Erie County District Attorney John J. Flynn announces that 34-year-old Thomas R. Schmieder, Jr. of Buffalo was sentenced this afternoon before Erie County Court Judge Kenneth Case to 3 ½ years in prison followed by 1 ½ years of post-release supervision. A final No Contact Order of Protection was issued for the victim which will be in effect until 2033.

On June 29, 2020, at approximately 1:17 p.m., the defendant pushed a woman to the ground after a brief verbal altercation on Chalmers Avenue in the City of Buffalo. A man witnessed the incident and pushed the defendant away from the female victim.

The defendant is accused of calling the male victim, who is African American, a racial slur before pulling a metal pipe out of his bag. The defendant hit the male victim on the head with the pipe. After the attack, the defendant ran from the scene while yelling more racial slurs directed toward the male victim.

The male victim was taken to ECMC where he received multiple stitches for a laceration to the right side of his head and earlobe.

Schmieder, who was indicted on a felony assault charge as a hate crime, pleaded guilty to the lesser included offense of one count of Assault in the Second Degree (Class “D” felony) on July 1, 2021.

DA Flynn commends Officer Daniel Dustin of the Buffalo Police Department for his work in the investigation.

The case was prosecuted by Assistant District Attorney Briana R. D. Miller of the Felony Trials Bureau.