Erie County District Attorney John J. Flynn announces that 20-year-old David J. Smith of Buffalo pleaded guilty this morning before Erie County Court Judge James Bargnesi to one count of Attempted Murder in the Second Degree (Class “B” violent felony) and one count of Criminal Possession of a Weapon in the Second Degree (Class “C” violent felony). The defendant pleaded guilty to the highest charges in the indictment against him.

On Thursday, March 24, 2022, at approximately 6:35 p.m., U.S. Custom and Border Protection officers witnessed the defendant driving a vehicle the wrong way on Peace Place near the Peace Bridge. While conducting a traffic stop, border patrol agents saw a handgun in plain view on the floor of the backseat of the vehicle behind where the defendant was seated. Investigators recovered an illegal, loaded handgun.

The defendant was initially arraigned before Buffalo City Court Judge Carrie Phillips on one count of Criminal Possession of a Weapon in the Second Degree on March 25, 2022. He was released after posting bail set at $10,000 cash, bond, property or partially secured bond.

On May 31, 2022, at approximately 8:11 p.m., the defendant, with the intent to the cause the death of the victim, fired multiple shots into a store on the 300 block of Hopkins Street in the City of Buffalo. The victim was shot as the defendant fired through the glass door. The victim was taken by ambulance to ECMC where he was treated for injuries to his lower leg and foot. The defendant was later arrested.

Smith was arraigned before Buffalo City Court Judge Diane Wray on one count of Attempted Murder in the Second Degree, one count of Assault in the Second Degree and one count of Criminal Possession of a Weapon in the Second Degree on June 2, 2022. He was held without bail. 

Smith faces a maximum of 40 years in prison when he is sentenced on Thursday, January 5, 2023 at 9:30 a.m. He continues to be held without bail.

DA Flynn commends the Buffalo Police Department for their work in this investigation.   

The case was prosecuted by Assistant District Attorney John G. Schoemick of the Major Crimes Bureau and Assistant District Attorney Nicholas J. Marino of the Felony Trials Bureau.