CHEEKTOWAGA, N.Y. — A teen suspect who was originally charged with the attempted murder of a Cheektowaga Police officer last year during a stolen car chase, has now pleaded guilty to lesser charges as he is being granted youthful offender status.
That legal move infuriated the former Erie County District Attorney, while the suspect's defense attorney provided a legal explanation of the proceedings from Monday before an Erie County Youth Court Judge.
Back in February 2023, the community was stunned as Cheektowaga Police Officer Troy Blackchief suffered debilitating, traumatic head injuries when he was struck by a stolen car driven by a then 17-year-old boy fleeing from Depew Police. The officer was trying to halt the chase with stop spikes to flatten tires when it happened.
Former Erie County District Attorney John Flynn, who is now in private practice with the Lippes Mathias firm, said this about the case. "The kid was running from the police in a car being chased, saw the police officer, and in my opinion ran into him and severely injured him."
Flynn's office originally charged the boy with attempted murder and other counts for a potential adult court trial.
But then a legal quirk was used by the defense attorney as a judge transferred the actual prosecution to the Monroe County D.A. office in Rochester. Flynn explained, "One of my assistant district attorneys was a victim of a car theft by this same individual beforehand. Like not part of this transaction. The defense lawyer made the argument that we should get recused from this case as well. We fought against it, we opposed it, well we lost."
Then on Monday before an Erie County Youth Court Judge, there was a plea to a lesser charge of assault and grand larceny. Defense Attorney Paul J. Dell told 2 On Your Side "Everybody consented in court that he's to be sentenced to the maximum of youthful offender which is a year and a third to four years. Under the raise the age legislation that will not be in an adult prison."
Dell, who said it was admittedly reckless conduct by his client added "I'm not justifying his actions at all. There was no intent to hit the officer. Let's say that."
Flynn was obviously frustrated by the outcome "You're 17 years old. You stole the car. You ran away from the police. You ran into a police officer. You know you need to be treated like a big boy. Not a little boy. And you got a little boy sentence here. You should have got a big boy sentence."
2 On Your Side asked Dell: "Obviously you're doing your job as a defense attorney. But what would you say to those who question this and feel that he's getting off easy here?"
Dell responded : "Well you know - all the studies show that teenagers are impulsive."
He added, "Very responsible, professional adults - doctors, lawyers, and judges - sometimes get intoxicated, drive recklessly and sometimes they hit people. And it's - I don't think we should judge somebody for some very bad decisions in a split second when they're 17 years old.."
Dell also said, "There were at least 30 Cheektowaga officers there yesterday and I could see him just kind of mouthing 'I apologize' as he walked out. The teen and his family just feel terrible."
The suspect, who Dell says has been out on supervision with an ankle monitor, faces sentencing in youth court in July to the downgraded assault and larceny charges and could serve his time in a youth detention facility. Dell says his client has focused on his studies and will actually graduate next month from high school with honors and perhaps even college scholarship offers. Dell says he has also joined the ROTC program at school and performed required community service. He may join the military. Dell says his client is devastated by what he did.
Dell says the criminal records will be sealed for the teen with the youthful offender status if he applies for jobs. But they can be used if he is charged with another crime.
We are told that Officer Blackchief is now back with Cheektowaga PD on "light duty" but has much more recovery ahead for him.