Prosecutorial Missteps Lead to Dismissal of Hertel Avenue Triple Shooting Charges
An Erie County judge dismissed all attempted murder charges against Caron D. Fleming for a 2024 triple shooting in North Buffalo. The dismissal was attributed to severe procedural violations and negligence by the District Attorney's Office.
On April 2, 2026, Erie County Court Judge Kenneth Case granted a defense motion to dismiss all attempted murder charges against 30-year-old Caron D. Fleming. The charges stemmed from a severe incident of gun violence on January 6, 2024, inside the Sahara Hookah Lounge on Hertel Avenue in North Buffalo, which resulted in three men being shot and wounded.
The dismissal of the charges was not based on the exoneration of the defendant or a lack of physical evidence. Instead, Judge Case ruled that the dismissal was due to gross procedural negligence by the prosecution. The Erie County District Attorney's Office fundamentally violated statutory speedy trial rules and failed to meet mandatory legal requirements for turning over discovery evidence to the defense counsel.
Defense attorney Robert Steinhaus publicly applauded the dismissal, characterizing the prosecution's handling of the case as a travesty. The Erie County District Attorney's Office, now under the leadership of Mike Keane, is currently evaluating whether to pursue an appeal of the judge's decision regarding the high-stakes violent crime.