Erie County District Attorney John J. Flynn announces that 43-year-old Kenneth James of Lockport was arraigned this morning before Erie County Court Judge Kenneth Case on an indictment charging him with one count of Manslaughter in the First Degree (Class “B” violent felony), one count of Manslaughter in the Second Degree (Class “C” felony) and one count of Criminal Possession of a Weapon in the Third Degree (Class “D” felony).
It is alleged that on August 14, 2023, at approximately 3:50 p.m., the defendant, with the intent to cause serious physical injuries, shot the victim with an air gun. The crime occurred as the victim was riding a bicycle on Broadway near Krettner Street in the City of Buffalo. The victim, 38-year-old Joseph Dash, died at the scene. An autopsy determined that the victim died from a pellet round shot to his chest.
James is scheduled to return on Thursday, October 12, 2023 at 2:00 p.m. for a pre-trial conference. Bail was set at $250,000 cash or bond.
If convicted of the highest charge, James faces a maximum sentence of 25 years in prison.
DA Flynn commends Det. Sgt. Sean McCabe, Detective Mark Costantino, Detective Adam Stephany and Detective Christopher Sterlace of the Buffalo Police Department for their work in this investigation.
The case is being prosecuted by Assistant District Attorney Frank A. Strano and Chief John P. Feroleto of the Major Crimes 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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