Defendant Pleads Guilty to All Charges for Shooting Backseat Passenger While Driving on Kensington Expressway

Modified: June 15, 2021 3:56pm

6/15/2021

Erie County District Attorney John J. Flynn announces that 31-year-old Timothy D. Eatmon, Jr. of Buffalo pleaded guilty this afternoon before Erie County Court Judge Susan Eagan to one count of Attempted Murder in the Second Degree (Class “B” violent felony), two counts of Criminal Possession of a Weapon in the Second Degree (Class “C” violent felonies), and one count of Assault in the Second Degree (Class “D” felony). The defendant pleaded guilty, as charged, to all counts in the indictment against him.

On February 1, 2020, at approximately 2:00 a.m., the defendant was driving inbound on the Kensington Expressway when he intentionally shot the victim multiple times, with the intent to cause his death, with an illegal firearm. The victim was sitting in the backseat of the defendant’s vehicle during the attack.

The victim was able to escape from the vehicle. He was taken to the hospital by a Good Samaritan who saw him injured on the side of the highway. The victim spent several days at ECMC, but survived the shooting.

Eatmon faces a maximum of 25 years in prison when he is sentenced on Thursday, July 29, 2021 at 10:00 a.m. The defendant was remanded pending sentence.

DA Flynn commends Officer Sean Mulhern, Officer Byron Stuckey, Detective Natasha Anderson, and Detective Nicole Krug of the Buffalo Police Department for their work in the investigation.  

The case was prosecuted by Assistant District Attorney John P. Gerken, Jr. of the DA’s Tactical Prosecution Unit.