Erie County District Attorney John J. Flynn announces that 28-year-old Joseph Jurek of Alden has been sentenced by Erie County Court Judge Kenneth Case to a determinate sentence of 4 years in prison followed by 2 years of post-release supervision.

On January 7, 2018, New York State Police responded to a home on Exchange Street in the Village of Alden for a medical call for a 3-month-old child who had reportedly fallen. The child was taken to Oishei Children’s Hospital by his parents. Upon evaluation, it was determined that the male child had been shaken to the point of unconsciousness and had suffered other bodily injuries.

Jurek pleaded guilty to two counts of Reckless Assault of a Child, the highest sustainable charges, in May 2018.

The child is still recovering from his injuries, and it is unclear at this time if the child will suffer any long-term effects from those injuries.

In addition, an order of protection was issued for the child and the child’s mother.

“While it gives me no pleasure to separate a father from his child, Mr. Jurek’s reckless actions and decision to not seek immediate medical help for the child warrants jail time,” said DA Flynn.

In a separate matter, Jurek pleaded guilty to Criminal Possession of Marijuana in the Second Degree, a D felony, before Judge Case. On October 6, 2017, Erie County Sheriff’s Office narcotics detectives executed a search warrant at the defendant’s Exchange Street home, finding more than 16 ounces of marijuana. The defendant pleaded guilty to the only charge in the indictment.

Jurek received a definite sentence of 1 year in prison on the marijuana charge, which will run concurrent to his sentence on the reckless assault charge.

DA Flynn commends the investigative work of Investigator Joseph Gill of the New York State Police and members of the Erie County Sheriff’s Office Narcotics Unit.

Assistant District Attorney Meghan E. Leydecker of the DA’s Special Victims Bureau prosecuted the child abuse case. Assistant District Attorney Nathanael C. Kapperman of the DA’s Felony Trials Bureau prosecuted the marijuana case.