Erie County District Attorney John J. Flynn announces that 40-year-old Carlos Cherry of Reston, Virginia was virtually arraigned on January 5th before Erie County Court Judge Kenneth Case on an indictment charging him with one count of Assault in the Second Degree, a Class “D” felony, and one count of Assault in the Third Degree, a Class “A” misdemeanor.
It is alleged that on March 2, 2020, at approximately 4:00 p.m., the defendant attempted to purchase beer at a convenience store located on the 100 block of William Street in the City of Buffalo. The clerk allegedly refused to sell beer to the defendant. As the defendant turned to exit the store, he allegedly punched a female bystander the face. The attack caused the victim to fall to the ground. In addition to suffering pain and swelling to her face, the victim lost a tooth due to the assault.
It is further alleged that moments after the first assault, the defendant approached a 13-year-old male after he exited the bus on William Street and Michigan Avenue and punched the victim in the face. The victim suffered a fractured jaw, which required surgery.
Cherry is scheduled to return on Tuesday, January 26, 2021 at 2:00 p.m. for a pre-trial conference. Judge Case set bail at $50,000.
If convicted on all charges, Cherry faces a maximum of 7 years in prison.
DA Flynn commends the Buffalo Police Department for their work in the investigation.
The case is being prosecuted by Assistant District Attorney James M. Marra of the DA’s Felony Trials Bureau and Assistant District Attorney Kevin R. Brown of the DA’s Justice Courts Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.