Erie County District Attorney John J. Flynn announces that 33-year-old Andrew J. Marsh of Buffalo was arraigned this morning before Buffalo City Court Judge Shannon M. Heneghan on one count of Making a Terroristic Threat (Class “D” felony) and one count of Criminal Possession of a Controlled Substance in the Seventh Degree (Class “A” misdemeanor).

It is alleged that on Tuesday, May 17, 2022, at approximately 3:16 p.m., a store manager asked the defendant to leave the grocery store, located on the 2100 block of Elmwood Avenue in the City of Buffalo, after he allegedly harassed another customer. The defendant allegedly made a threat, with the intent to intimidate or coerce that created a reasonable expectation of fear, toward the manager and two employees that referenced the shooting that occurred at Tops Friendly Markets on Jefferson Avenue. 

It is further alleged that when officers responded to investigate the incident, a small amount of suspected heroin was found inside of the defendant’s pants pocket. The defendant was placed under arrest and held pending his arraignment this morning.

Marsh is scheduled to return on Thursday, May 19, 2022 at 9:30 a.m. for a felony hearing. Prosecutors requested that the defendant be held pending the results of a forensic examination, which was denied by the Court. The defendant was released on his own recognizance as the charges are non-qualifying offenses for bail.

Judge Heneghan issued temporary no-contact orders of protection on behalf of the three victims, which includes their place of employment.  

“This defendant is accused of threatening employees at another supermarket while we continue to investigate this horrific shooting and grieve this tragedy. Again, I remind all that any threat will be thoroughly investigated and prosecuted to the fullest extent of the law,” said Erie County DA John Flynn.

If convicted of all charges, Marsh faces a maximum sentence of 7 years in prison.

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

The case is being prosecuted by Assistant District Attorney Briana R. D. Miller of the Felony Trials Bureau.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.