Erie County District Attorney John J. Flynn announces that 35-year-old Daniel A. Narvaez-Velasqu of Venezuela was arraigned this morning before Amherst Town Court Justice Kara Buscaglia on one count of Attempted Assault in the Second Degree (Class “E” felony), one count of Criminal Possession of a Weapon in the Fourth Degree and one count of Menacing in the Second Degree (Class “A” misdemeanors).
It is alleged that on Sunday, August 27, 2023, at approximately 6:25 p.m., Amherst Police responded to a reported fight at a hotel on Flint Road. The defendant is accused of attempting to cause physical injury to the victim during an argument. The defendant allegedly lunged at the victim while armed with a nail, which placed the victim in reasonable fear.
The defendant, an asylum seeker from Venezuela who resides at the hotel, was given an appearance ticket to be arraigned at a later date. The defendant is the first migrant to be arrested for a crime in the Town of Amherst and the 13th migrant to be arrested in Erie County.
Narvaez-Velasqu is scheduled to return on Wednesday, November 15, 2023 at 10:30 a.m. for a felony hearing. Prosecutors requested that the court set bail at $10,000 and issue a no-contact order of protection on behalf of the victim. Judge Buscaglia released the defendant on his own recognizance and issued a non-offense order of protection.
If convicted of the highest charge, Narvaez-Velasqu faces a maximum of 4 years in prison.
DA Flynn commends the Amherst Police Department for their work in this investigation.
The case is being prosecuted by Assistant District Attorney James L. Harrington 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.
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