Erie County District Attorney John J. Flynn announces that 28-year-old Gustavo Diaz Carvajal of Venezuela was arraigned on Saturday morning before Cheektowaga Town Court Justice John Wanat 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).
It is alleged that on Saturday, August 26, 2023, at approximately 3:25 a.m., the defendant, while acting in concert with another unidentified individual, intentionally caused damage to a lounge, located on the 600 block on Dingens Street in the Town of Cheektowaga, by throwing rocks. The defendant is accused of breaking the glass of three windows and three doors, resulting in approximately $12,000 in damage.
When the defendant was confronted by an employee of the building, the defendant allegedly attacked the employee. The defendant is accused of intentionally kicking and punching the victim, which caused an injury to the victim’s left knee. The defendant, an asylum seeker from Venezuela who was living at a hotel on Dingens Street, was arrested a short time after the incident.
If convicted of the highest charge, Diaz Carvajal faces a maximum of 7 years in prison. He continues to be held on bail set at $50,000 cash, insurance bond or partially secured surety bond.
Diaz Carvajal also has another pending criminal case in Cheektowaga Town Court. On August 20, 2023, the defendant was arraigned before Cheektowaga Town Court Justice David M. Stevens on one count of Petit Larceny and one count of Possession of Burglar Tools (Class “A” misdemeanors). The defendant was released on his own recognizance as the charges are non-qualifying offenses for bail.
It is alleged that on Saturday, August 19, 2023, at approximately 6:04 p.m., Cheektowaga Police responded to a department store inside of the Walden Galleria for a shoplifting complaint. The defendant allegedly put three pairs of headphones, valued at approximately $225, inside of his backpack and exited the store without paying for the merchandise. The store’s loss prevention officers allegedly found the stolen merchandise as well as a razor knife and pliers inside of the defendant’s backpack.
Diaz Carvajal is scheduled to return before Judge Stevens on both cases on Thursday, August 31, 2023 at 9:30 a.m.
DA Flynn commends the Cheektowaga Police Department for their work in these investigations.
The cases are being prosecuted by Assistant District Attorneys Stephen C. Papia and Kristen S. Fischer of the Justice Courts Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.
