Erie County District Attorney John J. Flynn announces that Erie County Court Judge Suzanne Maxwell Barnes has found 37-year-old Derrick C. Warburton, II of Cheektowaga guilty of one count of Endangering the Welfare of an Incompetent/Physically Disabled Person in the First Degree (Class “E” felony). The defendant was found guilty of the only count in the indictment against him following a one-day bench trial that occurred on January 7, 2022. 

On April 23, 2019, at approximately 10:00 p.m., the defendant, while working as a behavior support technician at a residential facility in the City of Lackawanna, was providing care to a juvenile resident with autism when he knowingly acted in a matter likely to be injurious to the physical welfare of the victim. While attempting to calm and dress the victim, who was in an aggressive state, the defendant intentionally hit and kicked the victim. Another caregiver witnessed the incident.

Warburton faces a maximum of four years in prison when he is sentenced on Thursday, April 14, 2022 at 2:00 p.m. He continues to remain released on his own recognizance as the charge is non-qualifying for bail.

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

The case was prosecuted by Assistant District Attorney Christine M. Garvey of the Felony Trials Bureau.