FRANKLINVILLE, N.Y. — A Cattaraugus County man, wanted in an alleged hate crime incident on Hertel Avenue, made a virtual appearance in Buffalo City Court Tuesday. Michael Cremen, 48, was taken into custody Monday night on an active bench warrant.
The attorney for Cremen entered a not guilty plea on his behalf. The Franklinville resident is due back in court on Friday for a failure to appear hearing after missing his initial court date and a subsequent re-scheduled date in October.
Erie County District Attorney John Flynn said his office requested Cremen be held for a forensic exam, but Judge Shannon Heneghan denied the request and set bail at $5,000.
During the failure to appear hearing Friday, Flynn said he intends to present evidence and ask the judge for Cremen to be held without bail for willfully and persistently missing court which is allowed under the state's bail reform statute.
DA Flynn said the Cattaraugus County Sheriff's Office and New York State Police were called to E. Hill Road in the Town of Franklinville Monday night after a neighbor reported hearing arguing and possibly shots fired from Cremen's home.
The DA said State Police arriving on the scene reached Cremen by phone. Flynn said he initially refused to talk or come out of the home before eventually walking down his driveway with his wife and surrendering without incident. Cremen was then taken into custody and turned over to the Buffalo Police Department.
Flynn said State Police did not find any evidence of shots being fired inside the home.
Cremen was charged over the summer with harassment, criminal possession of a weapon and a hate crime charge of menacing for an incident that took place during a protest on Hertel Avenue. A no-appearance warrant was issued for Cremen after he failed to show up to court for his arraignment in October.
According to a complaint filed with Buffalo Police, during an August protest, Cremen and another man were in the middle of the street at the intersection of Hertel and Parkside. The complaint says both were using racial slurs and threatening the protesters.
At one point, the complaint says, Cremen displayed a knife and pushed one of the protesters. It's also alleged that he could be heard shouting the n-word.
