Erie County District Attorney John J. Flynn announces that 28-year-old Dwayne Borden of Buffalo has been sentenced by Erie County Court Judge Susan Eagan to a determinate sentence of 10 years in prison followed by 5 years of post-release supervision.

On Sunday, July 7, 2019, at approximately 8:30 p.m., the defendant and another person entered a Burger King on Broadway near Woltz Avenue in the City of Buffalo. The victim, who was working as a security guard, directed the two men, who appeared intoxicated, to leave the restaurant. When the men refused to leave the property, the victim escorted them to the edge of the parking lot. The defendant crossed the street, then turned, and fired several shots from his pistol. One of the bullets hit the victim once in the thigh.

Borden fled to a nearby house where he was quickly located and apprehended by police, but the pistol was not recovered. Several days later, officers returned to the house where they again conducted a search and found the illegal pistol.

The victim, who lost a massive amount of blood, was taken to ECMC to be treated for the gunshot wound and survived his injury.

Borden pleaded guilty to one count of Assault in the First Degree, a Class “B” violent felony, and one count of Criminal Possession of a Weapon in the Second Degree, a Class “C” felony, on November 7, 2019.

DA Flynn commends the Buffalo Police Department for their immediate response, which resulted in the suspect being quickly located and safely taken into custody. The DA also recognizes the work of Officers Ron Ammerman, Jake Giarrano, and Padriac Allman who continued to work this case even after the arrest, and eventually recovered the pistol used in this senseless act of violence.

The case was prosecuted by Assistant District Attorneys Ryan D. Haggerty and Brian D. Langenfeld of the DA’s Tactical Prosecution Unit.