Erie County District Attorney John J. Flynn announces that 52-year-old Joseph S. Chowaniec of Buffalo was arraigned yesterday before Buffalo City Court Judge Andrew C. LoTempio on two counts of Aggravated Harassment in the Second Degree (Class “A” misdemeanors).

It is alleged that on Sunday, May 15, 2022, at approximately 12:05 p.m., the defendant, with the intent to harass or threaten another person, made a phone call to a pizzeria located on Delaware Avenue in the City of Buffalo. The defendant allegedly spoke with an employee and made a threat.

It is further alleged that on Sunday, May 15, 2022, at approximately 12:47 p.m., the defendant, with the intent to harass or threaten another person, placed a second phone call to a brewery located in downtown Buffalo. The defendant allegedly spoke with an employee and made a threat.

In both alleged threats, the defendant is accused of referencing the shooting that occurred at Tops Friendly Markets on Jefferson Avenue in the City of Buffalo. Both restaurants closed for the day after receiving the threatening phone calls.

Chowaniec was indicted on two counts of Making a Terroristic Threat (Class “D” felonies). Erie County Court Judge James Bargnesi later granted his defense counsel’s motion and the case was dismissed. 

Chowaniec is scheduled to return on Wednesday, January 4, 2023 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.

Temporary no-contact orders of protection were issued on behalf of the victims, which includes their place of employment.  

“This defendant is accused of making threatening phone calls to businesses and referencing this horrific crime the day after the shooting occurred on Jefferson Avenue. I, along with the families of the victim, the survivors and the entire City of Buffalo continue to mourn this tragedy. This crime will not be tolerated and any threat will be thoroughly investigated and prosecuted to the fullest extent of the law,” said Erie County DA John Flynn.

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

DA Flynn commends the Buffalo Police Department for their work in this investigation.

The case is being prosecuted by Assistant District Attorney Kristen S. Fischer of the Buffalo City Court Bureau.

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