Erie County District Attorney John J. Flynn announces that 29-year-old Adam T. McPherson of Cheektowaga was arraigned on Tuesday evening before Orchard Park Town Court Justice Jorge S. DeRosas on one count of Criminal Trespass in the Third Degree (Class “B” misdemeanor).
It is alleged that on Sunday, September 17, 2023, at approximately 12:18 p.m., Erie County Sheriff’s Office deputies responded to a report of an adult male in distress near SUNY Erie South Campus. When deputies located and attempted to approach, the defendant allegedly ran toward the stadium construction site near Southwestern Boulevard in the Town of Orchard Park. The defendant allegedly climbed the fence and fell into an excavated area of the construction site. The defendant was taken by ambulance to ECMC where he was treated for injuries.
McPherson is scheduled to return on Tuesday, February 27, 2024 at 5:00 p.m. for further proceedings. He was released on his own recognizance as the charge is a non-qualifying offense for bail.
If convicted of the charge, the maximum sentence is 60 days in jail.
To date, there have been nine additional individuals charged with one count of Criminal Trespass in the Third Degree for allegedly trespassing at the stadium construction site.
Four cases have been resolved. Matthew J. Evens, 61, of Hamburg received an adjournment in contemplation of dismissal (ACD) before Justice Pastrick for allegedly trespassing on October 1, 2023. Owen Bainbridge, 25, of Ontario and Tanner Brunet, 32, of Ontario received ACDs and were ordered to perform 100 hours of community service before Justice Pastrick for allegedly trespassing on November 19, 2023. Last night, Mohammed H. Abdelhay, 21, of Williamsville appeared before Justice DeRosas where he received an ACD and was ordered to perform 25 hours of community service for allegedly trespassing on November 13, 2023.
Four cases remain pending in Orchard Park Town Court. Kyle J. Bauer, 23, of West Seneca was charged for allegedly trespassing on November 19, 2023. Bauer is scheduled to return on Thursday, February 8, 2024 at 5:00 p.m. before Justice Pastrick for further proceedings. Christopher A. McNeal, Jr., 38, of Buffalo and Daniel G. Wickemeyer, 40, of Easton, Pennsylvania were charged for allegedly trespassing on December 17, 2023. McNeal and Wickemeyer are also scheduled to return to court on Thursday, February 8, 2024 at 5:00 p.m. for further proceedings. Michael D. Poremski, 39, of New Castle, Pennsylvania was charged for allegedly trespassing on January 15, 2024. Poremski was issued an appearance ticket to be arraigned last night, but the matter was adjourned to Thursday, February 29, 2024 at 5:00 p.m.
Due to his age, the case against a 17-year-old male from Williamsville, who allegedly trespassed on November 13, 2023, will be handled by the County Attorney’s Office.
DA Flynn commends the Erie County Sheriff’s Office for their work in these investigations.
The cases are being prosecuted by Assistant District Attorney Megan A. Connelly 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.
