Erie County District Attorney John J. Flynn announces that 37-year-old Nicholas J. Rosado, also known as Nicholas J. Boaz, of Mayville was arraigned this morning before State Supreme Court Justice Paul B. Wojtaszek on an indictment charging him with one count of Leaving the Scene of an Incident Resulting in Death (Class “D” felony), one count of Driving While Intoxicated and one count of Criminal Possession of a Controlled Substance in the Seventh Degree (Class “A” misdemeanors).

It is alleged that on Thursday, July 7, 2022, at approximately 10:00 p.m., the defendant was driving a pickup truck northwest on Abbott Road when he hit a bicyclist near Kenefick Avenue in the City of Buffalo. The defendant allegedly left the scene without reporting the incident to police. The victim, 27-year-old Theodore Dionne of West Seneca, died from his injuries.

It is further alleged that later the same evening, West Seneca Police officers saw the defendant driving a pickup truck on North Covington Drive. The police officers saw the defendant attempting to change direction and hit a tree with his vehicle. As officers approached, the defendant exited the vehicle and allegedly attempted to run from police. As the officers chased after the defendant, they allegedly saw the defendant drop packages in the driveway of a home on Potters Road. He was apprehended in a backyard after a brief foot pursuit. The defendant had allegedly been operating the vehicle while under the influence of alcohol.

Officers recovered the packages from the driveway, which were suspected to contain Suboxone. The packages were submitted to the Erie County Central Police Services laboratory for testing and the substance was confirmed to be Suboxone.

Rosado was transported to a hospital to be treated for minor injuries. 

West Seneca Police charged the defendant with misdemeanor DWI and drug charges. Rosado was given an appearance ticket to be arraigned at a later date in West Seneca Town Court as the charges were non-qualifying offenses for bail.

Rosado is scheduled to return on Friday, January 13, 2023 at 11:00 a.m. for a pre-trail conference. He was held without bail.

If convicted of the highest charge, Rosado faces a maximum sentence of 7 years in prison.

DA Flynn commends the Buffalo Police Department Accident Investigation Unit and the West Seneca Police Department for their work in this investigation.

The case is being prosecuted by Assistant District Attorney Christopher M. McCarthy and Chief Paul J. Glascott of the Vehicular Crimes Unit.  

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