Erie County District Attorney Michael J. Keane announces that Daniel J. Abbotoy, 26, of Niagara Falls, was arraigned this morning before State Supreme Court Justice Debra Givens on an indictment charging him with one count of Manslaughter in the First Degree (Class “B” violent felony).
It is alleged that on Tuesday, April 1, 2025, at approximately 12:00 p.m., the defendant intentionally caused serious physical injury to another program participant, which resulted in her death. The victim, 56-year-old Diana Robinson of Amherst, died at ECMC on Tuesday, April 15, 2025.
On the evening of April 1, 2025, Abbotoy was initially arraigned before Tonawanda Town Court Justice J. Mark Gruber on one count of Assault in the First Degree (Class “B” violent felony). He was held without bail pending the results of a forensic examination.
The forensic examination was recently completed. The defendant was found not competent to proceed to trial. Today, Justice Givens signed a temporary order of commitment, which requires the defendant to remain in the custody of the Office for People with Developmental Disabilities until he is returned to competency. The matter is scheduled for a report back on Wednesday, August 6, 2025, at 9:30 a.m.
DA Keane commends Detective Mark Muscoreil, Detective Frank DiRienzo and members of the Town of Tonawanda Police Department for their work in this investigation.
The case is being prosecuted by Chief Danielle N. D’Abate of the Felony Trials Bureau and Senior Trial Counsel/Training Chief Colleen Curtin Gable.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.