UPDATE (1/3/2023): The case was dismissed and sealed by operation of law. 

ORIGINAL PRESS RELEASE (9/23/2022)

Erie County District Attorney John J. Flynn announces that 50-year-old James R. Kaska of Hamburg was arraigned on Wednesday morning before Hamburg Town Court Justice Carl W. Morgan on one count of Menacing in the Second Degree, one count of Criminal Mischief in the Fourth Degree (Class “A” misdemeanors) and one count of Harassment in the Second Degree (violation).

It is alleged on Wednesday, September 21, 2022, at approximately 8:20 a.m., the defendant intentionally placed or attempted to place the female victim in reasonable fear of physical injury, serious physical injury or death. The defendant, who had been asked by police to leave the home following an earlier domestic-related incident, allegedly hid inside of the victim’s vehicle that was parked in the driveway. When the defendant allegedly confronted the victim inside of the vehicle, she attempted to leave. The defendant is accused of pushing the victim back into the vehicle, hit her arm and held her wrists. The defendant also allegedly grabbed the victim’s cell phone out of her hand as she attempted to call 911.

Kaska is scheduled to return on Thursday, October 6, 2022 at 9:30 a.m. for a pre-trial conference. He was released on his own recognizance as the charges are non-qualifying offenses for bail.

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

If convicted of the highest charge, Kaska faces a maximum sentence of one year in jail. 

DA Flynn commends the Town of Hamburg Police Department for their work in this investigation.

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