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Police misconduct case moving from West Seneca to Elma

Vasquez accused of on-duty sex with victim
VASQUEZ.jpg
Posted at 2:43 PM, Jan 24, 2020
and last updated 2020-01-24 14:43:23-05

BUFFALO, N.Y. (WKBW) — A police misconduct case in West Seneca will be tried in a neighboring town after both West Seneca town judges Friday recused themselves from the case.

State Police arrested West Seneca Police Officer Derek Vasquez last month for allegedly having a sexual encounter with a victim of domestic violence while he was on duty last year.

Erie County District Attorney John Flynn charged Vasquez with one count of official misconduct, a misdemeanor, and Vasquez was scheduled to appear in West Seneca Town Court on Friday.

But town justices Jeffrey M. Harrington and Shannon E. Filbert recused themselves from the case, court officials and attorneys said. A West Seneca police official said Harrington cited pending cases before him involving the police work of Vasquez.

A spokeswoman for Flynn said the case is in the process of being transferred to Elma Town Court, but no date has been set for the next proceeding. Vasquez’s attorney, Patrick Brown, also said the return date is unclear.