Gunman Receives Prison Sentence for Shooting Backseat Passenger While Driving on Kensington Expressway

Modified: August 4, 2021 2:35pm

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Erie County District Attorney John J. Flynn announces that 31-year-old Timothy D. Eatmon, Jr. of Buffalo was sentenced this morning before Erie County Court Judge Susan Eagan to a determinate sentence of 12 years in prison followed by 3 years of post-release supervision.  

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, 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.

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

Eatmon pleaded guilty 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 June 15, 2021.

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 Tactical Prosecution Unit.