Former Cattaraugus County Man Indicted on Felony Charge for Failure to Appear in Court on Hate Crime Case

Modified: December 30, 2022 2:55pm

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12/30/2022

Erie County District Attorney John J. Flynn announces that 50-year-old Michael J. Cremen of Mountain Home, Arkansas appeared this morning before State Supreme Court Justice M. William Boller. The defendant was taken into custody in Arkansas by the Baxter County Sheriff’s Office on an outstanding bench warrant and an indictment warrant. Cremen was brought back to Western New York by the U.S. Marshals Service earlier this week to face prosecution.

Our office previously announced that Cremen, whose last known address was in Franklinville, New York, was indicted on one count of Menacing in the Second Degree as a Hate Crime (Class “E” felony) and one count of Harassment in the Second Degree (violation). He was released on his own recognizance following his arraignment on July 2, 2021.

It is alleged that on Friday, August 28, 2020, at approximately 6:30 p.m., the defendant threatened protesters with a knife, while using racial slurs, during a demonstration on Hertel Avenue near Parkside Avenue in the City of Buffalo. The defendant allegedly pushed and made threats toward one protester during the incident.

The defendant, who was released on his own recognizance in the initial case, is accused of repeatedly failing to appear in court on a scheduled date. The defendant is accused of knowingly failing to appear for a court proceeding on February 14, 2022. It is further alleged that the defendant failed to appear in court again for the re-scheduled appearance a month later.

Cremen was arraigned this morning before Justice Boller on an indictment charging him with one count of Bail Jumping in the Second Degree (Class “E” felony). Cremen was indicted on the charge by a Grand Jury in early May 2022. An indictment warrant was issued for his arrest on May 5, 2022.

Cremen is scheduled to return on both cases on Tuesday, January 3, 2023 at 9:30 a.m. for an attorney appearance. He was remanded without bail.

If convicted of the highest charge in both cases, Cremen faces a maximum sentence of 8 years in prison.

DA Flynn commends the Buffalo Police Department for their work in these investigations. DA Flynn also acknowledges the Baxter County Sheriff’s Office, Cattaraugus County Sheriff’s Office, New York State Police, U.S. Marshals Service Fugitive Task Force and our office’s Confidential Criminal Investigators for their efforts to locate the defendant.

The case is being prosecuted by Chief Justin T. Wallens 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.