Erie County District Attorney John J. Flynn announces that 51-year-old Timothy Wisniewski of the City of Tonawanda has been sentenced to the maximum of 2-4 years in prison by Erie County Court Judge Sheila A. DiTullio for his role in a deadly boat crash. 

In November, a jury convicted Wisniewski of Criminally Negligent Homicide, two counts of Operating a Vessel While Under the Influence of Alcohol, Endangering the Welfare of a Child and Unlawful Possession of Marihuana for the boat crash on Ellicott Creek in the Town of Tonawanda that claimed the life of 16-year old Avery Gardner of Lockport. 

Wisniewski owned the boat and was riding in it when it crashed on June 11, 2015.  The boat was being driven by then17-year-old Gregory Green of North Tonawanda who was intoxicated, under the influence of marihuana and operating the boat at a high rate of speed.  As the boat went under a footbridge, Gardner’s head struck the footbridge, causing her death. 

The now 19-year-old Green pleaded guilty to Criminally Negligent Homicide and Vehicular Manslaughter and was sentenced to six months in jail and five years probation. 

District Attorney Flynn credited the Town of Tonawanda Police Department for its exhaustive investigation into the case with assistance from the New York State Police and the Ellicott Creek Fire Department. 

Vehicular Crimes Bureau Chief Kelley Omel and ADA Christopher McCarthy prosecuted the case.