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New charges filed against man accused of referencing Tops shooting in threatening phone calls

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BUFFALO, N.Y. (WKBW) — The Erie County District Attorney's Office announced that 52-year-old Joseph S. Chowaniec was arraigned in Buffalo City Court on two counts of second-degree aggravated harassment.

According to the district attorney's office, Chowaniec is accused of calling a pizzeria and a brewery located in Downtown Buffalo on May 15 and speaking with an employee, and making a threat. He allegedly referenced the mass shooting that occurred on May 14 at the Tops Friendly Markets on Jefferson Avenue during both phone calls. The pizzeria and brewery closed for the day after receiving the phone calls.

Chowaniec was initially indicted on two counts of making a terroristic threat, but Erie County Court Judge James Bargnesi later dismissed the case. When the case was dismissed, the Erie County District Attorney's Office said it was looking to file a different charge. He was arraigned on the new second-degree aggravated harassment charges on Wednesday.

Chowaniec is scheduled to return on January 4 for a pre-trial conference and was released on his own recognizance as the charges are non-qualifying offenses for bail.

“This defendant is accused of making threatening phone calls to businesses and referencing this horrific crime the day after the shooting occurred on Jefferson Avenue. I, along with the families of the victim, the survivors and the entire City of Buffalo continue to mourn this tragedy. This crime will not be tolerated and any threat will be thoroughly investigated and prosecuted to the fullest extent of the law."
- Erie County DA John Flynn