Modified: December 3, 2021 11:57am
UPDATE (November 5, 2021): This matter was transferred to Family Court where the teen will be adjudicated as a juvenile offender.
Erie County District Attorney John J. Flynn announces that a 17-year-old male from Buffalo was arraigned last Thursday before Youth Part Judge Kelly Brinkworth on the following charges:
- One count of Criminal Possession of a Weapon in the Second Degree (Class “C” felony)
- One count of Criminal Possession of a Weapon in the Third Degree (Class “D” felony)
- One count of Obstruction of Governmental Administration in the Second Degree (Class “A” misdemeanor)
It is alleged that on Wednesday, September 8, 2021, at approximately 3:53 p.m., Cheektowaga Police responded to a report of a male with a handgun at the Walden Galleria. The officer located the adolescent offender, who matched the description provided by the 911 caller, in the food court. The adolescent offender allegedly did not comply with multiple verbal commands and fought with the officer while being placed under arrest. A loaded, illegal handgun was allegedly recovered from the adolescent offender’s waistband.
The adolescent offender is being held at the Erie County Youth Service Center on $25,000 bail. He is scheduled to return on Tuesday, October 5, 2021 at 11:30 a.m. for further proceedings.
The Erie County District Attorney’s Office will file a motion to prevent the case from being adjudicated in Family Court.
“This teenager is accused of bringing an illegal, loaded handgun into one of the busiest areas of the mall. While I am thankful that no one was injured during this incident, I am committed to keeping the Walden Galleria a safe place for people to gather. Due to the severity of these charges, I am filing a motion to ensure that this case remains in Youth Part. If you are found in possession of an illegal gun, you will be prosecuted to the fullest extent of the law,” said Erie County District Attorney John Flynn.
Members of the Buffalo Peacemakers and the Cheektowaga Police Department are on-site at the Walden Galleria on Friday and Saturday for additional security.
DA Flynn commends the Cheektowaga Police Department for their work in the investigation.
The case is being prosecuted by Chief Danielle D’Abate of the Training and Community Prosecution Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.