Erie County District Attorney John J. Flynn announces that State Supreme Court Justice Mark A. Montour sentenced 51-year-old Erich Nikischer of West Seneca to 3 years probation.

 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.

Judge Montour found Nikischer guilty of one count of Criminal Obstruction of Breathing, a Class “A” misdemeanor, following a two-day bench trial on October 2, 2019.

As part of the sentencing, Judge Montour issued a 5 year no-contact order of protection on behalf of the defendant’s ex-wife and a 3 year no-contact order of protection on behalf of the defendant’s step-daughter.

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.