CHEEKTOWAGA, N.Y. — More details have been released about an incident involving an asylum seeker allegedly assaulting an employee and damaging a business in Cheektowaga over the week.
According to Erie County District Attorney John Flynn, 28-year-old Gustavo Diaz Carvajal of Venezuela not only threw rocks at Luna Lounge on Saturday morning, he also allegedly assaulted an employee.
It was previously reported that Diaz Carvajal was arraigned on one count of Criminal Mischief in the Second Degree (Class “D” felony), one count of Assault in the Third Degree (Class “A” misdemeanor), and one count of Harassment in the Second Degree (violation).
Prosecutors say Diaz Carvajal allegedly caused an injury to an employee's knee after kicking and punching them. Diaz Carvajal is also accused of throwing rocks at the lounge located on Dingens Street. All of this took place around 3:30 a.m. on Saturday.
Diaz Carvajal was arrested shortly after the incident. He was living at the hotel on Dingens Street.
Diaz Carvajal faces a maximum of seven years in prison if he is convicted of the highest charges against him. He is being held on bail set at $50,000 cash, insurance bond or partially secured surety bond.
Additionally, Diaz Carvajal is facing charges in Cheektowaga Town Court for petit larceny and possession of burglar tools.
Prosecutors also allege that Diaz Carvajal put three pairs of headphones, valued at $225 each, in his backpack while inside a department store in the Walden Galleria and left without paying for them.
The headphones, along with a razor knife and a pair of pliers were found in his backpack, according to investigators.
