Buffalo, N.Y. (WBEN) - As the Buffalo community continues to recover from Saturday's tragic mass shooting at a Tops Friendly Market on Jefferson Avenue that took the lives of 10 people, a number of threats to the public have been reported and addressed over the last 48 hours.
This included the arrest and arraignment of a 52-year-old Buffalo man on Monday, as he called a local pizzeria and brewery in Downtown Buffalo on Sunday, making terroristic threats while referencing to the shooting that occurred at the Tops. That man is now facing seven years in prison, if convicted of the Class "D" felony charge.
"There's a lot of chatter out there. There is a lot of threats out there that I'm hearing about, and that we're hearing about in law enforcement," said Erie County District Attorney John Flynn during a press briefing at Engine 21, Ladder 6 on Monday. "As usual, [the Buffalo Police Department] did a great job, found out who this guy was, went and arrested him [Sunday] night. We held them last night, because it was a [Class 'D'] felony, and under the New York State bail laws, we can hold someone overnight for a 'D' felony, which we did. We held them overnight, and we arraigned him [Monday] morning on a 'D' felony, Making a Terrorist Threat."
Meanwhile, another threat surfaced on Monday in Amherst, indicating that someone and their "associates" were targeting a number of different stores in the area with the intent of "only looking to kill blacks."
"I can just confirm that our central police services and police agencies were advised of it, and they're looking into it," said Erie County Executive Mark Poloncarz during Monday's press briefing. "I do know the information was also passed on to the FBI, but it is taken very seriously. It's not being ignored, and they're looking into it."
As was made clear by not only District Attorney Flynn, Buffalo Mayor Byron Brown and U.S. Attorney for the Western District of New York Trini Ross on Monday, these threats that are circulating and being made are being investigated, and they will not be tolerated.
"This is what's going to happen if you make threats: You are going to get arrested, and then I am going to prosecute you," Flynn said emphatically. "Let this case send a message out there to any tough guy, or anyone who wants to be cute out there in sending messages, or threatening anyone, or putting anything on social media: I will find you, I will arrest you and I will prosecute you. And I don't mean to speak for Trini [Ross], but so will she."
As for the investigation, Buffalo Police Commissioner Joseph Gramaglia continues to point out this will be a very long and lengthy investigation. The crime scene continues to be processed, while search warrants are also being obtained and executed, which primarily covers online search warrants relating to the 18-year-old suspect.
Meanwhile, some additional information has surfaced about the shooter's whereabouts in the months leading up to the shooting.
"The individual was here a few months ago back in early March," said Gramaglia. "We have confirmed now that it appears that individual was here back a couple of months ago in early March."
This revelation comes after the investigation originally revealed the suspect was in Buffalo at the Tops on Jefferson Avenue just the day before the shooting took place.
As for the prosecution of the suspect, District Attorney Flynn says there was a new development in the matter on Monday.
"As all of you know, on Saturday night at the arraignment, the defense attorney made a request for a forensic examination. That request was to the judge that two medical doctors look at my client and evaluate him to determine whether or not we can proceed. Less than 24 hours later, the defense attorney withdrew that request. That forensic examination has now been withdrawn," Flynn explained. "I don't see the need to ask for it myself, so I'm not going to ask for it. The judge has the ability - sua sponte - on his own, for those who didn't take Latin, to order the investigation, a forensic. He did not feel the need to do that, so the mental health forensic part of this has now become a moot point, and is now off the table."
With this decision, it means that there is no longer the possibility for Thursday's felony hearing to be delayed. The proceeding will take place as scheduled.
"One of two things is going to happen at that felony hearing: The defendant is either going to waive that felony hearing, or the felony hearing is going to happen on Thursday and then we'll go forward," Flynn said. "Once that felony hearing happens on Thursday, the 'grand jury investigation' is going to begin, and I will not be able to talk more about anything having to do with this investigation until there has been an indictment on this matter."
As the crime scene continues to be processed, the Tops on Jefferson Avenue will remained closed, which has put some stress on the local community and their ability to access to buy the food they need. However, as the store remains temporarily closed, Tops is offering free shuttles from Jefferson and Riley to the Elmwood store daily from 10 a.m. ET to 7 p.m. ET. Tops is also teaming up with FeedMore WNY to distribute free food daily from 9 a.m. ET to 9 p.m. ET until May 27.
As for when the processing of the grocery store will be completed, FBI Special Agent Stephen Belongia explains it will take some time, as they have to be methodical during this investigation.
"The laboratory at Quantico has provided advanced tools and advanced training teams that have been trained in special techniques that can be used to map the location, can be used to create digital models, can be used to create physical models, as well as mapping and the trajectory of bullets. This process is painstaking. It takes time, and we will continue as quickly as possible to process that scene so it can be released back to this community, which relies on this grocery store so much."
As for the families grieving the loss of their loved ones on Saturday, Poloncarz provided the latest update in terms of when the deceased will be able to return to the families.
"The Erie County Medical Examiner's Office is in the process of performing the autopsies," the County Executive said. "We've had calls as to when the deceased will be released to the families through their funeral directors. I've been advised by the Erie County Medical Examiner's Office they expect to complete the autopsies by the end of the day on Wednesday. There is a process that has to be followed to ensure the evidence that is provided to the District Attorney's Office, so that they can successfully prosecute this manner, is followed to a tee. Therefore, they do anticipate that they should be able to complete that process for each of the deceased by the end of Wednesday."
While nothing is going to be able to bring back those lost during Saturday's shooting, the community at large has come together to help those families grieving during these tough times.
Mayor Brown recognized on Monday the leadership at New Era Cap Company has agreed to make a $300,000 donation to support the highest needs possible and all those directly impacted by this tragedy. He added the New Era team learned and was heartbroken to hear one of their former associates, Celestine Chaney, was one of the victims of the shooting.
Also in attendance for Monday's press briefing was former Buffalo Bills running back and Hall-of-Famer Thurman Thomas, along with his wife, Patti. Through the work of their family foundation, Thurman and Patti revealed that since Sunday, they have raised more than $100,000 to help the city and its residents in the aftermath of the shooting.
"I'm hurting for the city that I love. I'm hurting for the people on the East Side, their families, our friends and our community," said Thurman Thomas. "You read about stuff happening in other states, but when it's right here at home, it's tough. It really is tough. This is a time that we need to come together, we really, really do. ... We're going to continue, as a family, as a foundation, to do everything that we possibly can to make this better, to make this right."
"This is hard, and we know that the community is hurting. There's a lot of great efforts out there, ours is just one of them," added Patti Thomas. "You can trust that anything that is given through our foundation, we are working with the folks behind us to make sure that it has a serious impact on this community. ... Buffalo is the 'City of Good Neighbors,' but hate exists everywhere. We have got to come together. We have to come together and let Buffalo be a beacon of how that can happen. Let us set an example on how people can come together."
Meanwhile, President Joe Biden and First Lady Jill Biden are expected to be in Buffalo on Tuesday to pay respect to the 10 victims and their families of this tragedy.
Mayor Brown says that he has been in contact with the White House and a number of other people and agencies in Wshington, D.C. over the past few days. He even got a call himself from President Biden, however, he says he missed that call because he was in church with Buffalo Common Council President Darius Pridgen at the time of the call.
While the Buffalo Mayor did not give any details as to what to expect from Tuesday's visit, Brown says he's honored that the President will make a stop into Buffalo.
"We are all honored, and we are appreciative that in the aftermath of this terrible tragedy, this attack on our community, that President Biden has chosen to come to Buffalo to try to help this community heal," he said. "We have asked for additional resources for this community in a variety of different ways, and I think the fact that the President is coming here shows how seriously he takes the issue of availability of guns, mass shootings, hate speech, and the things that we are dealing with out of this tragedy."
Hear more from Monday's press briefing in the player below:
