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LEANDRA'S LAW AND ENDANGERING THE WELFARE OF A CHILD


January 17, 2013-  Erie County Sheriff Timothy B. Howard reports that a single car accident resulted in the arrest of the driver and passengers of the car on Thursday night.      

         While on patrol in the Town of Elma at about 9:30pm Deputies Rich O’Neil and John Szczepanski with assistance from Trooper Chad Barry responded to a report of vehicle sliding off of Route 400 in the southbound lane and an altercation breaking out amongst the occupants of the vehicle.

      Upon patrol’s arrival they found the occupants scattered on the median of the highway in the snow.  The driver, Maximillian M. Mathis of Williamsville, was observed to be in an intoxicated condition.  He was evaluated by Deputy Simon Biegasiewicz, a Drug Recognition Expert.  After the evaluation Mathis was charged with a Felony DWI-Drugs Leandra’s Law violation as well as Endangering the Welfare of a Child and numerous traffic violations.  The Leandra’s Law violation is a result of there being a two-month-old baby in the car when he was driving while intoxicated.  The parents of the two-month old were also charged with Endangering the Welfare of a Child.  Daniel Hart and Angela Mead, of Wood Avenue in Buffalo, were charged because they knowingly allowed their child to be driven by someone they knew to be under the influence of drugs. 

         Fire and First Aid crews from Spring Brook Fire Company responded and treated everyone involved.  After evaluation all parties signed-off, refusing any medical treatment.  The infant was turned over to a family member while all the parties were taken to the Sheriff’s Elma substation to be processed for arrest.  They will appear in Elma Town Court to face these charges in February.  Additionally, the Deputies notified Child Protective Service who will conduct their own investigation to ensure the safety of the child as a result of the Endangering charges.