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Buffalo Man Pleads Guilty for Making False Excessive Force Complaint Against Police Officer

Erie County District Attorney John J. Flynn announces that 30-year-old Treviaco D. Calhoun of Buffalo pleaded guilty yesterday before State Supreme Court Justice Debra Givens to one count of Assault in the Second Degree (Class “D” violent felony) and one count of Falsely Reporting an Incident in the Third Degree (Class “A” misdemeanor). The defendant pleaded guilty to the highest sustainable charges in two separate criminal cases. 

On August 22, 2022, the defendant knowingly filed a false complaint against a Buffalo Police officer with the department’s Internal Affairs Division. The defendant stated in a verbal complaint filed over the phone that the police officer punched and body slammed him while placing him under arrest for a disorderly conduct-related incident on August 19, 2022. An investigation by our office and the Buffalo Police Department determined that the information given in the defendant’s sworn statement was false.

On February 26, 2023, at approximately 5:58 a.m., the defendant, while at ECMC, punched a hospital public safety manager in the face and placed the victim in a chokehold. The victim suffered an injury to his face. 

Calhoun was initially arraigned later the same morning in Buffalo City Court. Prosecutors requested that the defendant be remanded. Bail was set at $5,000 cash, bond or partially secured surety bond. In June 2023, Calhoun was arraigned on an indictment, charging him with one count of Assault in the Second Degree (Class “D” felony). He was held on bail set at $50,000 cash, bond or partially secured surety bond.

Calhoun faces a maximum of 7 years in prison when he is sentenced on Monday, January 22, 2024 at 2:00 p.m. He was held without bail pending sentence. 

DA Flynn commends the Buffalo Police Department for their work in these investigations. 

The cases were prosecuted by Assistant District Attorney Peter M. Pinelli of the Felony Trials Bureau, Assistant District Attorney Milton D. Gordon of the Felony Trials Bureau and Chief Gary M. Ertel of the Public Integrity Unit. 

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