Erie County District Attorney John J. Flynn announces that his office continues to investigate the case against 24-year-old Avery Hunter of Buffalo.

The Erie County DA’s Office was notified this morning that the victim, 59-year-old Michael Zuch, passed away. The Erie County Medical Examiner’s Office will conduct an autopsy to determine his cause of death.

It is alleged that on Sunday, August 4, 2019, at approximately 1:52 a.m., the victim was walking in the vicinity of Grove Place and Grove Street in the City of Tonawanda when he was confronted by the defendant. A brief verbal altercation allegedly ensued between the victim and the defendant who were not known to each other. After the two departed in opposite directions, the defendant, who was riding a bicycle, allegedly turned around and confronted the victim a second time. Hunter is accused of punching the victim in the face.

The victim fell to the ground and hit his head on the sidewalk, which rendered him unconscious. He spent several weeks at ECMC to be treated for multiple serious injuries before being transferred to a rehabilitation center.

Hunter was charged by City of Tonawanda Police with one count of Assault in the Second Degree, a Class “D” felony. He was released on $2,500 cash bail posted on August 7, 2019 in City of Tonawanda Court.

The case was scheduled to be presented before a Grand Jury this morning. Due to the death of the victim, the matter is now being further investigated.

DA Flynn commends the City of Tonawanda Police Department for their work in the investigation, including Officers Bentley, Kirkwood, and Gallivan. 

The case is being prosecuted by Assistant District Attorney James M. Marra of the DA’s Felony Trials Bureau and Chief Colleen Curtin Gable of the DA’s Homicide Bureau.

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