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Niagara DA: not enough evidence to charge Buffalo officers responding to Granville incident

A man in a white dress shirt and unbuttoned blue jacket walks through center-frame while followed by a man in a blue suit and holding a microphone.
Alex Simone
/
BTPM NPR
Erie County Sheriff's Chief of Narcotics DJ Granville, center, walks out of court after pleading guilty to misdemeanor traffic charges

The Niagara County District Attorney has finished his investigation into a traffic incident involving Erie County Sheriff’s Chief of Narcotics and Intelligence Daniel "DJ" Granville, saying there is not enough evidence to charge Buffalo Police officers who were responding to that scene in April of 2024.

In his written statement released Friday, October 10, DA Brian Seaman concludes: “After a thorough investigation into the events of April 11, 2024, and careful review of all of the information at my disposal, I have determined that there is insufficient evidence from which to charge any of the responding police officers or Lt. Lucia Esquilin with violations of criminal law. This determination is not an endorsement of their conduct or an exoneration from wrongdoing. It is simply a determination that there is insufficient evidence to sustain criminal charges.

“My file is now closed and I view my involvement in this matter to have reached its conclusion. Any other agency responsible for oversight or investigating and making employment related decisions is free to do so.”

Investigative Post and WGRZ first reported earlier this year about the incident where Granville, in a county-owned vehicle, struck seven parked cars in Buffalo. Calls to 911 at the time categorized it as a “hit and run.”

Several agencies issued statements in reaction to Seaman's announcement. The Erie County Sheriff's Office released the following: "Niagara County District Attorney Brian D. Seaman was thrust into this investigation under difficult circumstances as special prosecutor. We recognize that under these difficult circumstances, he conducted a thorough investigation. Given that the Buffalo Police Department conducted the scene investigation and based upon our internal review of this case, we concur with his findings."

Buffalo Police launched their own investigation into the events of April 2024.

“With the conclusion of the Niagara County District Attorney’s review, the Buffalo Police Department will resume its internal investigation into the events of April 11, 2024,” said Buffalo Police Commissioner Alphonso Wright in a prepared statement. “We appreciate the clarity the District Attorney’s review provides regarding the criminal investigation and thank him and his office for their attention to this matter. 

“Our internal review will be conducted in accordance with departmental policy and applicable law, including all due-process and contractual obligations. The Department is committed to a thorough, fair, and timely conclusion of this matter.
“We will provide appropriate updates once the internal process is complete.”

Shortly after Seaman put out his statement, Buffalo’s acting mayor Christopher Scanlon issued his own: “Today, Buffalo Police Department leadership and my administration were made aware of the Niagara County Special Prosecutor’s determination in the case involving the events of April 11, 2024.

“This incident occurred under the previous Mayor and former BPD Commissioner Joseph Gramaglia, well before my administration was in office.

“I have full faith and trust in BPD Commissioner Alphonso Wright and the Internal Affairs unit to reengage their investigation and complete it in a thorough, professional and timely manner.

“We will have no further comment on this matter until the internal investigation process has been completed.”

Granville has since on paid administrative leave since April.