CHEEKTOWAGA, N.Y. — The former Buffalo school bus driver accused of threatening to shoot a student in a video shared on social media was in court Wednesday to face a separate although related illegal gun charge.
Michael Askew, 68, of Cheektowaga was arraigned in Cheektowaga Town Court on one count of second-degree criminal possession of a weapon and one count of third-degree criminal possession of a weapon.
He pleaded not guilty to the charges.
The appearance comes as a direct result of Buffalo Police requesting an Extreme Risk Protection Order (ERPO) for Askew under the state's Red Flag Law, directly after the bus video was posted.
The law allows law enforcement, with a judge's approval, to seize and prevent individuals from buying guns who show signs of being a threat to themselves or others.
According to Buffalo Police, three legal handguns were seized from Askew's residence in Cheektowaga, but it was a non-SAFE Act-compliant rifle that led to him being charged and taken into custody.
In court Wednesday, prosecutors argued that Askew should remain behind bars because he allegedly "threatened to shoot students on a school bus. Based on that and the seriousness of the charges, we are concerned about his willingness to return to court dates, so we are asking for remand."
Askew's assigned defense urged the judge however to use his discretion in making that decision stating "he was zero criminal history, certainly nothing on his record that would indicate a failure to or indicate that he would fail to appear in court."
The judge, however, citing the severity of the charges, decided to remand Askew into custody.
Askew's family, who was in attendance, was noticeably upset but referred all questions to their attorneys.
It remains unclear what led up to the alleged remarks made by the 68-year-old former bus driver, but his attorneys, Barry Covert and Justin Ginter, issued a statement to 2 On Your Side with one theory.
"We believe his comments on the tape were responding to violent threats and that Mr. Askew is an upstanding citizen, retired Marine, and not a risk of flight or a danger to the community."
2 On Your Side has requested a copy of any bus surveillance video that might be available and asked Erie County District Attorney John Flynn how the prosecution may weigh that information.
"Obviously we're going to investigate the whole bus scene. Obviously I don't have a complete picture of what happened," Flynn said.
He added that investigators will likely interview students who were on the bus and their parents to find out more.
"If you know at some point there is some justification that comes out of this for saying what he said then I'll look at it but as of right now, I don't see any justification for what he said right now," Flynn said, adding that Askew is innocent until proven guilty.
Askew has been charged with three separate counts of endangering the welfare of a child, all misdemeanors which will be handled in Buffalo City Court at a later date.
He is scheduled to be back in Cheektowaga Town Court on the gun charge Friday morning.
Meanwhile, the video that started everything has been removed from social media.