A suspended Town of Tonawanda police officer falsely claimed he wasn't behind the wheel during a January 2019 car crash because he had been drinking earlier that night and was driving under the influence, prosecutors say.
Officer Howard M. Scholl III was arraigned Thursday in Erie County Court following his indictment on a felony charge of falsifying business records and a misdemeanor charge of insurance fraud, an appearance delayed from March because of the coronavirus pandemic.
Scholl's wife, Aimee, also was arraigned on a felony charge of falsifying business records. The pair pleaded not guilty through their attorneys.
For the first time, authorities gave a reason for Howard Scholl's decision to initially claim his wife was driving that night.
"The defendants are alleged to have misled the responding officers about who was driving in order to conceal that Howard Scholl had been drinking prior to the accident and was driving under the influence of alcohol, resulting in a false accident report," according to a statement from the Erie County District Attorney's Office.
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Howard Scholl, who remains suspended without pay, and his wife were arraigned in May 2019 in Amherst Town Court on misdemeanor counts, which did not prevent his return to the force. A felony would bar him from serving as an officer, town officials said.
"Charges were upgraded based on newly discovered evidence," said Kait Munro, a spokeswoman for Erie County District Attorney John J. Flynn, who declined to elaborate.
"I'm not aware of any new evidence that would support felony charges," said Barry N. Covert, Howard Scholl's defense attorney.Â
The charges stem from a Jan. 19, 2019, incident when Scholl was off duty and leaving a party for members of the town's SWAT team at Sinatra's Restaurant on Kenmore Avenue.
When his SUV rolled through a stop sign and struck a vehicle on Englewood Avenue that had the right of way, responding officers noted icy conditions may have been a factor in the crash. Both occupants of the other vehicle were taken to a hospital for treatment for minor injuries.
The first accident report filed shortly after the crash stated Aimee Scholl was driving. A corrected accident report states Howard Scholl was driving, and he was placed on unpaid leave after the second report was filed. Three responding officers and a captain on duty that night also were disciplined
Actions by officers at the scene of the collision raise questions as to whether they gave colleague special
The insurance fraud charge accuses Howard Scholl of lying about who was driving the vehicle in a call to his auto insurance carrier.
Aimee Scholl was given a field sobriety test that showed she was not intoxicated, town police have said. The Buffalo News previously reported that Howard Scholl was not tested at the scene.
Referring to his client, Covert said the evidence he's reviewed "does not support any claim that he was impaired by alcohol."
Howard Scholl's actions that night don't rise to the level of criminal conduct, his attorney said.
"He did initially make a mistake at the scene but he quickly corrected it," said Covert, adding Scholl wants to return to his position with the department.
The town has moved to fire Scholl, who earned $96,656 in 2018, but the Town of Tonawanda police union is challenging his termination.
"I do not believe that former Officer Scholl has a place in our police department," Tonawanda Supervisor Joseph Emminger said after the arraignment.
A State Supreme Court judge last August ordered the town to reinstate Scholl, with back pay, ruling officials improperly handled the disciplinary case against the officer.
The town has appealed the judge's decision and Scholl's status hasn't changed while that case awaits a decision in the Appellate Division's Fourth Department. Scholl's civil attorney, Paul Weiss, did not immediately respond to a request for comment Thursday afternoon.
