Erie County District Attorney Michael J. Keane announces that Dareious T. Akbar, 21, of Buffalo, was sentenced this morning before Erie County Court Judge Kenneth Case to 15 years in prison followed by 5 years of post-release supervision.
On Monday, May 29, 2023, at approximately 8:00 p.m., Town of Tonawanda police officers initiated a traffic stop for a vehicle that drove through a red light at the intersection of Sheridan Drive and Sheridan-Parkside Drive. Earlier that day, the vehicle, a 2019 Kia Sportage, was reported stolen from the Village of East Aurora.
During the traffic stop, the defendant abruptly drove off. The defendant refused the officer’s commands to stop and continued to drive at a high rate of speed with the police officer hanging onto the side of vehicle. The defendant accelerated causing the officer to fall and strike his head on the pavement. The victim, Officer David Piatek, was taken by ambulance to ECMC where he was treated for a head injury and other serious physical injuries.
On June 6, 2024, Judge Case issued a decision dismissing three counts of the indictment, which included one count of Attempted Murder in the First Degree (Class “A-I” felony), one count of Aggravated Assault Upon a Police Officer, and one count of Assault in the First Degree (Class “B” violent felonies). Our office appealed the Court’s decision to the Fourth Judicial Department Appellate Division of the Supreme Court of the State of New York.
In July 2024, Akbar pleaded guilty to two counts of Assault in the First Degree (Class “B” violent felonies), one count of Assault Upon a Police Officer (Class “C” violent felony), one count of Criminal Possession of Stolen Property in the Third Degree (Class “D” felony) and one count of Unauthorized Use of Motor Vehicle in the Third Degree (Class “A” misdemeanor). The defendant pleaded guilty to two assault charges under the different legal theories of acting recklessly evincing a depraved indifference to human life and causing serious physical injuries to the victim during the commission of a felony.
The Court denied our office’s request to adjourn sentencing until after April 7th, when the appeal of this Court’s decision to dismiss the highest counts in the indictment will be heard by the Appellate Division. Our office also joined the victim’s request that the defendant receive the maximum sentence of 25 years in prison for these Assault convictions. Unfortunately, the Court imposed a significantly lower sentence for this crime, which resulted in serious injuries to a police officer,” Erie County DA Mike Keane.
DA Keane commends the Town of Tonawanda Police Department for their work in this investigation.
The case was prosecuted by Chief Paul J. Glascott of the Justice Courts Bureau, Assistant District Attorney Bethany A. Solek of the Vehicular Crimes Bureau, and Assistant District Attorney April J. Orlowski of the Appeals Bureau.