

Thomas was also arraigned this morning before Judge Phillips on one count of Menacing in the Third Degree (Class “B” misdemeanor) in a separate matter. It is alleged that on August 4, 2020, at approximately 8:40 a.m., the defendant threatened to kill his doctor after being treated at ECMC. A warrant was issued for the defendant after he failed to appear for a previously scheduled arraignment.

Thomas is scheduled to return on both cases on Wednesday, April 6, 2022 at 2:00 p.m. A forensic examination was ordered by the Court to assess the defendant’s mental health.

If convicted of the highest charge, Thomas faces a maximum sentence of 7 years in prison.

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

The case is being prosecuted by Assistant District Attorney Christine M. Garvey 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.