BUFFALO — Mark Whalen has pleaded guilty to manslaughter and leaving the scene of a fatal accident in the death of Terrence Wyatt, who was struck and killed while crossing Delaware Street in the City of Tonawanda on November 11, 2024.
The deadly incident was part of a reckless driving rampage that began in the Town of Evans in Erie County and ended in North Tonawanda in Niagara County.
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Prosecutors said Whalen got into a fender-bender with another driver in the Town of Tonawanda, who then chased him.
During the high-speed chase through multiple towns, Whalen struck and killed Wyatt, who was crossing the street, and he continued to flee.
"He was the ultimate provider of our family and leader for us all," Robin Wyatt said.
Robin, the victim's widow, delivered emotional testimony during the sentencing hearing, calling Whalen a coward for his actions.
"Mark Whalen is a coward," she said. "He ran from the police and he ran from James Denezza, the man chasing Whalen at the time. He kept running, even after he killed Terrence, not stopping once to look back and think about what he just did."
Judge Sheila DiTullio echoed those sentiments during sentencing in Erie County Court.
"Miss Wyatt -- Robin Wyatt, you clearly and correctly described Mr. Whalen as a coward," the judge said. "You ran from the police. You ran from civilians chasing him and you kept running and driving even after killing Terrence."
Robin described the devastating impact of losing her husband, particularly having to tell their children about their father's death.
"What hurt the most was telling my children that their dad was dead," Robin said. "Doing this was one of the hardest things I've ever had. I've ever done. It literally destroyed my heart. This pain was, and still continues to be, excruciating."
Whalen addressed the courtroom before he was sentenced.
“I made a wrong decision," he said. "I was in fear for my life, and I’m going to have to live with it for the foreseeable future.”
Whalen only apologized when asked by the judge if he wanted to offer an apology to the family.
"Yes...all the family and everybody who knew Terrence Wyatt, my deepest condolences," Whalen said.
The Wyatt family said they wanted a longer sentence, but are grateful for some justice. Whalen faces additional sentencing in Niagara County, where he has already pleaded guilty to related charges.
Defense attorney James Maloney said Whalen will be sentenced to 18 years in Niagara County, which will run concurrently with the Erie County sentence.
"So it's actually the Niagara County sentence that controls when he's released from prison," Maloney said.
As a second felony offender, Whalen received the maximum sentence allowed under the charges.
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