The Depew Police Department requested that our office review the incident that resulted in the injury of State Supreme Court Justice John L. Michalski on February 28, 2021. The Erie County District Attorney’s Office has determined that no criminal conduct occurred.
The Erie County DA’s Office is currently prosecuting a criminal case against 38-year-old Katrina Nigro, also known as Katrina Gerace, of East Aurora.
On October 11, 2019, at approximately 9:00 p.m., the defendant, while driving under the influence of alcohol, crossed the double yellow line on Bowen Road in the Town of East Aurora, causing a head-on crash with another vehicle. Two people in the other vehicle were injured as a result.
The defendant was charged by the East Aurora Police Department with Aggravated Unlicensed Operation of a Vehicle in the First Degree (Class “E” felony) and a misdemeanor Driving While Intoxicated charge. She was arraigned in Town of Aurora Court on November 16, 2019.
The defendant appeared before State Supreme Court Justice John L. Michalski, who was assigned to Special Term, to enter into a Superior Court Information plea on July 8, 2020. She pleaded guilty to one count of Vehicular Assault in the Second Degree (Class “E” felony).
On July 21, 2020, Justice Michalski issued a letter, recusing himself from the case due to a personal conflict. The Erie County District Attorney’s Office was unaware of the conflict until the matter was brought to our attention by Justice Michalski.
The case was transferred to Erie County Court Judge Kenneth Case. The defendant reaffirmed her guilty plea to the charge of Vehicular Assault in the Second Degree before Judge Case on September 21, 2020.
Nigro faces a maximum of four years in prison when she is sentenced on Wednesday, March 31, 2021 at 11:00 a.m. She remains released on her own recognizance.
