Erie County District Attorney John J. Flynn announces that two 16-year-old males from Buffalo were arraigned this morning before Erie County Court Judge Kenneth Case, a designated Youth Part judge, for their alleged involvement in an assault that occurred earlier this year. The victim has since died, and his manner of death remains under investigation at this time.

Both adolescent offenders were indicted on the following offenses:

• Two counts of Attempted Assault in the First Degree (Class “C” violent felonies)
• One count of Assault in the Second Degree (Class “D” felony)

One of the adolescent offenders was indicted on additional charges:

• Two counts of Criminal Possession of a Weapon in the Fourth Degree (Class “A” misdemeanors)

It is alleged that on January 31, 2022, at approximately 3:30 p.m., the adolescent offenders, while acting in concert with each other, assaulted a man inside of an elevator at the NFTA Metro Rail Amherst station on Main Street in the City of Buffalo. The adolescent offenders are accused of attempting to cause serious physical injury by shoving, kicking and punching the victim.

One of the teenagers was allegedly found in possession of metal knuckles. The adolescent offender is accused of using the weapon to assault the victim.

The adolescent offenders were previously arraigned on felony assault charges before Youth Part Court Judge Kelly Brinkworth on February 3, 2022. One of the adolescent offenders was arraigned on an additional charge of one count of Criminal Possession of a Weapon in the Fourth Degree (Class “A” misdemeanor).

The adolescent offender charged with the additional offense for possession of the metal knuckles had bail set at $15,000 and has remained in custody at the Erie County Youth Services Center. The other adolescent offender was released under supervision on February 3, 2022.  

The victim, from Buffalo, died on Monday, February 21, 2022 at a rehabilitation facility. At this time, his death remains under investigation by the Erie County Medical Examiner’s Office.

Today, Judge Case increased bail to $50,000 for the in-custody defendant and continued release under supervision for the other. Both adolescent offenders are scheduled to return on April 6, 2022 for a pre-trial conference.

DA Flynn commends the NFTA Transit Police for their work in this investigation.   

The case is being prosecuted by Chief Patrick B. Shanahan of the Felony Trials Bureau and Assistant District Attorney Joelle M. Marino of the Community Prosecution/Training Bureau.

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