Driver Indicted for Fleeing the Scene After Fatally Injuring Pedestrians in Town of Cheektowaga

Modified: February 22, 2023 10:40am

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Erie County District Attorney John J. Flynn announces that 32-year-old Frankie C. Hauser of West Seneca was arraigned yesterday morning before State Supreme Court Justice Betty Calvo-Torres on an indictment charging him with one count of Leaving the Scene of an Incident Without Reporting Resulting in Death (Class “D” felony).  

It is alleged that on Saturday, February 26, 2022, at approximately 11:45 p.m., the defendant was driving a Jeep Patriot on Clinton Street in the Town of Cheektowaga when he hit a pedestrian who was walking underneath the I-90 bridge. The victim was traveling along the side of the road, with the assistance of a walker, when he was allegedly hit by the defendant’s vehicle from behind. The defendant is accused of leaving the scene without reporting the incident to police.

Another motorist saw the severely injured victim lying in the road and called 911. The victim, 64-year-old Paul Kitchen of Buffalo, was taken by ambulance to ECMC where he died from his injuries.

Prosecutors argued that the defendant should be held on bail. Hauser was released on his own recognizance. A return court date has not been scheduled at this time.

If convicted of the charge, Hauser faces a maximum sentence of 7 years in prison.

DA Flynn commends the Cheektowaga Police Department Accident Investigation Unit and Erie County Central Police Services for their work in this investigation.

The case is being prosecuted by Assistant District Attorney Christopher M. McCarthy of the Vehicular Crimes Unit.

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