Off-Duty Customs and Border Protection Officer Arraigned for Menacing Victim with Handgun

Modified: November 22, 2022 7:29pm

11/22/2022

Erie County District Attorney John J. Flynn announces that 39-year-old Derek J. Gentner of Orchard Park has been arraigned on one count of Menacing in the Second Degree (Class “A” misdemeanor). The defendant was arraigned before Hamburg Town Court Justice Carl W. Morgan on Thursday, November 17, 2022.

It is alleged that on Sunday, November 6, 2022, at approximately 1:48 a.m., the defendant followed the victim as he drove out of a motel parking lot and headed northbound on Camp Road in the Town of Hamburg. The male victim called 911 to report that as the defendant drove in the left-hand passing lane, he allegedly pulled alongside the victim’s vehicle and displayed a handgun. The defendant is accused of pointing the weapon out of his passenger side window toward the victim near Scranton Road, which placed the victim in reasonable fear of physical injury or death. The alleged crime followed an incident involving the defendant and a female at the motel.

After the alleged incident, the victim made a U-turn and drove southbound on Camp Road. The defendant allegedly continued to follow the victim in his vehicle into the Village of Hamburg before stopping on Lakeview Road. The victim met with police officers a short distance away.

Police initiated a traffic stop on Lake Street and Haviland Place where the defendant was arrested. The defendant, an officer with U.S. Customs and Border Protection who was off-duty at the time of the alleged incident, is accused of menacing the victim with his issued firearm.

Gentner is scheduled to return on Friday, January 13, 2023 at 10:00 a.m. for further proceedings. He was released on his own recognizance as the charge is a non-qualifying offense for bail. Justice Morgan issued a temporary no-contact order of protection on behalf of the victim.

If convicted of the charge, Gentner faces a maximum sentence of one year in jail. The investigation into this incident remains ongoing and additional charges may be filed.

DA Flynn commends the Town of Hamburg Police Department and the Village of Hamburg Police Department for their work in this investigation.

This case is being prosecuted by Assistant District Attorney Andrew S. Criado 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.