Nicholas Rosado

A 37-year-old Mayville man has been indicted after striking a bicyclist who died in the city of Buffalo and leaving the scene of the incident.

Erie County District Attorney John J. Flynn announced that Nicholas J. Rosado, also known as Nicholas J. Boaz, was arraigned Tuesday morning before state Supreme Court Justice Paul B. Wojtaszek on an indictment charging him with leaving the scene of an incident resulting in death, driving while intoxicated and seventh-degree criminal possession of a controlled substance.

It is alleged that on Thursday, July 7, at approximately 10 p.m., Rosado was driving a pickup truck northwest on Abbott Road when he hit a bicyclist near Kenefick Avenue. The defendant allegedly left the scene without reporting the incident to police. The victim, 27-year-old Theodore Dionne of West Seneca, died from his injuries.

It is further alleged that later the same evening, West Seneca Police officers saw the defendant driving a pickup truck on North Covington Drive. Police officers saw the defendant attempting to change direction and hit a tree with his vehicle. As officers approached, the defendant exited the vehicle and allegedly attempted to run from police. As the officers chased after the defendant, they allegedly saw the defendant drop packages in the driveway of a home on Potters Road. He was apprehended in a backyard after a brief foot pursuit. The defendant had allegedly been operating the vehicle while under the influence of alcohol.

Officers recovered the packages from the driveway, which were suspected to contain Suboxone. The packages were submitted to the Erie County Central Police Services laboratory for testing and the substance was confirmed to be Suboxone.

Rosado was transported to a hospital to be treated for minor injuries. The juvenile was evaluated for injuries at the scene then released to the custody of a relative.

West Seneca Police charged the defendant with misdemeanor DWI and drug charges. Rosado was given an appearance ticket to be arraigned at a later date in West Seneca Town Court as the charges were non-qualifying offenses for bail.

Rosado is scheduled to return on Friday, Jan. 13 at 11 a.m. for a pre-trial conference. He was held without bail. If convicted of the highest charge, Rosado faces a maximum sentence of seven years in prison.

Flynn commends the Buffalo Police Department Accident Investigation Unit and the West Seneca Police Department for their work in this investigation. The case is being prosecuted by Assistant District Attorney Christopher M. McCarthy and Chief Paul J. Glascott of the Vehicular Crimes Unit.