Victim died while in custody at holding center
Erie County District Attorney John J. Flynn announces that 28-year-old Brandon D. Hurst of Buffalo was arraigned this morning before State Supreme Court Justice M. William Boller on an indictment charging him with one count of Attempted Assault in the First Degree (Class “C” felony) and one count of Assault in the Second Degree (Class “D” felony).
It is alleged that on November 25, 2022, at approximately 11:00 a.m., the defendant, with the intent to cause serious physical injury, assaulted the victim, 57-year-old William B. “Willie” Henley, inside the lobby of an apartment building on the 900 block of Broadway in the City of Buffalo. Hurst and Henley, who resided in separate apartments within the same building, were involved in a dispute regarding a burglary that occurred at Hurst’s apartment previous day. The assault was not reported to police.
Approximately 12 hours later on the same day, a resident called 911 to report an attempted burglary at her apartment inside of the same building on the 900 block of Broadway. Prior to police arriving at the scene, the evidence indicates that a second fight occurred inside of Henley’s apartment.
Police arrested Henley and a co-defendant on attempted burglary, gun and criminal mischief charges for allegedly committing the attempted break-in at the apartment. No injuries were reported by Henley to police at the time of his arrest.
On the morning of November 26, 2022, Henley was arraigned before Buffalo City Court Judge Peter J. Savage, III. At the time of his arraignment, the defendant allegedly reported dizziness and was permitted to sit during the proceeding. Henley was held without bail.
Henley was transported to the Erie County Holding Center where he underwent a medical examination. No medical concerns or complaints regarding pain were reported by Henley to jail staff during the exam.
On the morning of November 27, 2022, at approximately 10:00 a.m., a jail management deputy found Henley unresponsive inside of his cell. Deputies administered First Aid and CPR in an attempt to resuscitate Henley. Henley was transported by ambulance to ECMC where he was pronounced dead.
The Erie County Medical Examiner’s Office determined that the victim died from a compression fracture to his neck caused by blunt force trauma.
Hurst was held without bail. A return court date has not been scheduled at this time.
If convicted of the highest charge, Hurst faces a maximum sentence of 15 years in prison.
“New York Executive Law Section 70-b authorizes the Attorney General’s Office to investigate any incident involving the death of a person caused by a police officer, corrections officer or certain other peace officers. The investigation found that the death of Mr. Henley does not meet the requirement for the Office of the Attorney General to have investigative authority or criminal jurisdiction. Based upon the evidence, we believe that Mr. Henley was injured prior to his arrest,” said Erie County District Attorney John J. Flynn.
“Pursuant to N.Y. Executive Law and consistent with Erie County Sheriff’s Office protocol, a comprehensive investigation into the death of William Henley was immediately undertaken by our detectives, New York State Attorney General’s Office, Buffalo Police Department and the Erie County District Attorney’s Office. After a thorough review of all of the evidence, we believe that Mr. Henley sustained the injury to his neck prior to his arrest and subsequently died from the undisclosed injury while incarcerated at the Holding Center. I extend my deepest condolences to the family and friends of William Henley,” said Erie County Sheriff John Garcia.
DA Flynn commends the Erie County Sheriff’s Office, Buffalo Police Department and New York State Attorney General’s Office for their work in this investigation as well as the US Marshals Service who arrested the defendant yesterday on the indictment warrant.
The case is being prosecuted by Assistant District Attorney Timothy J. Garvin of the Narcotics/Intelligence Unit.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.
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