Erie County District Attorney Michael J. Keane announces that Mark G. Whalen, 32, of Town of Hamburg, was arraigned this morning before Erie County Court Judge Sheila A. DiTullio on a 12-count indictment charging him with the following offenses:
- One count of Manslaughter in the Second Degree (Class “C” felony)
- One count of Leaving the Scene of an Incident Resulting in Death (Class “D” felony)
- One count of Grand Larceny in the Third Degree (Class “D” felony)
- One count of Unlawfully Fleeing a Police Officer of a Motor Vehicle in the Third Degree (unclassified misdemeanor)
- One count of Reckless Driving (unclassified misdemeanor)
- Seven counts of Leaving the Scene of an Incident Resulting in Property Damage (violations)
It is alleged that on Monday, November 11, 2024, at approximately 7:52 p.m., Town of Evans Police received calls regarding a minivan traveling in excess of the speed limit and crossing into the oncoming lane of traffic. One of the 911 callers reported being the victim of a rear-end hit-and-run collision caused by the suspect vehicle.
A short time later, Town of Hamburg Police patrol officers attempted to stop a minivan that matched the description provided to the 911 dispatcher, traveling erratically at a high rate of speed. The defendant is accused of unlawfully fleeing a police officer vehicle for refusing to stop for a patrol vehicle with activated lights and sirens while recklessly operating the minivan. Police terminated their pursuit when the suspect vehicle continued to travel north onto the Skyway.
The defendant is accused of causing a crash with a second occupied vehicle at the intersection of Delaware Avenue and Church Street in the City of Buffalo. The defendant is accused of leaving the scene after the crash. He allegedly caused a third collision with a vehicle on Delaware Avenue and Summer Street then continued to drive northbound on Delaware Avenue.
The defendant is accused of leaving the scene after he caused a fourth collision on Delaware Avenue near North End Avenue in the Village of Kenmore and continued to recklessly drive northbound on Delaware Avenue. The defendant is accused of failing to stop at a red light and causing a fifth collision with a vehicle at the intersection of Sheridan Drive in the Town of Tonawanda. The defendant allegedly left the scene of the property damage incident and continued to drive north into the City of Tonawanda.
It is further alleged that the same evening, at approximately 8:15 p.m., the defendant, while operating the minivan, hit a pedestrian who was crossing Delaware Street near Benton Street in the City of Tonawanda. The victim, 40-year-old Terrence Wyatt, died from the injuries. The defendant is accused of recklessly causing the death of the victim and driving away from the scene without reporting the incident to police.
It is also alleged that a short time later, the defendant caused a rear-end collision with a sixth vehicle near the intersection of Delaware Street and Young Street in the City of Tonawanda. After the crash disabled the minivan, the defendant allegedly stole the victim’s pickup truck and fled the area.
The defendant was taken into custody a short time later after he allegedly attempted to carjack another victim and caused a collision with a seventh vehicle in North Tonawanda.
Whalen is scheduled to return on Tuesday, April 29, 2025, at 2:30 p.m. for a pre-trial conference. He remains held without bail.
If convicted of the highest charge, Whalen faces a maximum sentence of up to 15 years in prison.
DA Keane commends the City of Tonawanda Police Department, North Tonawanda Police Department, Town of Hamburg Police Department, Town of Tonawanda Police Department, Town of Evans Police Department and all other assisting agencies for their work in this ongoing investigation.
The case is being prosecuted by Chief Patrick B. Shanahan and Assistant District Attorney Christopher M. McCarthy of the Vehicular Crimes 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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