Erie County District Attorney John J. Flynn announces that State Supreme Court Justice Mark A. Montour has found 51-year-old Erich Nikischer of West Seneca guilty of one count of Criminal Obstruction of Breathing, a Class “A” misdemeanor, following a two-day bench trial.

On August 2, 2018, at approximately 9:30 p.m., the defendant and his wife were arguing inside their West Seneca home when the defendant began to choke her with his hands. The victim was able to escape from the house and flag down a passing motorist who called 911.

Nikischer faces a maximum of 1 year in jail when he is sentenced on Friday, December 13, 2019 at 9:30 a.m. He remains released on his own recognizance.

DA Flynn commends Officer Travis Duebell, Lt. Brian Cosgrove and the Crisis Negotiation Team of the West Seneca Police Department for their work in the investigation.

The case was prosecuted by Assistant District Attorney Rebecca Schnirel of the DA’s Domestic Violence Bureau and Assistant District Attorney Christopher Safulko of the DA’s Felony Trials Bureau.