Erie County District Attorney John J. Flynn announces that 38-year-old David J. Sekuterski of Cheektowaga was arraigned yesterday before Erie County Court Judge James Bargnesi, acting as a West Seneca Town Court Justice, on one count of Burglary in the First Degree, a Class “B” felony, two counts of Criminal Contempt in the First Degree in Violation of an Order of Protection, Class “E” felonies, one count of Menacing in the Third Degree, a Class “A” misdemeanor, and one count of Criminal Mischief in the Fourth Degree, a Class “A” misdemeanor.

It is alleged that on April 1, 2020, at approximately 5:03 a.m., West Seneca Police officers responded to an address on Oakridge Drive where the defendant had unlawfully entered an apartment in violation of an order of protection that was in effect from a prior arrest. 

It is further alleged that Sekuterski, armed with a kitchen knife, threatened the victim and stabbed cushions of the couch. The victim was able to lock herself in another room and the defendant allegedly fled. He was apprehended a short time later by West Seneca Police officers. 

It is also alleged that on February 15, 2020, Sekuterski unlawfully entered the same apartment and threatened the victim with a knife. He is accused of assaulting the victim throughout the night then sexually assaulting her. The defendant allegedly broke the victim’s cell phone during the attack, preventing her from calling for help. 

Sekuterski was arrested and charged with one count of Burglary in the First Degree, a Class “B” felony, one count of Criminal Sexual Act in the First Degree, a Class “B” felony, one count of Kidnapping in the Second Degree, a Class “B” felony, one count of Strangulation in the Second Degree, a Class “D” felony, one count of Unlawful Imprisonment in the First Degree, a Class “E” felony, one count of Assault in the Third Degree, a Class “A” misdemeanor, one count of Criminal Mischief in the Fourth Degree, a Class “A” misdemeanor, and one count of Menacing in the Second Degree, a Class “A” misdemeanor.  

Sekuterski was arraigned on February 16, 2020 by Cheektowaga Town Court Justice David M. Stevens and bail was set at $1,500 cash or $7,500 unsecured bond. Sekuterski later posted bail and was released from custody with a Complete Stay Away Order of Protection. “This was a weekend arraignment and no one from my office was present for this arraignment.  Obviously, we would have vehemently opposed the bail that was set,” said Erie County District Attorney John Flynn.

At his arraignment yesterday on the second set of charges, Judge Bargnesi set bail at $25,000.  Today, the Erie County DA’s Office submitted a bail application requesting that Sekuterski be remanded based on his criminal history, the facts and circumstances that generated the initial order of protection, the defendant’s violation of that order in the current case, and for the safety of the victim. Today, Judge Bargnesi granted the application, and Sekuterski was remanded (without bail) to the custody of the Erie County Sheriff’s Office.  

Sekuterski is scheduled to return on Wednesday, April 29, 2020 at 9:30 a.m. for a felony hearing. 

If convicted on all charges, he faces a maximum of 50 years in prison. 

DA Flynn commends the West Seneca Police Department for their work in the investigation and quick apprehension of the defendant. 

The case is being prosecuted by Assistant District Attorney Gina Gramaglia of the DA’s Domestic Violence Bureau. 

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