Buffalo, N.Y. (WBEN) - Buffalo Police say they are making progress in the fatal shooting at Club Marcella in Buffalo's Cobblestone District on Feb. 12.
Police Commissioner Joe Gramaglia told WBEN on Wednesday a 17-year-old has been arrested, and it's still a very active investigation between detectives and the Erie County District Attorney's Office.
A 21-year-old was killed during an argument inside the club. Two others were injured.
"We're confident that we're going to bring closure to this case soon," said Gramaglia.
The suspect at large was able to gain entry to the club due to, what's called, 'commingling night' and the 17-year old is accused of bringing the weapon into the club.
"To the best of my understanding, the establishment has an over/under night, in which people under the age of 21 can get into the club without being able to consumer alcohol," Gramaglia said.
Gramaglia added that is something the city is taking a look at, as well as the State Liquor Authority. Commingling laws, he said, go back many years.
The Buffalo Police Commissioner said he is not a big fan of over/under nights. "Having someone of that age inside of a club is just too young."
Regarding the investigation, Gramaglia said police are working with the club owners. "They have a comprehensive camera system that is playing a vital role in this investigation."
The 17-year-old in the case is facing criminal possession of a loaded weapon and assault charges.
Will he be charged as a youthful offender or an adult?
"That's up to the district attorney," said Gramaglia. "I don't want to comment on that. But it does bring into question the Raise the Age law. We've been seeing violent crimes and other crimes that are being committed by 16 and 17 year olds. District Attorney John Flynn has said time-and-time again that gun arrests by 16- and 17-year-olds, almost always end up in family court, not in the youth part where the DA has the ability to maintain prosecution. It's an issue, especially if they're arrested again." (Past incidents cannot be brought up).
Club Marcella has metal detectors. How did the gun get past security?
Fillmore District Council member Mitch Nowakowski told WBEN last week that
he was told by that the gunman did not bring the weapon in from the front of the club. But rather, through a patio or a fence, in the back of the building.
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