Driver Indicted for Shooting Backseat Passenger While Driving on Kensington Expressway

Modified: March 8, 2021 3:35pm

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Erie County District Attorney John J. Flynn announces that 31-year-old Timothy D. Eatmon, Jr. of Buffalo has been arraigned before Erie County Court Judge Susan Eagan on an indictment charging him with one count of Attempted Murder in the Second Degree, a Class “B” violent felony, one count of Criminal Possession of a Weapon in the Second Degree, a Class “C” violent felony, and one count of Assault in the Second Degree, a Class “D” felony.

It is alleged that on February 1, 2020, at approximately 2:00 a.m., the defendant was driving inbound on the Kensington Expressway when he shot the victim multiple times as the victim was sitting in the backseat of the vehicle. The victim was able to escape from the vehicle. He was taken to the hospital by a Good Samaritan who saw him on the side of the highway. The victim spent several days at ECMC, but survived the shooting.

Eatmon is scheduled to return on Wednesday, October 21, 2020 at 10 a.m. for motions. He was remanded without bail.

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

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

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