Acting Erie County District Attorney Michael J. Keane announces that 47-year-old Joseph M. Folvarcik of Buffalo was arraigned yesterday before Erie County Court Judge Sheila A. DiTullio on an indictment charging him with one count of Rape in the First Degree (Class “B” violent felony) and one count of Sexual Misconduct (Class “A” misdemeanor).
It is alleged that on the evening of Sunday, January 21, 2024, the defendant, while working as an independent livery driver, transported the victim from a bar in the Town in Orchard Park to his residence in the City of Buffalo. The defendant is accused of engaging in sexual intercourse with the victim without their consent. The victim was allegedly incapable of consent by reason of being physically helpless due to intoxication. The defendant was not known to the victim.
Prosecutors requested that the defendant be remanded. Folvarcik was released on bail set at $75,000 cash or bond. A temporary order of protection was issued on behalf of the victim. A return court date has not been scheduled at this time.
If convicted of the highest count, Folvarcik faces a maximum sentence of 25 years in prison.
Acting DA Keane commends Detective Larry Brand of the Orchard Park Police Department, members of the Buffalo Police Department, Erie County Central Police Services Forensic Laboratory, and District Attorney’s Office Confidential Criminal Investigator Robert Yeates for their work in this investigation.
The case is being prosecuted by Assistant District Attorney Daniel J. Mattle of the Special Victims/Domestic Violence Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.