Buffalo, N.Y. (WBEN) - A Buffalo man has charges re-filed against him for allegedly referencing the Tops mass shooting in threatening phone calls he made to a pair of businesses in Downtown Buffalo.
The Erie County District Attorney's Office announced on Thursday that 52-year-old Joseph Chowaniec was arraigned Wednesday before Buffalo City Court Judge Andrew LoTempio on two counts of Aggravated Harassment in the Second Degree (Class "A" misdemeanors).
It is alleged that on Sunday, May 15, 2022 at approximately 12:05 p.m. ET, the defendant made a phone call to a pizzeria located on Delaware Avenue in the City of Buffalo with the intent to harass or threaten another person. The defendant allegedly spoke with an employee and made a threat.
A little more than 40 minutes later, the defendant then placed a second phone call to a brewery located in Downtown Buffalo with the intent to harass or threaten another person. The defendant allegedly spoke with an employee and made a threat.
In both alleged threats, Chowaniec is accused of referencing the shooting that occurred at the Tops Friendly Market on Jefferson Avenue in the City of Buffalo the day before on May 14.
Both restaurants closed for the day after receiving the threatening phone calls.
Chowaniec was indicted in May on two counts of Making a Terroristic Threat (Class "D" felonies), but Erie County Court Judge James Bargnesi later granted his defense counsel's motion and the case was dismissed.
Chowaniec is scheduled to return to court for a pre-trial conference on Wednesday, Jan. 4, 2023 at 9:30 a.m. EST. He was released on his own recognizance as the charges are non-qualifying offenses for bail.
Temporary no-contact orders of protection were issued on behalf of the victims, which includes their place of employment.
If convicted of the charge, Chowaniec faces a maximum sentence of one year in jail.
"This defendant is accused of making threatening phone calls to businesses and referencing this horrific crime the day after the shooting occurred on Jefferson Avenue. I, along with the families of the victim, the survivors and the entire City of Buffalo continue to mourn this tragedy," said Erie County District Attorney John Flynn in a statement. "This crime will not be tolerated and any threat will be thoroughly investigated and prosecuted to the fullest extent of the law."
