Driver Arraigned for Killing Pedestrian in Hit and Run, Carjacking Second Victim in City of Tonawanda

Acting Erie County District Attorney Michael J. Keane announces that Mark G. Whalen, 31, of Hamburg was arraigned yesterday afternoon before Tonawanda City Court Judge Mark E. Saltarelli on one count of Manslaughter in the Second Degree (Class "C" felony), one count of Leaving the Scene of an Incident Resulting in Death, one count of Grand Larceny in the Third Degree (Class "D" felonies), one count of Reckless Endangerment in the Second Degree, one count of Unauthorized Use of a Motor Vehicle in the Third Degree, one count of Criminal Possession of a Controlled Substance in the Seventh Degree (Class "A" misdemeanors), one count of Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, and one count of Reckless Driving (unclassified misdemeanors under New York State Vehicle and Traffic Law) and several New York State Vehicle and Traffic Law violations.

It is alleged that on Monday, November 11, 2024, at approximately 8:15 p.m., the defendant was recklessly operating a vehicle without a valid driver's license when he hit a pedestrian who was crossing Delaware Street near Benton Street in the City of Tonawanda. The defendant is accused of driving away from the scene without reporting the incident to police. The victim, a 40-year-old male, died from the injuries.

It is further alleged that a short time later, the defendant caused a rear-ended collision with a vehicle near the intersection of Delaware Street near Broad Street in the City of Tonawanda. After the crash, the defendant allegedly stole the victim's vehicle and fled the area. The defendant was later taken into custody after causing another crash with a second vehicle in North Tonawanda. The defendant was allegedly found in possession of a small quantity of suspected cocaine while being placed under arrest.

Whalen is scheduled to return on Friday, November 15, 2024, at 1:30 p.m. for a felony hearing. He was held without bail.

If convicted of the highest charge, Whalen faces a maximum sentence of up to 15 years in prison.

Acting DA Keane commends the City of Tonawanda Police Department, North Tonawanda Police Department, Town of Hamburg Police Department, Town of Tonawanda Police Department and all other assisting agencies for their work in this ongoing investigation. Additional charges may be filed.

The case is being prosecuted by Chief Paul J. Glascott of the Vehicular Crimes Bureau.

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