CHEEKTOWAGA, N.Y. (WKBW) — The driver charged with hitting Cheektowaga Police Officer Troy Blackchief pleaded guilty to five felonies Monday.
Defense attorney Paul Dell said his client just turned 17 when this incident happened.
"He's doing he's doing well, under all the circumstances. This is obviously a tragedy and he has to live with this the rest of his life," Dell said. "He turned things around in school. He is graduating this summer with high honors."
In February of 2023, Officer Blackchief was in the area of Union Road and Genesee Street attempting to deploy stop sticks when he was struck by a suspect vehicle.
Police said doctors determined he suffered numerous injuries including a skull fracture and brain jury that required immediate surgery. Later that month, police said Blackchief regained a level of consciousness and was limitedly communicating with family and care providers.
"My client and his family, their hearts, go out to the victim," Dell said.
Dell said the judge granted the driver youthful offender status because he was 17 at the time of the incident. This means his sentence is reduced to 1 1/3 to 4 years and his record will be sealed.
Former Erie County District Attorney John Flynn said this record would not show up on any criminal background checks done on the driver.
"It's like not having a conviction at all. So two huge breaks that this kid got," Flynn said.
Last Flynn indicted the driver and charged him with attempted murder.
The Monroe County District Attorney's Office handled the prosecution after the defense attorney asked that the Erie County District Attorney's Office be recused because an attorney had their car stolen in an unrelated case by the same driver who hit Blackchief.
The driver pleaded guilty to:
- Assault in the First Degree
- Grand Larceny in the Third Degree
- Criminal Possession of Stolen Property in the Third Degree
- Reckless Endangerment in the First Degree
- Unlawful Fleeing a Police Officer in a Motor Vehicle in the Second Degree
The attempted murder and assault on a police officer charges were dismissed.
"In order to give someone a reduction on an attempted murder charge or murder charge, I would have needed a darn good reason to do that," Flynn said.
Although Flynn said he's not aware of what's happened with this case in the past several months, he said he would've been able to prove the attempted murder charge.
"That's why we indicted as such," he said.
"I don't think there was any intent to injure anyone," Dell said about the attempted murder charge.
Dell said the driver will return to court for sentencing on July 23.
7 News reached out to the Cheektowaga Police Department about this but was told no comment would be provided until after the sentencing.
