Erie County District Attorney John J. Flynn announces that 33-year-old Marshawn Levy of Buffalo has been arraigned in Buffalo City Court on the charges of Vehicular Assault in the First Degree and two counts of DWI after a crash in Buffalo. 

It is alleged that on May 13, 2017, the defendant was driving northbound on Bailey Avenue at E. Delavan while having a BAC of .12% , almost twice the legal limit.  He’s accused of striking a car that was stopped in the southbound lane to make a turn onto E. Delavan. The collision caused serious physical injury to that car’s driver, 27-year-old Dwight Daniels of Depew and Daniel’s passenger, 25-year-old Trevor Jenkins. 

Jenkins is still being treated for his injuries at ECMC. 

Levy pleaded not guilty and bail was set at $5,000.  If convicted of the charges, he faces a maximum of 7 years in prison. 

DA Flynn commends the Buffalo Police Department Accident Investigation Unit for its outstanding 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.