Erie County District Attorney Michael J. Keane announces that Mark G. Whalen, 32, of Town of Hamburg, pleaded guilty this morning before Erie County Court Judge Sheila A. DiTullio to all counts in the indictment after a jury had been selected for his trial. Whalen pleaded guilty, as charged, to the following offenses:
- One count of Manslaughter in the Second Degree (Class C felony)
- One count of Leaving the Scene of an Incident Resulting in Death (Class D felony)
- One count of Grand Larceny in the Third Degree (Class D felony)
- One count of Reckless Driving (unclassified misdemeanor)
- One count of Unlawfully Fleeing a Police Officer of a Motor Vehicle in the Third Degree (unclassified misdemeanor)
- Seven counts of Leaving the Scene of an Incident Resulting in Property Damage (violations)
On Monday, November 11, 2024, at approximately 7:52 p.m., Town of Evans Police received calls regarding a minivan that was speeding and crossing into the oncoming lane of traffic. One of the 911 callers reported being the victim of a rear-end hit-and-run collision caused by the suspect vehicle.
A short time later, Town of Hamburg Police patrol officers attempted to stop a minivan that matched the description provided to the 911 dispatcher, traveling erratically at a high rate of speed. The defendant unlawfully fled police by refusing to stop for a marked patrol vehicle with activated lights and sirens while recklessly operating the minivan. Police terminated their pursuit when the suspect vehicle continued to travel north onto the Route 5 Skyway.
A short time later, the defendant caused a crash with a second occupied vehicle at the intersection of Delaware Avenue and Church Street in the City of Buffalo. The defendant drove away from the scene after the crash. He caused another collision with a third vehicle on Delaware Avenue and Summer Street then continued to drive northbound on Delaware Avenue.
The defendant left the scene after he caused a fourth collision on Delaware Avenue near North End Avenue in the Village of Kenmore and continued to recklessly drive northbound on Delaware Avenue. The defendant failed to stop at a red light and caused a fifth collision with a vehicle at the intersection of Sheridan Drive in the Town of Tonawanda. The defendant left the scene of the property damage incident and continued to drive north into the City of Tonawanda.
At approximately 8:15 p.m., the defendant, while operating the minivan, hit a pedestrian who was crossing Delaware Street near Benton Street in the City of Tonawanda. The victim, 40-year-old Terrence Wyatt, died from the injuries. The defendant recklessly caused the death of the victim and drove away from the scene without reporting the incident to police.
A short time later, the defendant caused a rear-end collision with a sixth vehicle, a pickup truck, near the intersection of Delaware Street and Young Street in the City of Tonawanda. After the crash disabled the defendant’s minivan, he stole the victim’s pickup truck and fled the area. The defendant was taken into custody a short time later after he caused a collision with a seventh vehicle and attempted to carjack the driver in North Tonawanda.
Whalen faces a maximum of 20 years in prison when he is sentenced as a second felony offender on Friday, November 7, 2025, at 11:00 a.m. He remains held without bail.
DA Keane commends the City of Tonawanda Police Department, North Tonawanda Police Department, Town of Hamburg Police Department, Town of Tonawanda Police Department, Town of Evans Police Department and all other assisting agencies for their work in this investigation.
The case was prosecuted by Assistant District Attorneys Christopher M. McCarthy and Mitchell T. Schoellkopf of the Vehicular Crimes Bureau as well as Assistant District Attorney Denise A. Herman of the Special Investigations and Prosecutions Bureau.