Erie County District Attorney John J. Flynn announces that a 16-year-old male from Buffalo was arraigned this morning before Youth Part Judge Brenda Freedman on one count of Criminal Possession of Stolen Property in the Fourth Degree (Class “E” felony) and one count of Unauthorized Use of a Motor Vehicle in the Third Degree (Class “A” misdemeanor).

It is alleged that on Monday, October 24, 2022, at approximately 6:45 a.m., the defendant was operating a vehicle, without the owner’s consent, on the inbound Kensington Expressway when the crash occurred near the entrance to the westbound Scajaquada Expressway. The vehicle, a Kia Sportage, had been reported stolen earlier that morning from Marine Drive in the City of Buffalo. All five passengers were ejected from the vehicle upon impact.

Three of the passengers, a 17-year-old male, 16-year-old male and a 14-year-old female, were pronounced dead at the scene. A fourth passenger, a 19-year-old male, died at ECMC. The fifth passenger, a 14-year-old female, remains hospitalized at ECMC with serious physical injuries. The adolescent offender was treated for minor injuries and released from the hospital.

At this time, the crash remains an active investigation and additional charges may be filed against the accused driver. Today, prosecutors served a 190.50 notice to defense counsel, indicating that the matter has been scheduled for the Grand Jury.

The adolescent offender is scheduled to return on Monday, December 12, 2022 at 11:00 a.m. for further proceedings. He was released under supervision with an ankle monitor device.

Judge Freedman issued a temporary order of protection on behalf of the surviving victim.

DA Flynn commends Buffalo Police Department Accident Investigation Unit for their work in this ongoing investigation. 

The case is being prosecuted by Chief Paul J. Glascott of the Vehicular Crimes Unit, Assistant District Attorney Lucas Fromen of the Justice Courts Bureau and Assistant District Attorney Christine O. Murray of the Vehicular Crimes Unit.

As are all persons accused of a crime, the adolescent offender is presumed innocent until proven guilty in a court of law.