Buffalo, N.Y. (WBEN) - An Amherst man was arraigned on Thursday afternoon before a Grand Island Court judge on one count of Driving While Intoxicated and one count of Obstruction of Governmental Administration in the Second Degree (Class "A" misdemeanors).
48-year-old Daniel Martinez was also charged with three Vehicle and Traffic Law violations for imprudent speed, failure to stop at a stop sign and failure to yield to right of way at a stop sign, according to the Erie County District Attorney's Office.
It is alleged that on Wednesday, Jan. 11 at approximately 6:16 p.m. EST, Martinez was driving under the influence of alcohol at a high-rate of speed when he ran a stop sign at the intersection of East Park Road and Stony Point Road in the Town of Grand Island, resulting in a collision with another vehicle that had the right of way. No injuries were reported, but the victim's vehicle was damaged in the crash.
It is further alleged that after he was placed under arrest, the defendant obstructed governmental administration by refusing and physically preventing law enforcement from obtaining his fingerprints, which are required during a lawful arrest.
"There are so many things that happened with this man, I don't really know where to begin to start," said Erie County District Attorney John Flynn on Friday.
Martinez is scheduled to return on Wednesday, Jan. 25 at 5 p.m. EST for a pre-trial conference. He was released on his own recognizance as the charge is a non-qualifying offense for bail.
After the arraignment in the DWI case, the District Attorney's Office filed a motion with the State Supreme Court, arguing the defendant should be held without bail in a pending homicide case against him.
It is alleged that on Sept. 30, 2020 at approximately 2:45 a.m. EST, Martinez intentionally set a fire inside of his girlfriend's residence located on the first floor of a multi-family home on Concord Avenue in the City of Buffalo. The girlfriend's mother was in bed at the time of the arson.
The victim, Maria Galazka, suffered multiple burns and smoke inhalation in the fire. She was transported by ambulance to Erie County Medical Center, where she later died on Nov. 5, 2020, which was her 66th birthday.
Martinez was arraigned on an indictment, charging him with two counts of Murder in the Second Degree (Class "A-I" felonies) on Dec. 1, 2020. He was released after posting bail set at $500,000 cash, bond or property.
"In my six years here, I can't remember anyone getting out on bail on a homicide," Flynn said. "In this case, the judge, who is no longer a judge now - he retired a year or two ago - put $500,000 bail on him and a million dollars property, and he posted his property for a million dollars. Apparently, this defendant has some money, apparently his family has some money, and obviously some property. He posted bail within 24 hours of a million dollars back in 2020, and he's been out on bail now for the entire time after his alleged homicide."
Flynn says this case actually went to trial and started in December before Christmas However, Flynn says another oddity happened with this case when they ran out of jurors for the trial.
"I can't remember that ever happening in this building before. I don't know whose fault it was, I'm not gonna blame the judge or blame the county, but someone dropped the ball, obviously, and they didn't have enough jurors in the jury pool and they ran out. So we had to declare a mistrial back in December," Flynn explained.
It was the hope of Flynn and this office on Friday to be able to revoke Martinez's bail from 2020 and get him back in prison after Wednesday's DWI in Grand Island.
"Under the tweaks of bail last year, there's a harm and harm analysis. If you're out on bail on one crime, where you've committed a harm, which he did - homicide - and then you cause harm or property on another crime while you're out on bail, then that judge can put a bail on you," Flynn explained. "Well, because he was only charged with a DWI, that's really not harming anyone. The Grand Island judge had to let him out on bail because it's a non-qualifying offense. We fixed that today, obviously, so we're gonna get him back in front of Grand Island as soon as possible."
It was determined on Friday by State Supreme Court Justice Paul Wojtaszek denied the prosecutor's motion to revoke bail.
"This guy is still out there right now, we're going to try now in Grand Island - when we come back from the holiday - to get that judge, perhaps, to revoke his bail on the DWI charge, and then maybe we hold him on that," Flynn said. "The bottom line is this guy is out on bail from a murder, gets a DWI, and is still out there right now. As you can, I am not happy."
One Buffalo firefighter was also injured while fighting the blaze. He was taken to ECMC, where he was treated and released.
A resident who lived in the upper apartment was displaced, but unharmed in the fire.
Jury selection in the homicide trial is scheduled to begin on Monday, March 13.
