Erie County District Attorney John J. Flynn announces that 33-year-old Marshawn Levy of Buffalo has been arraigned by State Supreme Court Justice John L. Michalski on an indictment charging him with three counts of Aggravated Vehicular Assault, two counts of Assault in the Second Degree, and DWI in connection with a serious injury crash.

It is alleged that on May 13, 2017, the defendant was driving northbound at a high rate of speed on Bailey Avenue at E. Delavan with a BAC of .12%, almost twice the legal limit, when he crashed head on into acar that was stopped in the southbound lane making a turn onto E. Delavan. The collision caused serious physical injuries to that car’s driver, 27-year-old Dwight Daniels of Depew and a passenger, 25-year-old Trevor Jenkins.

Jenkins remains hospitalized with a traumatic brain injury.  Daniels was in ECMC for about a month due to severe injuries to his leg. 

Levy pleaded not guilty and bail remains at $5,000. If convicted of the charges, he faces a maximum of 15 years in prison.

DA Flynn commends the Buffalo Police Department Accident Investigation Unit and Sr. Inv. Robert McMahon from the Amherst Police Department for their outstanding police work.

Chief Kelley A. Omel of the DA’s Vehicular Crimes Bureau is prosecuting the case.

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