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Erie County District Attorney John J. Flynn announces that 33-year-old Daniel Witczak of Orchard Park has been arraigned on one count of Vehicular Manslaughter in the Second Degree, a Class “D” felony. The defendant was arraigned last night before West Seneca Town Justice Jeffrey Harrington.

• NIAGARA FALLS – City police charged a 79th Street man with driving while intoxicated after a two-car rollover crash Tuesday afternoon that sent a woman to the hospital.
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It is alleged that on Sunday, September 15, 2019, at approximately 5:30 a.m., the defendant was driving under the influence of alcohol when he crashed a vehicle on Southwestern Boulevard in the Town of West Seneca. Police who responded to the scene found the vehicle overturned approximately 100 feet from the roadway.

The defendant was initially arraigned on one count of Driving While Intoxicated, a Class “A” misdemeanor, on October 15, 2019. He was charged with the additional count as the West Seneca Police Department and the Erie County District Attorney’s Office continued their investigation into the case.

Witczak and two passengers were taken to ECMC with serious injuries. Another passenger, 38-year-old Corrine Bennett, was pronounced dead at the scene. The two surviving passengers continue to recover from their injuries.

Last night, the defendant immediately waived a felony hearing, and the case will now proceed to a Grand Jury. Therefore, a return court date has not been scheduled at this time.

Witczak remains released on his own recognizance.

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DA Flynn commends the West Seneca Police Department Accident Investigation Unit for their work in the investigation.

The case is being prosecuted by Chief Paul Glascott of the DA’s Vehicular Crimes Bureau.

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As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.