Prosecutors Add New Charge and Reduce Original Charge Against New Era Cap Company CEO for Reckless Incident Outside North Buffalo Restaurant

Modified: September 29, 2022 1:45pm

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STATEMENT (9/29/2022):

“Today, our office received a written decision from Buffalo City Court Judge Andrew C. LoTempio, which granted defense counsel’s motion to dismiss the charges against Christopher Koch in the interest of justice. While our office did oppose the motion, we cannot comment further as the case is now sealed by operation of law."

PRESS RELEASE (6/14/2022):

Erie County District Attorney John J. Flynn announces that 61-year-old Christopher H. Koch of Buffalo appeared in Buffalo City Court this morning before Judge Andrew C. LoTempio for a scheduled felony hearing. Upon further investigation into the alleged crime, the Erie County District Attorney’s Office determined that the felony charge could not be proven beyond a reasonable doubt in a court of law.

Today, The Erie County District Attorney’s Office reduced the felony charge to one count of Reckless Endangerment in the Second Degree (Class “A” misdemeanor). Prosecutors also filed an additional charge against the defendant. Koch was arraigned this morning on one count of Criminal Mischief in the Fourth Degree (Class “A” misdemeanor). 

It is alleged that on Saturday, May 7, 2022, at approximately 8:36 p.m., the defendant and the male victim were involved in an argument in a parking lot outside of a restaurant on Delaware Avenue near Delham Avenue in the City of Buffalo.

When the victim approached the defendant’s vehicle, the defendant is accused of recklessly engaging in conduct that created a substantial risk of serious physical injury to another person by driving his vehicle toward the victim. The victim allegedly jumped out of the way to avoid being hit, but suffered a minor injury to his right hand.

The defendant’s alleged actions caused his vehicle to hit the passenger side of the victim’s parked vehicle. The defendant is accused of recklessly damaging the property of another person in an amount that exceeded $250. The defendant is accused of causing $7,232.35 in damage to the victim’s vehicle.

Koch is scheduled to return on Tuesday, July 19, 2022 at 9:30 a.m. for further proceedings. The defendant remains released on his own recognizance as the charges are non-qualifying offenses for bail.

If convicted of the charges, Koch faces a maximum sentence of one year in jail.   

A temporary no-contact order of protection remains in effect on behalf of the victim.

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

The case is being prosecuted by Assistant District Attorney Christine O. Murray 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.